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Posted: 3/9/2011 12:09:01 PM EDT
[#1]
Originally Posted By superhondaz50:
What would happen if the dealer filled out a form 4 with "xxx revocable living trust" , and the trust says "xxx revocable firearms trust", and the form then got approved that way? Well, technically, the NFA item is registered to whoever is listed on the Form 4. The xxx revocable living trust" and the "xxx revocable firearms trust" are not the same legal entity, just as John Smith is not the same person as Joseph Smith. The best approach would be to ask NFA Branch to correct it in the Registry. It will have to be done in writing. You should call NFA Branch and ask whom to addfress it to, but I would write a letter saying you are an officer of the "xxx revocable firearms trust" and that due to a typographical error, the Form 4 was submitted with inaccurate info, and ask that the Registry entry be corrected. You'll need to enclose a photocopy of the approved Form 4 and of the trust documentation. They should fix it for you. FWIW, I would do the letter part in duplicate, include a stamped self-addressed envelope, and ask that they stamp one copy of the letter "received" and return it in the SSAE. That way, you'll have proof you notified them, if you ever have an issue. |
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AZ, USA
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Posted: 3/9/2011 8:57:15 PM EDT
[#2]
So the above problem is an easy fix for a dealers screw up? Has anyone had to do this before? How about any experience with misspelled firearm model names? Would this problem hold up any other transfers with other firearms?
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NE, USA
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Posted: 4/27/2011 3:52:40 PM EDT
[Last Edit: Porcine83]
[#3]
Originally Posted By Maryland_Shooter:
Originally Posted By retrodog:
So I've read people stating that we need to send in just the "declaration of trust", then I hear others saying that we need to send in the whole trust. I created my trust and ended up with three parts: 1. Instructions, Declaration of Trust 2. Declaration of Trust (signed and notarized) 3. Schedule A, Property in Trust 4. Assignment of Property (signed) 5. Instructions: Letter to the Successor Trustee 6. Letter to Successor Trustee (includes names of trustees, grantors, and beneficiary) Which of these are supposed to be sent in with the Form 4? I sent it all. EDIT- Found the answer I needed elsewhere- |
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USA
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Posted: 6/9/2011 3:06:12 PM EDT
[#4]
Maybe I missed it, but I've got my trust created and the engraving done. My question is when you include a "copy" of your trust, do you make a copy and have that notarized? Does the BATF accept a copy right off a copy machine or is there some criteria to make it an "official" copy.
It seems there are a couple ways to do this (Obtaining a notarized copy) Just wondering if that's necessary. Thanks. |
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Posted: 6/9/2011 3:17:27 PM EDT
[#5]
I had my trust notarized and then simply sent the BATF a copy ( I.E run the trust through a copying machine) of the trust. No need to have each copy notarized.
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USA
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Posted: 6/9/2011 4:07:58 PM EDT
[#6]
Thanks. I appreciate the response. With all the hoops it's surprising that a normal Xerox copy will work. I'll make sure the notary seal is very legible just in case.
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Posted: 7/22/2011 12:20:58 AM EDT
[#7]
great info. I've been going through all these forums, threads, and law NFA trust websites... really seems like a good if not the best way to go.
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USA
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Posted: 8/25/2011 3:48:13 AM EDT
[Last Edit: splogan]
[#8]
turned into it's own post
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Posted: 9/7/2011 2:21:10 PM EDT
[#9]
tagged as I have been looking for info lately and cannot afford $400 for a lawyer to do it
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Posted: 9/7/2011 6:15:03 PM EDT
[#10]
Link is broke.
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KS, USA
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Posted: 10/20/2011 2:36:55 PM EDT
[#11]
The firm updated the post so it has a new date for the url. This link should work: http://blog.princelaw.com/2011/01/12/gun-nfa-trust-frequently-asked-questions/
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FL, USA
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Posted: 2/25/2012 3:34:20 AM EDT
[#12]
Can you check the link again? It doesn't work. I want to set up a trust and would like to research it first. Please help!!
thank you Bogg |
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Posted: 3/14/2012 4:57:51 PM EDT
[#13]
Originally Posted By HitLines: The firm updated the post so it has a new date for the url. This link should work: http://blog.princelaw.com/2011/01/12/gun-nfa-trust-frequently-asked-questions/ That link is working and there is a lot of great info on that page. |
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TX, USA
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Posted: 5/4/2012 5:35:48 PM EDT
[#14]
Is it not advisable (or wrong) to have the lower you're going to SBR as the only item in the trust's Schedule A? It seems wise to me, but I can change it if there's an issue there.
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Posted: 5/15/2012 5:10:23 PM EDT
[#15]
Originally Posted By jmccoy:
Is it not advisable (or wrong) to have the lower you're going to SBR as the only item in the trust's Schedule A? It seems wise to me, but I can change it if there's an issue there. Anybody know the answer to this? |
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AL, USA
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Posted: 6/10/2012 5:43:39 PM EDT
[#16]
One last question.. Now that I have the trust set up and sent in for approval, do I use the same trust lets say next month for a suppressor? Or do I have to make another trust for it? Thanks
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Posted: 6/10/2012 7:00:29 PM EDT
[#17]
Originally Posted By loki4606:
One last question.. Now that I have the trust set up and sent in for approval, do I use the same trust lets say next month for a suppressor? Or do I have to make another trust for it? Thanks Same trust. |
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Posted: 8/5/2012 9:42:42 PM EDT
[#18]
My wife and I have an A/B trust instead of a will. Would this be the trust that I would use for an SBR and a surpressor? Do I need to set up another trust for just NFA items or simply add an addendum. Also if I add an addendum would I send in the addendum or the whole dang trust?
