ATF Ruling Response 41P – What Does This Mean?

With the president’s executive action and the ATF ruling response on 41P, what does that mean for us, the citizens?

A great deal was left open ended and in a grey area after reading though the Executive Action Fact Sheet which was pulled from the ATF’s Facebook page late Monday night.  After nearly a week of speculation on the verbiage used on the 248 pages of the ruling, the ATF came back with clarification on the 41P ruling.  Here is a quick overview as to how it will potentially change the NFA market.

  • No changes will take effect until 180 days after the official ruling has been published in the Federal Register.  At this point in time, it has not been published in the Federal Register.
  • The ruling is not retroactive and will not apply to applications that are in pending status, or to previously approved applications for existing legal entities and trust holding NFA items.  Anything that is in process before the effective date will be grandfathered under the current rules (Page 198).
  • Once the final ruling goes into effect, the CLEO certification rule will change to simply CLEO notification for all silencer purchases – whether though a trust, LLC, or as an individual.
  • Once the ruling goes into effect, the responsible persons in a trust or LLC must have a background check completed which will require fingerprinting and photographs, much like when an individual purchases a silencer today.
  • The ruling provides a clear answer in regards to what happens when a person or entity that owns a trust dies.  The person who is authorized to dispose of the property of an estate may possess a firearm or other item (such as a silencer) that is registered to a decedent during the term of probate without such possession of being treated as a transfer under the NFA.  Also, any transfer of the NFA item to any beneficiary of the estate is tax exempt.

Essentially, when the ruling is officially published, things will continue as they are for 180 days.  Any paperwork in process at the end of the 180 days will be grandfathered.  This is from the ATF, so the information here is subject to change, be wrong, or never go into effect.


This would be a great time to visit the American Suppressor Association to contact your legislatures to have your voice be heard about the Hearing Protection Act. SilencerCo also has a campaign going on using the hashtag #FightTheNoise.  You can check that out by clicking here.

Bucky Arms will continue to provide 41p updates during the process.  If you have any questions, please email us at


by Nate B

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