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More Details on ATF 41F

Silencer Shop 411 - ATF 41FEarlier this month (on 1/15/2016), ATF 41F was published in the Federal Register and the clock started ticking on a final implementation date of July 13, 2016.

After the initial publication, there was quite a bit of speculation and interpretation – so we sat down with the ASA, ATF, & NFA Branch to ensure we know exactly how the new rule will be implemented.

Here are some of the highlights we’ve gotten up to this point:

New Forms Are Coming

As we already knew, the ATF is releasing newly designed versions of Form 1 (5320.1), Form 4 (5320.4), and Form 5 (5320.5).  On top of that there will be a new Form 5320.23 that will be used for ‘responsible persons’ in a trust or corporation.

According to the ATF, we should expect to see those new forms within 2-3 weeks in order for them to hit their own 7/13 implementation deadline for ATF 41F.  The reason they have to be completed so quickly is because of the required comment period on updated forms, as well as printing times.

Keep in mind that the new Form 1 will no longer be compatible with the current generation of eForms; so, if you want to use eForms for your Form 1 submission, now is the time to get it done.

We’ll let you know as soon as we get a chance to look at the final forms.

Which Applications will be Grandfathered?

ATF 41F Was PassedThere has been a lot of confusion around which applications will actually be grandfathered under the existing rules.

Basically, the ATF is treating this exactly like the IRS treats tax returns – and they’ll be relying on the US Postal Service postmark to determine whether a form will be handled under the existing rules vs the new ATF 41F rules.

After talking to the NFA Branch, it sounds like we’ll be able to get Powered By Silencer Shop orders submitted without any issues right up to the beginning of July – and we’ll keep customers up to date as the deadline approaches.  We’ll be working overtime to make sure all the applications get submitted in time, and we’ll be relying more on customer phone calls instead of emails in the final weeks.

What Does the 2-Year Exemption Actually Mean?

The 2-year exemption has been a source of debate, but the ATF clarified that it does NOT apply to fingerprints or passport photos – which is kind of a bummer.

Basically, they’re interpreting the rule to mean you don’t have to send a copy of your trust if it hasn’t changed; but, the other requirements ALWAYS apply, even if you’ve received a recent approval.

Who is a Responsible Person?

This is still a bit questionable – and I’m not even sure the NFA Branch knows what the final answer will be.

Regardless, we’re working on figuring it out and will let you know as soon as we do.  Once the new rule goes into effect, we’ll ensure our detailed ATF paperwork review process includes a check to ensure all responsible persons are being handled correctly.

Conclusion

We’re already working to ensure the transition to ATF 41F goes as smoothly as possible for our customers.  We’re also very aware of the deadlines, and are monitoring existing orders to ensure they’re all submitted correctly before the new rules go into effect.

Stay tuned and we’ll post updated information and ATF interpretations as we get them.

35 Responses to “More Details on ATF 41F”

  1. Sterling says:

    What would be the point in them redoing e-forms other than the form 3 transfers? (don’t get me wrong it would be nice for instantaneous dealer transfers) I was hoping that we would have to submit finger prints and photos for first purchase and then e-forms would be able to do instantaneous approvals after that. I guess the ATF just likes to have a lot of work piled on their desk and in their mailbox. Thank you for everything you guys have done to make the process simple and as fast as it can be and hopefully you’ll be able to keep the silencer shop powered still going after July!

  2. Harold E. Newell Jr. says:

    For years I have wanted to acquire a silencer for hunting and target practice but could not see paying the expensive permit fee. I am a cancelled carry of the state of Florida, where hunting with silencer is allowed.

    As a first time purchaser, what do I need to know about applying for a permit to purchase a silencer? What will be the cost to purchase the tax stamp to purchase a silencer?

    • jeremy@silencershop.com says:

      It is a very simple process. Basically you need to know how you are going to file that is as a trust, corporation or individual. After that you just purchase the silencer an tax stamp from us. We will file all of the paperwork and send it to the FFL that you selected. Once approved you just go pick it up. The cost would be $205 for the tax stamp plus the cost of the silencer and if you decide to use a trust then we sell one for $129.

      For more information read our How To Buy a Silencer section http://www.silencershop.com/how-to-buy-a-silencer

  3. Blake says:

    Are you saying e-filed Form 1s will not work in a couple weeks when these new forms come out, or do we still have to 7/13 for eforms too? Why would be required to use these new forms before the new rules take effect?

    • jeremy@silencershop.com says:

      Good question, there isn’t an answer for this currently. We suspect that you will not be able to eForm a form 1 since it will require fingerprints and photos with submission. As the deadline gets closer then we will know more on this.

  4. Don says:

    Going forward how will this affect the “powered by” sales model?

    • jeremy@silencershop.com says:

      It won’t effect anything however the fingerprints and photos will need to be sent to us. Once we get closer to the July date we will update all of our customers with any changes that need to be made. We are working hard to streamline the process and continue to make Silencer Shop the easiest place to purchase.

  5. Pod says:

    Several state constitutions prohibit the collection of data to form a registry of firearms. With CLEO notification, suddenly local police departments will have a pretty good picture of who in their community has high-value firearms, as most NFA items are wont to be. In your guys’ mind, do you see the notification clause being challenged? Or will it fall under the usual exception of “well, they are NFA items so registry prohibitions don’t apply…”

    • jeremy@silencershop.com says:

      This is a question that hasn’t been addressed yet by the ATF. As we get more information then we will update everyone. Thanks for the tip on this one.

