Can Any Trustee Pick Up NFA item From their Dealer?
This question recently came up on the REDDIT sub r/NFA. We get asked this question a lot. ccording to the ATF's, "GENERAL 41F QUESTION & ANSWERS" section of the ATF - General 41F Questions and Answers .PDF, only the individual who was actually present was subject to these requirements.
Q: An individual representing a trust or legal entity must complete an ATF Form 4473 and pass a background check prior to receiving NFA firearms from a Federal firearms licensee (FFL). Why was a change to regulation necessary if these procedures apply?
A: Although individuals are subject to these requirements, only the individual who was actually present was subject to these requirements. This means that the other individuals who might act on behalf of the trust or legal entity were not subject to these requirements. Further, the requirement to complete ATF Form 4473 and undergo a background check apply only when a firearm is received from an FFL—no individual is subject to these requirements when the trust or legal entity “makes” an NFA firearm. The final rule addresses this by requiring background checks of all individuals acting on behalf of a trust or entity applying to make a firearm.
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