Buddy of mine in Oklahoma (if it makes a difference) seems to think that (with the advice of his attorney) that when he goes to purchase any future firearms he can use a trust (non-NFA again) to get around the NICS background check. He just hands him some "trust card."

I was an FFL for five years and never heard of anything remotely like this and would have told the guy to hit the road if he tried this.

Question is this...is this legit?  Are people doing this for non-NFA firearms purchases?  None of my current FFL holding acquaintances has heard of this either.

Their (him + his attorney) logic is that the trust is an individual like a corporation that is doing the purchasing so any background check is done against the trust and not any members or trustees.

That is correct (I believe), and when corporations buy non-NFA firearms, the dealer is still required to do the 4473 on whoever is picking it up.

From the 4473:



And you proceed as normal with the 4473.

I rather doubt that he got any advice from any attorney.

If this scheme of his has 'worked', its because he ran into an ignorant FFL.  If he is actually doing this dodge to avoid a failed NICS check, and he is telling people about it, then IQ fail.

Thank you.  I also found a lot of good info in another thread here on sales to a corp - the agent of the corp that picks up fills out section A as himself and NICS is run on him.

I think there was a BIG misunderstanding between what his attorney told him and what he thinks he heard.  He is going to call his attorney and get it explained again - he can put the firearms on the trust after he fills out 4473 as himself - not fill out section A as "Joe's Recreational and Educational Firearms Trust."

He actually did have a family trust drawn up specifically because he wants to start purchasing firearms and wants to be sure they stay in the family.

He has not tried filling out the 4473 AS the trust.  I told him to contact his atty and get clarification.  I myself never heard of a trust or corp filling out section A as the entiry instead of a person which is when I had to tell him to seek further advice before the FFL looks at him like he's nuts.

EDIT TO ADD:

He is not trying to get around a failed BG check - he has passed a few lately on other purchases.  He just got overly excited about having (thinking he has rather) a fast-lane NICS process which does not exist.  It's been too long since I was an FFL but I told him that some states (not sure about OK - need to research) allow CCW in lieu of NICS check and to look into that avenue.  Maybe even go through the trouble of getting a UPIN.

<----FFL
He doesn't fill out the 4473 any differently than if he were buying it himself.
If you read the instructions on the 4473, you'll see that if the buyer is a corporation or other business entity, then an officer authorized by the business completes Section A with his personal information. He must also submit a written statement that the purchase if for the business.

The dealer will then run the FBI NICS check. I don't believe Oklahoma has a firearm permit that serves as an exemption to the NICS check.
If your friend thinks he gets to bypass NICS he is flat wrong.




He should run from the attorney as the attorney hasn't come anywhere close to giving good advice.




As long as the dealer bothers to read the instructions on the 4473 everything should be okay. Sadly, some refuse to do so and rely on what they "think" the law is.