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NFA Form 24 Month Exemption? Login/Join 
Spread the Disease
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I’ve used this exemption before on eForm 1s and 4s. I recall reading somewhere that there was a limit as far as being able to use this exemption consecutively, but now I can’t find that.

For those who aren’t familiar, this exemption is for after you’ve submitted a trust for an ATF form that was approved within 24 months of the next submission. Once you are ready to do another, you submit a letter with the packet claiming the exemption and stating that your trust hasn’t changed since the last approval. This takes the place of having to include your trust paperwork with this submission.


________________________________________

-- Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past me I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain. --
 
Posts: 17781 | Location: New Mexico | Registered: October 14, 2005Reply With QuoteReport This Post
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My understanding was that the exemption is only good for the 24 months since the last time you uploaded your complete trust document. Some people were assuming that every time you used the exemption, it reset the 24 month clock.
 
Posts: 3467 | Location: South FL | Registered: February 09, 2007Reply With QuoteReport This Post
Spread the Disease
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That’s what I thought, too, but I’m having trouble finding it in writing.


________________________________________

-- Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past me I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain. --
 
Posts: 17781 | Location: New Mexico | Registered: October 14, 2005Reply With QuoteReport This Post
Frangas non Flectes
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On the electronic documents page on eforms:

quote:
When the applicant is a trust, corporation or other legal entity, the applicant must attach documentation establishing the existance and validity of the entity, for eForms done via the Electronic Documents screen.

However, under certain conditions, the applicant may not have to file the documentation. 27 CFR 479.63(c) provides that if the applicant entity has had an application approved as maker or transferee within the preceding 24 months of the date of filing this application and there has been no change to the documentation previously provided, in lieu of filing the documentation, the entity may provide a certification that the information has not been changed since the prior approval and shall identify the application for which the documentation has been previously submitted by form number, serial number, and date approved. If the application wishes to claim this exception, this certificate shall be attached as an electronic document to the application submission.

The system required the applicant to select one of two options from the drop-down in the Document Type field to be able to file the application. The applicant must choose either the 'CORPORATION/TRUST/OTHER LEGAL ENTITY' option and attach the documentation or the '24 MONTH DOCUMENT SUBMISSION EXCEPTION' option and attach a document specifying the reason why no documentation of the existence of the trust, corporation or other legal entity is required.


I also found this letter generator:

quote:

When applying with an ATF Form 1, eForm 1, ATF eForm 4, ATF Form 4 or the ATF Form 5 there is a 24 month exception for NFA gun trusts and legal entities to submit the NFA gun trust or legal entity paperwork with the ATF tax stamp application. Meaning for the ATF Form 1, eForm 1, ATF eForm 4, ATF Form 4 or the ATF Form 5 applications you won’t be required to submit a copy of your notarized NFA gun trust or legal entity paperwork to the ATF when you apply for the aforementioned ATF applications for a tax stamp. The 24 month exception can only be used if you have had a tax stamp approved by the ATF in the last 24 months with any of the four aforementioned ATF tax stamp applications. Note: the 24 month timeframe starts from your last approved tax stamp date, not from when your payment was cashed or when your application went pending. When you apply for your ATF Form 1, eForm 1, ATF eForm 4, ATF Form 4 or ATF Form 5 tax stamp instead of submitting a copy of your NFA gun trust or legal entity paperwork, you will submit a certification letter that your NFA gun trust or legal entity paperwork hasn’t changed since your last tax stamp was approved by the ATF in the last 24 months. The potential benefits of submitting the 24 month exception include: the ATF examiner doesn’t have to review your trust or legal entity documents again and if you are applying with the eForm system you won’t have to worry about the size of your NFA gun trust or your legal entity documents. The first benefit could save your application time during the approval process and the latter will cut out the 3mb upload size limit for documents that you upload during the eForm process.

Below is ATF 24 Month exception for NFA Gun Trust and Legal Entity Documentation Generator and the exact definition of the 24 month exception as defined by the ATF.



I had also thought I read somewhere about only being able to use it once in any 24 month period of time, but I cannot find that in writing anywhere, either. Maybe this is part of the bad info floating around out there that gets repeated. If what I'm reading is accurate and there isn't any limit on how many times you can use it, this would seem to make sense since it reduces the workload for examiners and puts the onus on you to be forthright about being compliant with the law instead of them having to review the same trust over and over again. Then again, since most of this stuff flies in the face of logic, it almost feels like a trap lol.

Some further discussion here:
https://www.reddit.com/r/NFA/c...th_exemption_update/


______________________________________________
“There are plenty of good reasons for fighting, but no good reason ever to hate without reservation, to imagine that God Almighty Himself hates with you, too.”
 
Posts: 17890 | Location: Sonoran Desert | Registered: February 10, 2011Reply With QuoteReport This Post
Spread the Disease
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I found the other quoted items previously and have used the letter generator, but nothing talks about the limitations of it. I guess I'm going to find out. I used it on my last can that was approved (far less than 24 months ago) and I used it again on the can currently in NFA jail.

238 days and counting. I'm hoping, if they won't let me use it more than once and not twice in a row, they will let me know so I can provide a copy of my trust.


________________________________________

-- Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past me I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain. --
 
Posts: 17781 | Location: New Mexico | Registered: October 14, 2005Reply With QuoteReport This Post
Frangas non Flectes
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Yeah, I'd be interested to know what your results are. Anything to help improve processing time would be great.


______________________________________________
“There are plenty of good reasons for fighting, but no good reason ever to hate without reservation, to imagine that God Almighty Himself hates with you, too.”
 
Posts: 17890 | Location: Sonoran Desert | Registered: February 10, 2011Reply With QuoteReport This Post
Spread the Disease
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I just submitted an eForm 1 a couple of days ago. While reading through every bit of fine print, there was nothing about limitations for the 24 month exemption as far as consecutive uses. AS WRITTEN on the eForm site while submitting a form, it is perfectly acceptable to use it as many times as I want, so long as I check the other required boxes.

Ah ha. We’ll see.


________________________________________

-- Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past me I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain. --
 
Posts: 17781 | Location: New Mexico | Registered: October 14, 2005Reply With QuoteReport This Post
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Is it really that tough to upload a copy of the trust paperwork? Presumably you already have a pdf from the last time you did it?

And no, I don’t think it improves processing time one bit. There is so much variability in approval times, that there are many exceptions to the “rules” people think exist for quick approval. Even now people get approved in two days, while others take months, and others are approaching years. Some trusts are coming back faster than individuals. It’s still a crap shoot trying to guess how quickly you’ll get approved.
 
Posts: 3467 | Location: South FL | Registered: February 09, 2007Reply With QuoteReport This Post
Spread the Disease
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That’s the primary reason- to supposedly simplify the process for the examiner.

At this point, I’m not convinced it helps at all.


________________________________________

-- Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past me I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain. --
 
Posts: 17781 | Location: New Mexico | Registered: October 14, 2005Reply With QuoteReport This Post
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