Braintrust,

Pardon if this has been well covered in another thread. I did do a search, but did not find anything recent. And found a couple YouTube videos but thought you might have better recommended tutorials.

I have a trust, but have never done an electronic Form 1 before. A couple questions:
- If you have a trust, you do not have to do photo or fingerprints? Is that correct and up to date?
- Do you recommend using Silencer Shop’s service, or is it just as easy to create an ATF account and do it oneself?

I am in Maryland, where SBR’s must be 29”, but otherwise I don’t think MD is any different (except we deserve more sympathy).

Thanks very much for the patience and help.

Scott

Photos, fingerprints, and responsible persons questionnaires (RPQ) must be submitted for each RP on your trust. There is no value in having SS do a Form 1 for you that I’m aware of. It’s simple to just get an eforms account and do it yourself. I think you’ll need an eforms account anyway since you’ll have to certify it.

However, in my understanding, the braced pistol had to have been registered on your trust prior to Jan 31.

quote:

Originally posted by Dwill104:
Photos, fingerprints, and responsible persons questionnaires (RPQ) must be submitted for each RP on your trust. There is no value in having SS do a Form 1 for you that I’m aware of. It’s simple to just get an eforms account and do it yourself. I think you’ll need an eforms account anyway since you’ll have to certify it.


However, in my understanding, the braced pistol had to have been registered on your trust prior to Jan 31.

Ah. Thank you.
I haven’t bought a class III item for a while. So in the past you didn’t need photo or fingerprints, but now you have to have them on file with your trust?
And your last point is why I have heard people are not using their trusts?
Been out of the loop it appears. Appreciate it.

quote:

Originally posted by Dwill104:

However, in my understanding, the braced pistol had to have been registered on your trust prior to Jan 31.

This is correct.

You didn't need a photo or fingerprints in the past because the trust owned the item.

'on file' is maybe not the right wording. You have to include the trust documents, photos and fingerprints in the eform1 (on fingerprints you can also send paper ones separately). To me the simple way of looking at what you need to do is to just get an eforms account (you need it no matter what) and then build up the form1 you want. Its very straight forward and its all a draft item and you can edit amend etc. to your hearts content till you certify it.

Much appreciated.

Email in profile. Will pass on the info I have gathered from other websites.

quote:

Originally posted by walker77:

quote:

Originally posted by Dwill104:

However, in my understanding, the braced pistol had to have been registered on your trust prior to Jan 31.

This is correct.

You didn't need a photo or fingerprints in the past because the trust owned the item.

this is correct - ATF Link

ATF 41F has been in effect since I think 2016. So its not a recent change. The issue on braces is when the gun went into the trust. So you can't do it after the fact.

As hrcjon stated - fill out Form 1 online. Prints and photo of yourself must be mailed within 10 days of acceptance.
My opinion would be to proceed as an individual- not as a Trust. Form 1 is intent to make an SBR. Form 4 is approved registration of SBR with a tax stamp generated.

I don't fully get that comment. Its either in the trust or its not on the effective date of the rule. If its not you have to do it as an individual. If it is you have to do it via the trust. In either case its a Form 1.

In the past couple years, I've done some SBRs, and not any of the brace stuff. Simply a matter of curiosity, is anyone registering with the NFA, and keeping it as a brace? Doesn't it just get registered as an SBR and then you put a proper stock on it?

I know some states have strange SBR laws, the laws are dumb here but SBRs are straightforward. Gun laws are dumb, and I hope that they are going to change as things make it through the courts.

quote:

Originally posted by arcwelder:
In the past couple years, I've done some SBRs, and not any of the brace stuff. Simply a matter of curiosity, is anyone registering with the NFA, and keeping it as a brace? Doesn't it just get registered as an SBR and then you put a proper stock on it?

I know some states have strange SBR laws, the laws are dumb here but SBRs are straightforward. Gun laws are dumb, and I hope that they are going to change as things make it through the courts.

My understanding is that the ATF have already designated braced pistols as SBRs as of Jan 31. They are simply delaying enforcement for 120 days to allow time to register, or remove the brace and revert to a pistol. There is no value in registering it as an SBR and keeping the brace because it’s still a SBR. This is different than the “normal” form 1s where it isn’t a SBR until you make it.

OK I don't support the ATF in general. But on this decision (argue all you want its legality we shall see what the courts do) the situation is about as good as it can get for the owner.
- tax stamp is free
- no 922r
- no engraving
- no waiting to use it like a normal F1

The only 'gotcha' that I can see is the the ATF in a revised ruling that previously said the you can use it till its approved or denied has said that's in its braced configuration only. I can't imagine that holding up in courts as its either an SBR or not, but who wants that fight. From the moment you have the F1 have at it with a stock. I can't see anyone keeping the brace, but in a practical sense a couple of people I have met have said that the brace is good enough for them and they aren't changing it after they SBR it.

quote:

Originally posted by SIGfourme:
As hrcjon stated - fill out Form 1 online. Prints and photo of yourself must be mailed within 10 days of acceptance.
My opinion would be to proceed as an individual- not as a Trust. Form 1 is intent to make an SBR. Form 4 is approved registration of SBR with a tax stamp generated.

Thank you.
So you have ten days from when you complete/certify your Form 1 to get in the photo of yourself and prints? IE, can be up to days after?

Yes. I'm still trying to figure out how to upload my Passport photo to the electronic Form 1. 1 set of fingerprints if you are sending in multiple Form 1's. (Certified mail --so you can track it.)

Thanks to everyone for their guidance and for the discussion.
I’ll be doing my first as an individual over the next week, and see how it goes.

ArcWelder - I actually have one or two braced pistol whose braces are so good I am pretty certain I won’t change it. But for others, absolutely will swap out, as I understand that is legitimate once the item is designated an SBR.

quote:

Originally posted by SIGfourme:
Yes. I'm still trying to figure out how to upload my Passport photo to the electronic Form 1. 1 set of fingerprints if you are sending in multiple Form 1's. (Certified mail --so you can track it.)

Thank you.
I’ve only gotten hard copy fingerprints before. Going to see if I can find a place that will sell me an electronic set that I can keep using.

quote:

I'm still trying to figure out how to upload my Passport photo to the electronic Form 1.

I don't know how they could make it any easier. in the responsible person tab it says photo. hit browse. find your photo file and click on it.

quote:

So you have ten days from when you complete/certify your Form 1 to get in the photo of yourself and prints?

Yes on prints, no on photo that has to be electronic.