Looks good-to-go, CLEO notification not approval in the this discussion.
From David Goldman at guntrustlawyer.com (better formatting at the link). While not specifically about Florida, I think he provides more info than I have been able to find out there. Given he is a Floridian, he might have the best handle, once he's done going through the document.
JANUARY 5, 2016 Most of 41P is gutted by change to CLEO Notification https://www.guntrustlawyer.com/2016/01/most-of-41p-is-gutted-by-change-to-cleo-notification.html by David M. Goldman Tonight we found a copy of the proposed final rule for 41P. It can be downloaded from this link 41P final.pdf In general, most of what the public was concerned about was removed from 41P by changing the CLEO Certification requirement that was proposed for trusts to be a CLEO Notification. It will not take effect until 180 days after publication in the Federal Registry so there is still time to purchase items under the existing rules and more reason than ever to create your Gun Trust now. While I am still reading the 248 pages, so far here are the highlights.
The final rule only requires that the applicant maker or transferee, including each responsible person for a trust or legal entity, provide a notice to the appropriate State or local official that an application is being submitted to ATF
The final rule also adds a new section to ATF’s regulations to address the possession and transfer of firearms registered to a decedent. The new section clarifies that the executor, administrator, personal representative, or other person authorized under State law to dispose of property in an estate may possess a firearm registered to a decedent during the term of probate without such possession being treated as a “transfer” under the NFA. It also specifies that the transfer of the firearm to any beneficiary of the estate may be made on a tax-exempt basis.
Amendments to§ 479.62 proposed to change the following for Trusts: 1. Provide that all information on the Form 1 application must be furnished for each responsible person of the applicant; 2. Each responsible person must comply with the identification requirements prescribed in the proposed§ 479.63(b); and 3. Require the applicant (including, if other than an individual, any responsible person), if an alien admitted under a nonimmigrant visa, to provide applicable documentation demonstrating that the applicant falls within an exception to 18 U.S.C. 922(g)(5)(B) or has obtained a waiver of that provision. For individuals it is not as easy as they propose the following Amendments to§ 479.63, where the applicant is an individual, proposed to maintain the CLEO certification but omit the requirement for a statement about the use of a firearm for other than lawful purposes. This section proposed to require, instead, that the certification state that the official is satisfied that the fingerprints and photograph accompanying the application are those of the applicant and that the official has no information indicating that possession of the firearm by the maker would be in violation of State or local law. Additionally, amendments to a Form 1 or Form 4, where the applicant is a trust, or corporation, proposed to: 1. Provide that the applicant must be identified on the Form 1 / Form 4 application by the name and exact location of the place of business, including the name of the county in which the business is located or, in the case of a trust, the address where the firearm is located. In the case of two or more locations, the address shown must be the principal place of business (or principal office, in the case of a corporation) or, in the case of a trust, the principal address at which the firearm is located; 2. Require the applicant to attach to the application: • A completed ATF Form 5320.23 for each responsible person. Form 5320.23 would require certain identifying information for each responsible person, including each responsible person’s full name, position, Social Security number (optional), home address, date and place of birth, and country of citizenship; • In accordance with the instructions provided on Form 5320.23, a 2 x 2-inch photograph of each responsible person, clearly showing a full front view of the features of the responsible person with head bare, with the distance from the top of the head to the point of the chin approximately 1 V4 inches, and which must have been taken within 1 year prior to the date of the application; • Two properly completed FBI Forms FD-258 (Fingerprint Card) for each responsible person. The fingerprints must be clear for accurate classification and should be taken by someone properly equipped to take them; and • In accordance with the instructions provided on Form 5320.23, a certification for each responsible person completed by the local chief of police,.sheriff of the county, head of the State police, State or local district attorney or prosecutor, or such other person whose certification may in a particular case be acceptable to the Director. The certification for each responsible person must be completed by the CLEO who has jurisdiction over the area in which the responsible person resides. The certification must state that the official is satisfied that the fingerprints and photograph Beneficiaries not not considered responsible persons Therefore, the Department believes that it is not necessary to positively identify a beneficiary as a “responsible person” within the definition unless they meet the definition of a responsible person. There is no requirement to update the ATF with changes in responsible persons after an application. Page 124: Department is not requiring in this final rule that new responsible persons submit a Form 5320.23 within 30 days of any change in responsible persons. So what does all this mean, most of the benefits for a trust will remain intact and a properly drafted Gun Trust is still the best way to purchase, own, possess, and transfer NFA firearms. Watch this page for more updates over the next few days