ATF 41F - Final Rule and Published 1/15/16

On January 4, 2016, the Obama administration issued a final rule to ATF 41P. The final rule, 41F, was published in the federal register on January 15, 2016 and goes into effect on July 13, 2016.

First and foremost, this new rule does not effect previous approvals or those pending with the ATF prior to 7/13/2016. As long as you purchase before 7/13/2016 with enough time to be pending in the ATF system, you will be exempt from the new rules. We suggest you purchase at least 30 days before 7/13/2016 if you wish to avoid the new requirements for trust and corporation transfers.

Want the cliff notes without reading the ruling in detail? Here they are:

• From now until early June 2016, it is business as usual. The current rules still apply and you are better off purchasing as early as possible.
• The final rule does not apply to pending or previously approved Form 4 applications.
• As of 7/13/2016, CLEO certification/sign-off will not be a requirement for individuals, trusts, or corporation transfers.
• As of 7/13/2016, a new form, 5320.23, will be required for all responsible persons on a trust (co-trustees) or corporation, and a recent passport photo will also be required. This form will be included with the Form 4 provided to the ATF and to your local Chief Law Enforcement Officer (CLEO).
• As of 7/13/2016, fingerprints will be required for all responsible persons.
• If you submitted fingerprint cards and passport photos within the past two years, you do not need to submit those documents with each subsequent Form 4 transfer because the ATF will keep them on file for two years (given you have not made changes to your trust.)
• If you transfer using a trust or corporation, you will not be required to notify the ATF if changes are made to the trust or corporation after an approval.
• The ATF is exploring electronic fingerprinting and will provide guidance over the next 180 days.
• For new customers looking to purchase, the NFA Firearms Trust offered through Capitol Armory is a valid option for purchases now as well as after the final ATF 41F rules are implemented. Specifically, the trust offered through Capitol Armory features an amendment that allows instant removal of co-trustees anytime without amending your trust, which allows you to limit the amount of fingerprints and passport photos required for NFA purchases.

Capitol Armory will work to minimize the impact of 41F, and we will continue to streamline NFA purchases for our customers.