Who is a Responsible Person?
On July 13, 2016, ATF Final Rule 41F went into effect. ATF Rule 41F requires all Responsible Persons to submit background information every time they buy or build a Silencer, SBR, or other NFA firearm.
The required background documentation includes a Background Questionnaire, Passport style photograph, and 2 FBI FD-258 Fingerprint Cards. Additionally, a copy of the Background Questionnaire must be sent to the Chief Law Enforcement Officer (CLEO)
So… who is a “Responsible Person?”
A Responsible Person is anyone that can legally exercise control over the Silencer, SBR, or other NFA firearm listed on the Form 1 or 4 Application.
Individual Applicants
If you are submitting your Form 1 or Form 4 Application as an individual, you are the only Responsible Person (you are the only person that can legally possess the NFA firearm). Individual applicants complete their Background Questionnaire by answering the questions on the Form 1 or Form 4 Application.
Gun Trust Applicants
In a Trust Shop Gun Trust the Responsible People are the Settlor (person that created the Gun Trust), and additional Trustees. The Successor Trustee and the Beneficiary of a Gun Trust from the Trust Shop, are not “Responsible People.”
Sometimes Gun Trusts from other places use different names for the people involved with the trust. Some of the more commonly used names are: Settlor, Grantor, Creator, Maker, Trustee, Co-Trustee, Partner, Agent, Member, Officer, Board member, and Director.
Gun Trust applicants complete their Background Questionnaire by answering the questions on the National Firearms Act Responsible Person Questionnaire (Form 23).
Business Applicants
Business applicants also complete their Background Questionnaire by answering the questions on the Form 23, but figuring out who the Responsible Persons are in a business gets really tricky. It’s not because the definition of a “Responsible Person” is different for businesses, but rather because the Business Organization documents don’t specifically state who the Responsible Persons are. This can lead to major problems… Like the felony kind of problems.
Here is an example:
Let’s say John Smith has a Corporation (inc.) where he is the President, Jane Smith (his wife) is the Vice-President, and his kids (Jack & Judy) are Beneficiaries. John buys a Silencer in his company name and lists himself and Jane as the Responsible Persons on his Form 4 Application. A few months later John Receives his Tax Stamp and picks up his Silencer from the store.
2 years later during their divorce proceedings, the judge notices that the Corporation owns a Silencer and asks to see a copy of the Tax Stamp. The judge asks why Jack Smith & Judy Smith aren’t listed on the Tax Stamp and John explains that Jack & Judy are children and only beneficiaries of the Corporation.
While being handcuffed, John asks “what the heck is going on?” The ATF Agent explains that the Corporation documents give Beneficiaries control over corporation assets, which means you committed perjury and violated Title 18, United States Code, Chapter 44.
This is an extreme scenario used to demonstrate a simple truth: Never, ever, buy or build NFA firearms in the name of your company.
Responsible Persons in a Nutshell
The important thing to remember is that it doesn’t matter what title a person has, but rather how much authority, power, and control they have. If a Gun Trust or Business Organization gives a person control, then that person is a “Responsible Person.” Likewise, just because a person has a title like Co-Trustee, Partner, President, Agent, etc., that doesn’t necessarily make them “Responsible Persons.”
Get your NFA Gun Trust Now
