DOJ open letter to all PA FFLs: background check on individuals receiving suppressors

[JoshIronshaft]

The DOJ sent an open letter to all PA FFLs to advise them of certain requirements to conduct a NICS (not PICS) background check on individuals receiving suppressors.

Sorry for the low res image.

I thought this was interesting, as I know PA FFLs have taken different positions on this in the past.

The part I find confusing, is where it says that this would only apply to individuals receiving a suppressor who have not undergone the NFA background check. My understanding then, is that this would not apply to anyone who filed as an individual and only to those who filed with trusts prior to the 41F rule change. Also, it could possibly be applied to anyone receiving a suppressor on behalf of a trust, who was added to the trust after the Form 4 was submitted, as they would not have undergone the NFA background check? It's clear that an individual picking one up for a business would be subject to the NICS check.

[Kramer]

This is just PA taking their shot on entities in this post 41F world.

[TheGhost27]

We just got the forms in today. Now we have to run a background check when someone picks up their class III item that filed other than a Individual.

[JoshIronshaft]

Going forward, even if they submitted using a trust post 41F?

[WCMG]

I been hearing about this letter for six months now...actually surprised they finally released it.

[knight0334]

It says that if you have gone through the normal NFA clearance you are exempt. If you have your tax stamp and were party to the background check - you are exempt.

This is for folks who have not gone thru the NFA process, like individuals and employees of trusts, corporations, etc when picking up the device for the trust/corp/llc.

[Oicani]

In a way, I'm glad there is a "clearer" direction on the transfer of suppressors as I've seen several SOTs all do it differently over the last 2 years, but is this retro-active to pending transfers? I have one last purchase still pending and it should approved any day now. Also, I didn't read an effective date. Just "An FFL who transfers a suppressor without this required background check, would be in violation of Federal Law. Letter is dated 4/6/17 so I'm assuming anything after this date?

Got to love how how federal laws can trample on state laws at any point in time!

[NuclearSociety]

I was hoping for this to be an indication of the possibility of the HPA passing.

[Oicani]

It says that if you have gone through the normal NFA clearance you are exempt. If you have your tax stamp and were party to the background check - you are exempt.

This is for folks who have not gone thru the NFA process, like individuals and employees of trusts, corporations, etc when picking up the device for the trust/corp/llc.

You're saying if I had submitted a finger print card and photo with my Form 4 submittal, than no NICS check regardless if it was a through a Trust, Corp or Individual.

[Xringshooter]

For Post 41F Form 4's, when they are approved, there is supposed to be an annotation on the form that shows that the background check has been done. This annotation is what goes on the 4473 when the suppressor is picked up. Pre 41F, a person on a trust who is picking up the suppressor fills out the 4473 and has to have a background check run, and since PA does not recognize the suppressor as a "firearm" and as such you can't use PICS, the only way to do the check is through NICS.

The first few Form 4s were individuals so I didn't have to worry about the BGC but now I'm starting to get back approved trust Form 4s so I went ahead and talked to NICS and got set up to use NICS for the trust suppressors. When I talked to NICS, I also talked to PICS and they didn't have a problem with me doing it as long as I only do it for suppressors.

For an individual Pre and Post 41F, they have a background check done and block 20 on the 4473 is marked because it says no NICS check was required because the individual was checked during the NFA approval process.