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ATF - FREQUENTLY ASKED QUESTIONS RECEIVED BY NFA CUSTOMER SERVICE REPS

FREQUENTLY ASKED QUESTIONS RECEIVED BY NFA CUSTOMER SERVICE REPS

Q. When will this final rule go into effect?

A. The effective date is July 13, 2016.

Q. If an application was submitted prior to the effective date of the new regulations, will it be grandfathered in?

A. Applications post marked prior to the effective date of July 13, 2016 will be processed according to the current regulations. All applications post marked on or after the effective date of July 13, 2016 will be processed according to the new regulations set forth by 41F.

Q. Who in a trust or legal entity will have to submit fingerprint cards?

A. All responsible persons of the trust or legal entity are required to submit fingerprint cards. See definition of “responsible person” to determine who qualifies.

Q. Are fingerprint cards and photographs for each responsible person required for every NFA application submission?

A. Yes. Fingerprint cards and Form 5320.23 with photograph attached are required for all responsible persons associated with the trust or other legal entity for each application submitted.

Q. May a Federal firearms licensee fingerprint a customer? As an FFL dealer, can we fingerprint our customers?

A. Fingerprints may be taken by anyone who is properly equipped to take them (see instructions on ATF Form 1, Form 4, Form 5, and Form 5320.23). Therefore, applicants may utilize the service of any business or government agency that is properly equipped to take fingerprints.”

Q. Is an FFL required to conduct a NICS background check prior to the transfer of the firearm for applications submitted by trusts and legal entities before the effective date of July 13, 2016?

A. Yes. A NICS background must be conducted if an NFA firearm has been approved for transfer to a trust or legal entity, such as a corporation, and no background check was conducted as part of the application process on the individual who will receive the firearm.

Q. Is an FFL required to conduct a background check prior to the transfer of the firearm for application submitted by trusts and legal entities after the effective date of July 13, 2016?

A. No. NICS background check will not be required prior to the transfer of the NFA firearm if the individual picking up the firearm on behalf of the trust or legal entity has undergone a background check as part of the application process. Responsible persons will be listed on the ATF Form 1, 4, or 5 so the licensee will know who has undergone a background check as part of the NFA application process.

Q. If I use a previous version of Form 1, 4, or 5, will it be accepted?

A. No. On or after July 13, 2016, all previous versions of ATF Forms 1, 4, and 5 will be obsolete and will be returned without action.

Source: ATF - General 41F Questions and Answers

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