  6. dayoff says:

    I just bought a suppressor that will be on form 3 to my FFL. With the surge in sales I imagine form 3 and form 4 processing will take longer. My question is can the current paper forms be used until July 13th to circumvent the need for prints/photos or if the new forms are pubished before July 13th would all applications need to be on the new ATF forms. I would quess that if the submitted forms are postmarked before July13th would I just omit the prints/photo. Thanks

    • jeremy@silencershop.com says:

      The new forms will take effect on July 13th. So up until that point everything is the same as it has been as far as forms and paperwork is concerned.

  7. Roy says:

    Thank you for keeping us updated. I have multiple purchases from you going through the process as well as a few ATF form 1’s submitted for new sbr’s. I only hope the new rules will not affect the “powered by Silencer Shop” sales, as this reduces the wait time by a couple weeks. Thank you . There is no easier or more cost effective way to purchase a silencer than through Silencer Shop.

  8. TEX says:

    I got my NFA Trust in 2010 ! I have 2 SBR’s and 2 Silencers. I’m going to get one more suppressor before 6-13-2016. There is no way in hell I will send the ATF/FBI fingerprints,passport photos,etc.to add something else to my Trust after 6-13-2016.

  9. Shawn says:

    What is up with the Transferee Necessity Statement? Does anyone see this being a problem in the future? IS the ATF going to take “ALL LAWFUL PURPOSES” as an answer?

    • jeremy@silencershop.com says:

      No that is the same thing as on the current Form 4. They just changed the wording on the new form. We will keep you updated if anything changes.

  10. Jason says:

    “After talking to the NFA Branch, it sounds like we’ll be able to get Powered By Silencer Shop orders submitted without any issues right up to the beginning of July ”

    For out of state, Is that Form 4’s only or does that include the Form 3’s?

    • jeremy@silencershop.com says:

      More information to come on this but right now if you order before the 1st of July then you will be submitted under the old rules. Assuming that you purchase the tax stamp and give us all of your trust docs etc. by that time.

  11. Magdalene Hamlett says:

    Great Article. ideas , I am thankful for the information – Does anyone know if my business might be able to find a fillable template form version to edit ?

  12. Pete Blizzard says:

    Jeremy, just to be clear. As best you understand the path forward, If I purchase my silencer through SilencerShop and you submit the Form 3 (say July 1st), what happens when you submit the Form 4 in August?

    You have managed 3 other silencers for me in the past….Thank you for the excellent service!

    • jeremy@silencershop.com says:

      If you purchase on or before July 6th then we will submit the form 4 on July 8th to beat the deadline. After July 13th the process will change completely. Stay tuned for more details on that once we get everything finalized.

  13. Chris says:

    There’s a general consensus amongst my peers that many of us are making our last dig into NFA items before the new rule goes into effect, including myself. Is there cause for concern amongst industry partners that there well be less incentive to create new ans further innovative products to introduce to the market?

    • jeremy@silencershop.com says:

      No there isn’t. The demand will still be there. With our new kiosks it will make purchasing just as easy as it is now.

  14. Noah says:

    Hi Jeremy,
    First let me say great article well done.
    I’ve owned a NFA firearm(w/ Tax stamp) for 20+ yrs and have just gotten a Gun Trust for it in May. My question is, Do I have to notify the ATF and/or resubmit a Form 4 with my Gun Trust name, address, etc? Thanks in advance for your help.

    • jeremy@silencershop.com says:

      If you want to transfer your NFA items to the trust then you do need to file a new form 4 for each item. Hopefully that answers your question, if not let me know.

  15. Bravo 66 says:

    About 2 years ago I got a trust for my first NFA item , as I understand this after July 13 if i want to buy another one and add to my trust then i need to submit all trustees finger prints and photos to ATF ?

    Your shop has always been top notch you made my first purchase so easy I was wondering what the big deal was for all my friends saying what a pain it was ,told them they should have gone to your place.

    • jeremy@silencershop.com says:

      That is correct, after the 13th you will be required to submit fingerprints and photos for each of the trustees.

  16. As one who has not yet gotten into the NFA world, does this new infringement going into effect in 2 days have an impact upon actually creating the NFA trust in the first place? Can that be done now without actually starting the paperwork to purchase a suppressor yet?

    Thank you,

    Keith

  17. Dan Shephard says:

    After the 41F goes into effect, if making multiple SBR submissions at once, does that mean multiple sets of (2) finger print cards, and passport photos for each form 1 submission? Even if made at the same time?

    • jeremy@silencershop.com says:

      You are correct. Each form will be two sets of everything but the trust. Regardless of if they are submitted at the same time. However if you use Silencer Shop we handle all of that for you. So you don’t have to work about the paperwork.

    • Dave says:

      I just want to clarify that if you submit 2 SBRs at the same time, you still only need 2 fingerprint cards.

      You always need duplicate copies of the ATF forms, but everything else can be combined – for example: 1 check for $400, 1 copy of the trust, 2 fingerprint cards

  18. Jonathan Kizer says:

    Has anyone addressed how the ATF will handle errors on paperwork submitted before July 13th but returned as not approved after July 13th? Will the corrections be subject to the old or new requirements?

    • jeremy@silencershop.com says:

      From what we have gathered eForm errors require you to start over on paper. Paper errors will still be able to be corrected. This could change but this is what we are currently seeing.

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