ATF is pleased to announce the availability of revised ATF Form 1, Application to Make and Register a Firearm, and ATF Form 5, Application for Tax Exempt Transfer and Registration of Firearm. The ATF Form 1 has been revised to allow the payment of the making tax by use of…
Articles Posted in ATF / BATFE
What to do if the ATF rejects your Gun Trust Application to build a Machine Gun
You need to timely dispute the ATF denial. ATF is denying these applications under 922 (O) (1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun. But if you read the section 922 (O) (2) (A), the exception, states that:…
ATF form 5 and Form 9 returning in September 2014
ATF is pleased to announce the return of the following eForms to active service: ATF Form 5 on 8/27/2014, ATF Form 9 on 9/2/2014, and ATF Form 5300.11 (AFMER) on 9/5/2014. Please note that at this time no date has been determined for the return of the ATF Forms 3…
What to do if your ATF eForm is rejected.
One of the benefits in using a Gun Trust is that you are able to submit electronic applications with the new ATF website. This is possible because a Gun Trust does not require a CLEO signature nor fingerprints. Currently only Form1s can be submitted electronically, but Form 4s should be…
ATF eForms Approval for Gun Trust in only 1 Day
One of our clients submitted an application to build a Form 1 on June 24, 2014 and was surprised when they checked their email the next morning and found that the ATF had approved the application to build the SBR. When I first received the call, I thought it was…
ATF eForms adds Form 1 for Gun Trusts and time to process applications reduced.
Today I received an announcement and verified that you can now process Form 1s online again. For those with a Gun Trust, you can now process these electronically again. Still no word on when Form 4s will be available to process online. There are currently 15 legal examiners in the…
Supreme Court Decision on “Straw Purchases” Does Not Make Firearms Gift Purchases Illegal
Last week, the U.S. Supreme Court ruled in a case involving a Virginia man who could legally purchase a firearm and did so for an uncle from Pennsylvania. Even though the Pennsylvania man who ultimately bought the gun was not legally prohibited from owning a firearm and passed a background…
ATF Updates 41P Final Action Date: No Changes for Gun Trusts Before 2015
Late in 2013, the ATF published a notice that they intended to seek to revise the regulations regarding the documentation that is required for a Gun Trust and for a business. After the ATF received more than 9500 comments on the proposed changes, the ATF had originally announced that a…
Did ATF Accidentally Open the Machine Gun Registry for Gun Trusts
Based on the ATF letter requiring NICS checks for Trusts, the ATF may have accidentally opened the registry for new Machine Guns when registered in the name of a trust which is not a person under the GCA. The Prince Law Blog quotes the same letter I wrote about a…
Does a Trust need a NICS check under the NFA and GCA?
One of the most common questions Class 3 SOT Dealers ask has finally been addressed by the ATF and should help clear the inconsistent answers given by local ATF offices. Is a NICS check required when a Gun Trust is used to purchase firearms that are subject to the NFA?…