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Everything you
wanted to
know about
NFA firearms
NFA FIREARMS & GUN
TRUSTS
INTRODUCTION
Steck Law
I. THE NATIONAL FIREARMS ACT
A. HISTORICAL BACKGROUND
Enacted in 1934
Combat the flow of “Gangster Firearms”
Restrictions on:
Manufacture
Ownership
Transfer
B. APPLICABLE FIREARMS
Machine Guns
Short Barrel Rifle
Short Barrel Shotguns
AOWs and Destructive Devices
C. LEGISLATIVE EVOLUTION
May 19, 1986 - Transferable Machine Guns
D. LAWFUL OWNERSHIP
Individual
Most lengthy
CLEO, fingerprint and photo
Restricted possession
Corporation
Some flexibility
Most expensive
No estate planning
Trust
Multi-Person Access
No CLEO
Estate Planning
 Components to a trust
 Parties
 Trustor / Settlor / Grantor
 Trustee
 Beneficiary
 Essential Elements
 Address
 Property (Schedule A)
E. NFA TRUST PARTIES
 The process:
 ATF investigators review to check that trust doesn’t appear to violate
state law
 ATF approval of NFA trust does not mean a trust is valid under state
law
 No trust registration – only upon application is trust reviewed
 Control of NFA applications (gun shop or customer mailing)
F. ATF TRUST REVIEW
II. ATF PROPOSED CHANGES
27 CFR Part 479
Responsible Persons
Background Checks
Chief Law Enforcement Signature
 Form 1 – Non-licensee manufacture of NFA firearm
 Form 2 – Manufacture of NFA firearm
 Form 3 – Tax Exempt Transfer
 Form 4 – Tax Paid Transfer
 Form 5 – Tax Exempt Transfer – Lawful Heir
III. NFA SPECIFIC FORMS
 Thank you!
QUESTIONS?

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National Firearms Act (NFA) | everything you ever wanted to know about lawful ownership including gun trusts

  • 1. Everything you wanted to know about NFA firearms NFA FIREARMS & GUN TRUSTS
  • 3. I. THE NATIONAL FIREARMS ACT
  • 4. A. HISTORICAL BACKGROUND Enacted in 1934 Combat the flow of “Gangster Firearms” Restrictions on: Manufacture Ownership Transfer
  • 5. B. APPLICABLE FIREARMS Machine Guns Short Barrel Rifle Short Barrel Shotguns AOWs and Destructive Devices
  • 6. C. LEGISLATIVE EVOLUTION May 19, 1986 - Transferable Machine Guns
  • 7. D. LAWFUL OWNERSHIP Individual Most lengthy CLEO, fingerprint and photo Restricted possession Corporation Some flexibility Most expensive No estate planning Trust Multi-Person Access No CLEO Estate Planning
  • 8.  Components to a trust  Parties  Trustor / Settlor / Grantor  Trustee  Beneficiary  Essential Elements  Address  Property (Schedule A) E. NFA TRUST PARTIES
  • 9.  The process:  ATF investigators review to check that trust doesn’t appear to violate state law  ATF approval of NFA trust does not mean a trust is valid under state law  No trust registration – only upon application is trust reviewed  Control of NFA applications (gun shop or customer mailing) F. ATF TRUST REVIEW
  • 10. II. ATF PROPOSED CHANGES 27 CFR Part 479 Responsible Persons Background Checks Chief Law Enforcement Signature
  • 11.  Form 1 – Non-licensee manufacture of NFA firearm  Form 2 – Manufacture of NFA firearm  Form 3 – Tax Exempt Transfer  Form 4 – Tax Paid Transfer  Form 5 – Tax Exempt Transfer – Lawful Heir III. NFA SPECIFIC FORMS