Post 41F Procedures

Now that the pre-41F push has ended and the dust has settled from those rushing to fall under the old rules, many are asking how the new rules will affect future purchases. For the end consumer, the process has changed slightly and we are working diligently to enhance our system and make the adjustments as easy as possible.

New Form 4 applicants are required to submit fingerprints and photos for each responsible person within their trust or corporation. With Capitol Armory, customers will find that once fingerprints are provided, the rest of the process is simple and can be completed digitally and remotely. Subsequent purchases will only require your digital signature which will be captured via email.

New Requirements for Trusts & Corporation Applicants:

1. All responsible persons (see definition below) must provide fingerprints with each NFA purchase.
   1. Fingerprints for each responsible person only need to be provided to Capitol Armory once. We will securely store your fingerprints digitally for future purchases. We will also store them if you provide ink rolled prints.
   2. Fingerprints can be taken in our shop, at your local police department, or at a 3rd party provider near you. We will mail fingerprint cards and an instruction sheet to each responsible party. A list of fingerprint locations near you will be available soon. Call us if you need suggestions.
2. All responsible persons must provide a photo with each NFA purchase.
   1. A photo for each responsible person only needs to be provided to Capitol Armory once every 12 months. We will store the photo for future purchases within each 12 month period.
   2. Your photo can be submitted digitally with the Capitol Armory mobile application (coming soon) or you can use a 3rd party mobile application called ID PhotoPrint (search ID PhotoPrint in the app store.) You may also visit a location near you that offers passport photo services, such as CVS or Walgreens. Per the ATF, the photo must be a 2 inch x 2 inch photograph of the frontal view of the transferee taken within one year prior to the date of the application. As long as those guidelines are met for a "passport style" photo, applicants may be able to take the photo using a smart phone. You may email your photo to [email protected].
3. Capitol Armory must notify the Chief Law Enforcement Officer (CLEO) regarding the transfer. This is a notification only; CLEO signature or approval is not required and no action is needed from our customers regarding the notification. Capitol Armory will notify the Director of Texas DPS rather than your local Sheriff or Chief of Police.
4. All responsible persons must sign a responsible person questionnaire. Capitol Armory will collect each responsible person’s signature digitally via email.
5. Capitol Armory can ship your NFA item(s) directly to you upon approval. A CHL or LTC is no longer required for shipment since a background check was already done as part of the approval process.

New Requirements for Individual Applicants:

1. CLEO sign-off is no longer a requirement for transfer; however, we are required to send a notification regarding the transfer. The removal of the CLEO sign off is a small win for NFA owners, especially those wishing to transfer as an individual in locations where CLEO sign-off was previously not possible.
2. Individual are still required to provide fingerprints and two "passport style" photos for each NFA purchase. See above for more information about providing fingerprints and photos to Capitol Armory.
3. Individual applicants must sign the Form 4 application. Capitol Armory will collect your signature digitally via email.

Who is a responsible person?

In many cases, responsible persons will be the settlors and co-trustees of your trust. This definition is dependent on your trust and how it defines the roles of each party.

The ATF defines a responsible person as:

In the case of an unlicensed entity, including any trust, partnership, association, company (including any Limited Liability Company (LLC)), or corporation, any individual who possesses, directly or indirectly, the power or authority to direct the management and policies of the trust or entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity. In the case of a trust, those persons with the power or authority to direct the management and policies of the trust include any person who has the capability to exercise such power and possesses, directly or indirectly, the power or authority under any trust instrument, or under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust. Examples of who may be considered a responsible person include settlors/grantors, trustees, partners, members, officers, directors, board members, or owners. An example of who may be excluded from this definition of responsible person is the beneficiary of a trust, if the beneficiary does not have the capability to exercise the powers or authorities enumerated in this section.

What if I have too many co-trustees or co-trustees in different states?

You are only required to list the responsible persons that exist when you submit your Form 4 application and there is NO requirement to notify the ATF if a responsible person is added after the transfer occurred. Capitol Armory recommends that you remove all unnecessary co-trustees prior to purchase and transfer. Doing so eliminates the hassle of providing fingerprints and passport photos for those on the trust that do not actively participate in the use or transport of NFA weapons contained in the trust. Should you decide to add responsible persons at a later date, there is no additional paperwork or notification required by the ATF. Capitol Armory recommends that all changes/amendments to a trust are maintained with your trust paperwork so all your documentation is in proper order.

If you purchased a trust from Capitol Armory, your trust was established with one clear settlor and co-trustee. Successor trustees and beneficiaries within the trust do not meet the definition of a responsible person and would not be subject to the new fingerprint and passport photo requirement. Only the settlor and any co-trustees you may have added after the trust was initially established would be subject to the fingerprint and passport photo requirement.

If you purchased an online trust from another company or have a trust that does not easily allow the addition and removal of responsible persons or co-trustees, we recommend you contact a trust attorney. Or, you may also purchase a new trust through our website. Our online trust allows you to have one responsible person (yourself) and subsequently allows you to add and remove co-trustees in the future. A new trust with one responsible person eliminates the burden of the new requirements on other co-trustees that may be in other locales or have less interaction with the NFA weapons placed within the trust.

Should I transfer as an individual to avoid the responsible person requirements for a trust?

There are still clear advantages of transferring NFA items into a trust.

1. Trust continue to allow multiple persons unsupervised access to NFA items within the trust.
2. Items within the trust are more easily inherited by your beneficiaries.

If your trust has many co-trustees (responsible persons), consider dropping the unnecessary co-trustees, or purchase a trust from Capitol Armory in order to clearly define the responsible persons in your trust.

How do I sign the Form 4 or responsible person questionnaire?

Capitol Armory will email each responsible person for their digital signature.

Where do I get my fingerprints taken?

Fingerprints only need to be taken once and will be stored with Capitol Armory for use in the future. Fingerprints can be taken in our shop, at your local police department, or at a 3rd party provider near you. A list of fingerprint locations near you will be available soon.

How do I provide my photo?

Photos are valid for a 12 month period of time and may be submitted digitally with the Capitol Armory mobile application (coming soon) or you can use a 3rd party mobile application called ID PhotoPrint (search ID PhotoPrint in the app store.) You may also visit a location near you that offers passport photo services, such as CVS or Walgreens. Per the ATF, the photo must be a 2 inch x 2 inch photograph of the frontal view of the transferee taken within one year prior to the date of the application. As long as those guidelines are met for a "passport style" photo, applicants may be able to take the photo using a smart phone. You may email your photo to [email protected].

How do I file a Form 1: Application to Manufacture a NFA Weapon?

Capitol Armory will continue to file Form 1s on behalf of customers. If you would prefer to complete the paperwork yourself, we will offer a service to provide fingerprints and/or passport photos only. You can expect a new Form 1 how-to video shortly. Unfortunately, eForms is no longer an option for filing a Form 1.