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Rifles, Reloading, Optics, Equipment
Suppressors
Loaning a suppressor on private property?
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<blockquote data-quote="KY_Windage" data-source="post: 1788474" data-attributes="member: 108082"><p>This is a confusing area, but I am pretty sure you are wrong there. You definitely have to file the application with ATF and get the background check for anyone you PLAN to have as a trustee or other "responsible person," and you have to do it with the initial transfer application, because you cannot submit people to ATF for approval in any way except with an application for transfer.</p><p></p><p>However, ATF on its "FAQ" page plainly states that responsible persons may still be added to a trust, etc., without a background check, as was done before the law change, and it is not simply an out-of-date web-page because they also discuss the new changes.</p><p></p><p>As I said, it is confusing but to me the logical reconciliation of these apparently contradictory statements by AFT is that is you may add someone after the transfer has been approved, meaning without a background check, provided you did not plan on or anticipate adding them at any time before the transfer was approved, and they otherwise qualify (not a felon, etc.). However, I would advise against engaging in "close calls." I would not add anyone shortly after I got the stamp, and I would not add a member of my immediate family unless they were a minor who had turned 21 after the transfer approval. I would not write anyone in later who I had even talked to about sharing possession with.</p><p></p><p>If ATF thinks you anticipated adding someone (other than a minor) at the time of application for transfer but you did not have them file for a background check, you may be spending your net worth on a criminal defense attorney. And you may be going to prison anyway.</p><p></p><p></p><p>The purpose of 41F seems to have been to criminalize subterfuges -- where someone who can pass a background check obtains a device through a trust and then writes in his buddy or relative who cannot pass a background check. But remember, just because the person you are writing in could pass a background check does not mean you get a pass if you write them in later. The new law requires that all <em>known</em> responsible persons submit applications and get background checks at the time of the transfer application, period.</p><p></p><p>It does not appear to outlaw the writing in, after transfer, of people you did not anticipate making a responsible person at any time before approval of the transfer.</p><p></p><p>HTH</p></blockquote><p></p>
[QUOTE="KY_Windage, post: 1788474, member: 108082"] This is a confusing area, but I am pretty sure you are wrong there. You definitely have to file the application with ATF and get the background check for anyone you PLAN to have as a trustee or other "responsible person," and you have to do it with the initial transfer application, because you cannot submit people to ATF for approval in any way except with an application for transfer. However, ATF on its "FAQ" page plainly states that responsible persons may still be added to a trust, etc., without a background check, as was done before the law change, and it is not simply an out-of-date web-page because they also discuss the new changes. As I said, it is confusing but to me the logical reconciliation of these apparently contradictory statements by AFT is that is you may add someone after the transfer has been approved, meaning without a background check, provided you did not plan on or anticipate adding them at any time before the transfer was approved, and they otherwise qualify (not a felon, etc.). However, I would advise against engaging in "close calls." I would not add anyone shortly after I got the stamp, and I would not add a member of my immediate family unless they were a minor who had turned 21 after the transfer approval. I would not write anyone in later who I had even talked to about sharing possession with. If ATF thinks you anticipated adding someone (other than a minor) at the time of application for transfer but you did not have them file for a background check, you may be spending your net worth on a criminal defense attorney. And you may be going to prison anyway. The purpose of 41F seems to have been to criminalize subterfuges -- where someone who can pass a background check obtains a device through a trust and then writes in his buddy or relative who cannot pass a background check. But remember, just because the person you are writing in could pass a background check does not mean you get a pass if you write them in later. The new law requires that all [I]known[/I] responsible persons submit applications and get background checks at the time of the transfer application, period. It does not appear to outlaw the writing in, after transfer, of people you did not anticipate making a responsible person at any time before approval of the transfer. HTH [/QUOTE]
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Loaning a suppressor on private property?
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