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Suppressors Background check for NFA items

John L

Sergeant
Full Member
Minuteman
Apr 19, 2010
350
67
59
MI
Just curious as to what ATF is looking for when wanting to purchase an NFA firearm/supressor versus a standard firearm? Anybody really know why the process can't be as fast as a NICS check.
 
Re: Background check for NFA items

The actual check is very quick as it just a normal federal background check. What takes so long is the amount of NFA items that needs transferred opposed to the amount of inspectors. The majority of time is spent sitting in a stack of forms awaiting the background check.
 
Re: Background check for NFA items

Yup, once your papers are on top of the pile, the turnaround is very fast.

Example; after waiting 4 months, ATF informed me I made a minor mistake when I submitted my paperwork so the packet got sent back to me to correct the issue. I made the correction and sent it back the next day. I had my stamp within the following week.

The wait to get through the entire pile of people ahead of you is the part that sucks.
 
Re: Background check for NFA items

hmm, so really, it would be the same thing if you paid the stamp at the time of purchase and did the same background check? i thought that it was something other than paperwork...interesting and depressing at the same time.
 
Re: Background check for NFA items

I've also heard the finger print cards going to the FBI takes a considerable amount of time. I don't know this for a fact, just what I've been told.
 
Re: Background check for NFA items

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TypeR632</div><div class="ubbcode-body">I've also heard the finger print cards going to the FBI takes a considerable amount of time. I don't know this for a fact, just what I've been told. </div></div>

Possibly, but forms done in the name of LLCs and trusts, that don't require finger prints, take roughly the same amount of time. I would venture to say the finger print cards may get sent off to whomever when the forms first goes pending. Just an educated guess, but I don't think it adds any time.

When my form 4s arrive at my dealers that are done in the name of my LLC, I have to complete form 4473 and pass the NICS background check which always comes back delayed and I have to wait another 3-5 days to pick up my suppressor.
 
Re: Background check for NFA items

If your dealer is doing a NICS check on you when you pick up a suppressor he is not doing it correctly. Ask him, or pay attention next time what he tells them the type of firearm is, because silencer is not one of the three types, and he is lying to the FBI.

You fill out the 4473 as usual, but the NICS check should not be called in when you pick up silencer. Box number 22 "No NICS check was required because the transfer involved only NFA firearm(s)." should be checked and you should be on your way.
 
Re: Background check for NFA items

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jonaddis84</div><div class="ubbcode-body">If your dealer is doing a NICS check on you when you pick up a suppressor he is not doing it correctly. Ask him, or pay attention next time what he tells them the type of firearm is, because silencer is not one of the three types, and he is lying to the FBI.

You fill out the 4473 as usual, but the NICS check should not be called in when you pick up silencer. Box number 22 "No NICS check was required because the transfer involved only NFA firearm(s)." should be checked and you should be on your way.</div></div>

Thanks, I will look into that whenever I get the call.
 
Re: Background check for NFA items

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jakhamr81</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TypeR632</div><div class="ubbcode-body">I've also heard the finger print cards going to the FBI takes a considerable amount of time. I don't know this for a fact, just what I've been told. </div></div>

Possibly, but forms done in the name of LLCs and trusts, that don't require finger prints, take roughly the same amount of time. I would venture to say the finger print cards may get sent off to whomever when the forms first goes pending. Just an educated guess, but I don't think it adds any time.

When my form 4s arrive at my dealers that are done in the name of my LLC, I have to complete form 4473 and pass the NICS background check which always comes back delayed and I have to wait another 3-5 days to pick up my suppressor.

</div></div>

Jakhamr81 -

I'm in texas and considering trying to pick up a can. Can you explain the benefits of the trust approach, or point me to any resource you happen to know of? Is that (trust) something thats only commmon in certain states? THanks.
 
Re: Background check for NFA items

Trust allows you to avoid the step of finding a chief law enforcement officer to sign off on the Form 4 and also avoid the fingerprints. Other than that there are no differences. Used to be quicker to do trust but not anymore.
 
Re: Background check for NFA items

Also, a trust/ LLC allows you to pass on all of your NFA items in that trust to anyone of your choosing without them having to pay a $200 tax per item.
 
Re: Background check for NFA items

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jakhamr81</div><div class="ubbcode-body">Also, a trust/ LLC allows you to pass on all of your NFA items in that trust to anyone of your choosing without them having to pay a $200 tax per item. </div></div>

The $200 tax is NOT required when an item is inherited, whether in a trust or not.

http://www.atf.gov/press/releases/1999/09/090599-openletter-nfa-estate-transfers.html

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">The firearms may be transferred on a tax-exempt basis to a lawful heir. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm, for a tax-exempt transfer to a lawful heir. A lawful heir is anyone named in the decedent’s will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. NFA firearms may be transferred directly interstate to a beneficiary of the estate. When a firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany the transfer application. However, if any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application.</div></div>
 
Re: Background check for NFA items

...and you can appoint a co-trustee(s) that can legally hold, and or utilize, the item if necessary. This is handy if you move often from state to state (like us military folk) and you are assigned to a state that is not NFA friendly. Items (after form 3 notifying the ATF) are sent to the co-trustee for keeping/use until you're in a position to take possession again.
 
Re: Background check for NFA items

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jonaddis84</div><div class="ubbcode-body">Trust allows you to avoid the step of finding a chief law enforcement officer to sign off on the Form 4 and also avoid the fingerprints. Other than that there are no differences. Used to be quicker to do trust but not anymore. </div></div>

And no photos required. I wished I had figured out about the trust route on suppressor #1 rather than #5.
 
Re: Background check for NFA items

you guys have a link to information on the trust? Is it a sort of self-help if you will or is it something I need to take up with an attorney to do?
 
Re: Background check for NFA items

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Raider1v1</div><div class="ubbcode-body">hmm, so really, it would be the same thing if you paid the stamp at the time of purchase and did the same background check? i thought that it was something other than paperwork...interesting and depressing at the same time. </div></div>

From what I have been told by some, the BG check for NFA is about the same as when you first enter the military, or any govt job.