tal35

Trust Question

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A dealer was telling me the other day that if you have a trust , every 2 years you have to resubmit fingerprint cards etc. even if you do not have any transfers you are doing. I looked and didnt see anything about this. Is it true? It sounded somewhat far fetched to have to resubmit the FP cards and such if you are not purchasing another class 3 firearm. Thoughts?!

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Not quite true.  If you are doing an entity transfer and you submit all the info on the responsible persons atf will keep that info on file for two years so you don't need to submit it all again on every transfer for the next two years.   If responsible people are added, or you go over 2 years, you'll need to resubmit that info again if you do another transfer beyond the original 2 years.  If you do nothing, you don't have to provide any info to aft ever again.  In theory this should make things easier for us?   What I don't know is when the 2 year period starts, with your first submission, the cashing of a check, or the approval of the first form in the timeline.   At the current rate transfers could be a year + very soon so clarification on that would be helpful?  I assume the timeline starts  from initial submission of the first form?   HTH

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You can skip entity documents - not RP info.  Prints and pics go every transfer according to the form instructions and Q&A. 

Q. Are there specific requirements for the “responsible person?”

A. Yes. Each responsible person is required to complete ATF Form 5320.23 (National Firearms Act (NFA) Responsible Person Questionnaire), and submit photographs and fingerprints each time the trust or legal entity files an application to make an NFA firearm or is listed as the transferee on an application to transfer an NFA firearm. In addition, each responsible person for the trust or legal entity is required to notify the CLEO of the locality in which the responsible person is located that an application is being submitted to ATF. 

Q. Will fingerprint cards and photographs be needed for each person(s) identified as a “Responsible Person?”

A. Yes. All individuals identified as “Responsible Persons” are required to submit fingerprint cards and photographs. In addition, each “Responsible Person” is required to complete the Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire. (See instruction 2 d. (5) on the Forms 1, 4, and 5.)

Fingerprint cards and the Form 5320.23 with photograph attached must be provided upon every application submission. 

Q. If an application was approved within the preceding 24 months, are fingerprint cards and photographs required to be submitted with a new application?

A. Yes. The 24-month exemption for providing supporting “documentation” refers only to the documentation proving the existence of an entity, such as trusts or corporate paperwork. The Form 5320.23 with attached photograph and fingerprint cards are required for each person identified as a responsible person for each submission in order to initiate the required background check. See instruction 2 d. (4) and (5) on the Forms 1, 4, and 5. 

 

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I am the only person in the trust, if I send in 5 transfers at one time, only one set of fingerprint card and one set of photos on the form 23? Is that correct?

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