What the ATF 41P Changes Mean for Gun Owners
Since the final language for ATF 41P was posted late last evening, many enthusiasts have been asking how the changes will impact NFA firearm acquisitions moving forward. In order to bring some clarity to the issue and considering that the final text is nearly 250 pages long, I have summarized the main changes below.
- The rule will take effect in approximately 180 days (depending on the timeline for the final rule’s submission to the federal register).
- Responsible persons in a legal entity are to be defined as anyone who has the power and authority to direct management of the entity as it pertains to firearms. This essentially means the grantor, trustees, and (in some cases) co-trustees are responsible persons, but not beneficiaries or successor trustees.
- Chief law enforcement officer (CLEO) certification has been eliminated in favor of CLEO notification. This is similar to the current C&R FFL 03 process. Previously, individuals (not legal entities such as trusts or corporations) needed approval from a CLEO in their area. This certification requirement has been eliminated for individuals and will not be extended to trusts as the original proposal had planned to do. CLEO notification is required for both individuals and legal entities.
- Passport photos and fingerprints are now required for all responsible persons when a legal entity applies for NFA items. This new requirement mirrors the existing process for individual acquisitions.
If a legal entity submits another application(s) within 24 months of a prior approval and no changes have been made to the entity, the secondary application(s) does not require fingerprints or photos for responsible persons. The applying entity must certify that no changes have been made and must refer to the previous approval’s control number. CLEO notification by responsible persons is still required. Essentially, if an entity is never amended and it makes purchases more often than every two years, photos and fingerprints may only be necessary on the first submission.Update: Representatives from Silencer Shop have met with the ATF and have found that the above is incorrect. The 24-month exemption applies only to trust/corporate documents. Photos and fingerprints must be submitted every time.- Enforcement will NOT be retroactive. The new rule will not apply to previous approvals or those submitted within the next 180 days.
There is no word at this point on the rule’s impact on NFA E-Forms. Since the secondary acquisitions outlined in point 5 will not require photos and fingerprints, applications by previously approved legal entities could theoretically still use E-Forms. This will depend on the ATF’s willingness to facilitate such a process.Update: See the update posted above.
Hopefully, this clarifies the issue for some people. As a whole, gun owners did an excellent job of responding to the 41P threat and were able to ward off some of the most nefarious pieces of the proposal. In some places where legal entities have never been an option (Illinois, for example), this new rule will open NFA ownership to a new set of enthusiasts. While this may not be a total victory, it is a positive result when put into perspective.
The full rule can be found here: https://www.atf.gov/file/100896/download
An information security professional by day and gun blogger by night, Nathan started his firearms journey at 16 years old as a collector of C&R rifles. These days, you’re likely to find him shooting something a bit more modern – and usually equipped with a suppressor – but his passion for firearms with military heritage has never waned. Over the last five years, Nathan has written about a variety of firearms topics, including Second Amendment politics and gun and gear reviews. When he isn’t shooting or writing, Nathan nerds out over computers, 3D printing, and Star Wars.