View Full Version : With an NFA trust, is anyone actually investigated?

February 11, 2013, 12:34 PM
Is there any kind of a background investigation performed when you use a "gun trust" to obtain an NFA item? If so, who is investigated? Is it just the grantor? Or the trustees as well? How about the beneficiaries?

Tom Servo
February 11, 2013, 02:37 PM
The Form 4 should be submitted with supporting documentation that the trust is legitimate. They'll check that.

Upon approval, the actual person picking up the firearm from a dealer will usually be subject to a NICS check. This is something of a gray area. According to the NFA handbook:

9.12.1 NFA Transfers to other than individuals. Subsequent to the approval of an application requesting to transfer an NFA firearm to, or on behalf of, a partnership, company, association, trust, estate, or corporation, the authorized person picking up the firearm on behalf of, a partnership, company, association, trust, estate, or corporation from the FFL must complete the Form 4473 with his/her personal information and undergo a NICS check. [p.76]

However, the instructions on the 4473 state that no NICS check is required, and there's no reference to this in the GCA. Nonetheless, most dealers will perform one.

February 13, 2013, 08:11 PM
That's really interesting info, Tom. When picking up my first Form 4 I was totally shocked that they wanted me to fill out a 4473 after waiting six months. But the dealer was pretty adamant that it had to be done.

There was no real reason for me to complain since I steer clear of criminal activities, and I haven't even questioned it with forms received since. But.. I've got a F4 that *should* be arriving in the next few days- maybe I'll ask the question again.

February 15, 2013, 06:52 PM
Turns out that F4 came today. When I went to pick it up I asked, dealer resisted, and I found the block (22 or 23 I believe) that says NFA items exempt from NCIS check. Then the guy flipped to the back and the instructions for that question said that the NICS check can be skipped if proper documentation can be provided by some US code.

Frustrating, but it's good info to know. Next time, I'll have looked it up before going in.