NFALawyers Initial Review of 41P

[gober13]

The notifying is what I'm curious of. Does a phone call count? Letter? Post it in the paper like a divorce?

thats what im wondering also

 

[z.chance]

This is why I have one of your trusts. A+ to heavyd

 

[gober13]

It is just like when you get an FFL. You send written notice to the CLEO that you are applying for a NFA item. The CLEO in your area opens the letter and throws it in the trash because at the end of the day, they don't give a crap.

So you dont need proof of it being sent? Or a letter stating they received it?

 

[WC1911guy]

It is just like when you get an FFL. You send written notice to the CLEO that you are applying for a NFA item. The CLEO in your area opens the letter and throws it in the trash because at the end of the day, they don't give a crap.

Or maybe it goes in a file that they keep so they can track who has what locally.

 

[nitrousfedlx]

Or maybe it goes in a file that they keep so they can track who has what locally.

LOL!

 

[N Cochran]

Just to answer the question that everyone has asked about how to provide notice to your local CLEO, here is how the final ruling of the ATF on this issue addresses the situation:

Notification of chief law enforcement officer. Prior to the submission of the application to the Director, all applicants and responsible persons shall forward a completed copy of Form [1 or 4] or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant or responsible person is located. The chief law enforcement officer is the local chief of police, county sheriff, head of the State police, or State or local district attorney or prosecutor. If the applicant is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, or corporation, for purposes of this section, it is considered located at its principal office or principal place of business; if a trust, for purposes of this section, it is considered located at the primary location at which the firearm will be maintained.

I would recommend that these notifications be sent by certified mail.


If you need a firearms trust please take a look at: www.georgianfa.com

We were the first to provide online attorney backed trusts in Georgia and here on the ODT.

 

[nitrousfedlx]

Do we have to wait for confirmation before filing that the Cleo received it? Also will we still be able to efile or is that impossible after July?

 

[sniper22]

You have till July to come up with $200 and a lower!

I have a lower....

 

[albatros43]

Responsible persons are:

1) Persons with the power or authority to direct the management and policies of the trust;

AND,

2) Have the power or authority to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for the trust.

It appears as though responsible persons are those who meet both elements. If an individual does not meet both of these elements, they are not responsible persons. Thus, the 41P requirements would not apply to that individual.

I didn't really see an "and" in the paragraph you referenced. It would appear to me that all trustees (those who can possess) would fall under this.

 

[HydroAuto]

I didn't really see an "and" in the paragraph you referenced. It would appear to me that all trustees (those who can possess) would fall under this.

That's kind of my question too, see here, except I see the AND as well as an OR than I think re-introduces the co-trustees to the requirements.