41F states that these responsible persons will need to submit fingerprints and photographs along with entity documentation when submitting an application for making or transfer of an NFA item. Some have expressed concern that 41F indicates that fingerprints must be done by an "official." We have spoken with ATF and they assure us that there are no new requirements for fingerprints and who must "create" the fingerprint cards and will clarify that in writing. Some have expressed concern that it will be onerous to submit, entity documents fingerprints and photographs for all responsible persons every time an application is made. 41F provides that if a new application is made within 24 months of an approved submission for the same entity, a simple certification of no change will suffice, however, fingerprints and photographs will still be required for each responsible person with each application.

Many people are expressing rightful concern that ATF's NFA Branch is going to be deluged with applications seeking to get filed before the new rule goes into effect. NFATCA and ATF expect this to be true. NFA Branch has dramatically increased its processing efficiency in the past year through process and staffing. ATF senior management has promised to secure additional increased in resources from what the White House has committed in recent announcements in order to address the anticipated increased workload. ATF's senior management has also acknowledged that they will need to enhance or upgrade the current eForms system in order to deal with the 41F requirements when they go into effect. ATF was working towards this goal even before 41P was finalized. The workload will always increase and the infrastructure must improve in order to handle that workload. NFA Branch is absolutely working toward making the needed improvements a reality.

Important points to be aware of:



  • The new rule will go into effect approximately 180 days after publication in the Federal Register. This would make an effective date of approximately July 4th if publication happens soon.
  • The new rule will not be retroactive to existing entities, applications in progress, and applications post marked before the effective date.
  • The new rule will affect new and existing entities when making application after the effective date.
  • The new rule does place an additional burden on entities in order to foreclose the possibility of prohibited persons gaining access to NFA items. The burden of identification and background checking, at least once, is the same burden that an individual applicant shoulder with each application.
  • The new rule eliminates the CLEO signature approval requirement for everyone.
  • The new rule requires CLEO notification (with a copy of the application).
  • Entity ownership benefits have not been lost, save for the ability for responsible persons to remain anonymous in the NFA ownership process.


The NFATCA believes that the elimination of the CLEO signature approval requirement for everyone will increase NFA ownership opportunities for everyone in states that allow NFA ownership. Even states such as Texas, with its legendary firearms culture, had metropolitan areas where CLEOs simply would not sign. Those days are over. Now, all eligible persons can lawfully acquire NFA items as an individual or an entity, at their discretion. We expect there to be some clarification, explanation and amplification of various parts of 41F as we move toward the effective date. We will try to keep all informed of the happening as quickly as possible.