NFA Gun Trust Lawyer Blog
Another huge benefit of using a properly designed gun trust is that you can maintain your privacy. While NICS checks are being done in most cases on NFA firearms, they are only being done on the person who is involved with the transaction in much the same way as they are with a Corporation or LLC. A properly prepared Gun Trust will not allow a prohibited person to be a valid trustee of the trust and any actions they take are void as if they never took place.
Still there are many people that are very concerned about their privacy and do not want their finger prints or photos sent along with a Form 4 or Form 1 application. A gun trust can be structured in such a way as to allow for the complete privacy of those who would otherwise be hesitant to purchase Title II firearms because of a loss of privacy that some believe attached with such transactions.
(NOTE – A GUN TRUST SHOULD NEVER BE USED BY A PROHIBITED PERSON, AND OUR GUN TRUST CAN NOT BE USED TO MAKE A PROHIBITED PERSON A TRUSTEE)
Now the FBI has started to gather additional information on some NICS checks. While this is only in some cases at this point, there is no reason they could not start to collect the information in all transactions in the future.
As of May 5th, it appears that if you are denied for a NICS check, the FBI will request additional information on yourself from the gun store or FFL.
They are requesting the following information:
1 The denied individual’s address 2 Whether the transaction was conducted at a gun show?
3 If the transaction was at a gun show, they want the city and state where the gun show took place.
The NICS Section has deployed a website for customers wishing to appeal a denied transaction or submit a VAF application on a delayed transaction. Previous appeal e-mail addresses–nicsappeals@leo.gov and nicsapps@leo.gov–will no longer be accepting appeal requests. All electronically submitted appeal requests must be made through the NICS Appeal website at http://www.fbi.gov/nics. The NICS appellant or VAF applicant will need to follow the step-by-step instructions on how to submit an appeal or VAF request. An Appeal or VAF Request Form must be completed with all mandatory fields filled in prior to being able to print or electronically submit the request.
In the same update the NICS section also reminded FFL’s that if they move, they need to update two agencies ATF licensing at 866-662-2750 and the NICS Section’s Customer Service at 877-FBI-NICS (option 2).