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Posted: 8/18/2012 9:58:57 AM EDT
[#19]
Thank you all for the helpful information.
Those with a trust, did you have witnesses sign it as well as have it notarized? My trust document has space for 2 witnesses and the section at the end for a Notary. Do I need these witnesses' names, signatures and adresses, since the notarization is what makes it bonafide? The language for the Notary section states " yadda yadda, before me personally appeared <my Name, trustee's name> and <witnesses names>, etc." Do I need to take 2 witnesses along with me to get this notarized? That's going to be a pain in the ass, and I don't expect random bank employees to sign and put their personal info on a customer's trust document, as witnesses. Thank you. |
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Posted: 9/10/2012 6:20:51 PM EDT
[#20]
For what it's worth, my latest Form 4 check was cashed on April 2nd.
I got a call Saturday from Dave at the Silencer Shop. He said the BATFE has 'some contractors' helping out with the backlog and that they kicked my App back because I put the word 'The' in fron of my Trust name: The XXXXX Trust. When my Trust was drawn up, it was just called 'XXXXX Trust'. We agreed that the word 'The' should be lined out to make the name: 'XXXXX Trust'. Nitpicking horseshit on their part, but he said they'll aprove it as soon as they get it back and I should have my stamp within a week to 10 days. That will put me about the middle of Sept for getting the stamp on an application sent March 27th. Right at 6 months.  Moral of the story....Don't put 'The' in front of the name of your trust if it's not on the title page. Copy it word for word the way it appears on your Trust's title page. Stupid mistake that cost me a week or two. Sheeesh!!!  |
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USA
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Posted: 9/26/2012 6:24:11 PM EDT
[#21]
If it is just a revocable living trust that gets created, is a tax id required?
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Posted: 9/26/2012 10:13:03 PM EDT
[#22]
Originally Posted By backlash:
If it is just a revocable living trust that gets created, is a tax id required? No Tax ID# is needed for the Trust. Mike |
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Posted: 11/4/2012 6:18:57 PM EDT
[#23]
I'm sure this has been asked before, but I haven't been able to find it in my searches...
Does the word "Trust" need to be in the name of your trust? For instance, can I name my trust ARAMP1 Firearms, or must it say ARAMP1 Firearms Trust. |
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Posted: 11/5/2012 10:06:40 AM EDT
[#24]
Originally Posted By ARAMP1:
I'm sure this has been asked before, but I haven't been able to find it in my searches... Does the word "Trust" need to be in the name of your trust? For instance, can I name my trust ARAMP1 Firearms, or must it say ARAMP1 Firearms Trust. You must have the word "trust" in there, to indicate what sort of legal entity it is. |
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Posted: 11/6/2012 12:14:39 PM EDT
[#25]
Originally Posted By tony_k:
Originally Posted By ARAMP1:
I'm sure this has been asked before, but I haven't been able to find it in my searches... Does the word "Trust" need to be in the name of your trust? For instance, can I name my trust ARAMP1 Firearms, or must it say ARAMP1 Firearms Trust. You must have the word "trust" in there, to indicate what sort of legal entity it is. Thank you. |
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AZ, USA
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Posted: 11/6/2012 8:59:26 PM EDT
[#26]
No longer working
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Posted: 12/10/2012 11:39:16 PM EDT
[#27]
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VA, USA
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Posted: 1/19/2013 3:08:15 PM EDT
[#28]
Thanks for the updated site.
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MN, USA
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Posted: 1/19/2013 11:11:29 PM EDT
[#29]
Ok, call this a dumb question if you want, but I'm just about to finish up my trust to send out some form 1's and wanted to ask about using NFA as an abbreviation in the title of my trust name. I understand revocable living trust can't be abbreviated RLT, so can I use NFA to make my trust name, Last name NFA Trust, or is it best to just leave all abbreviations out of a trust name since NFA could be National Flute Association or National Fire Academy. Seems silly to ask about using NFA in trust name being I'm filling the form 1's for a NFA weapon but I just have to ask to cover my behind from da goberment.
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Posted: 2/19/2013 3:17:03 PM EDT
[#30]
Thanks for the updated link. Info was invaluable. I am now in the process of setting up my trust. |
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Posted: 8/12/2013 12:00:29 AM EDT
[#31]
I am setting mine up for a first time purchase of a suppressor and was wondering if any property should be listed in the trust when setting it up for the first time. I only intend to have my suppressor in my trust when I receive it but was told I needed to have at least 1 item listed in the trust for it to be valid when notarized. Also, are there any benefits to listing my non-NFA firearms in my trust?
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Posted: 8/12/2013 8:24:06 AM EDT
[#32]
Quote HistoryOriginally Posted By TxPiKapp:
I am setting mine up for a first time purchase of a suppressor and was wondering if any property should be listed in the trust when setting it up for the first time. I only intend to have my suppressor in my trust when I receive it but was told I needed to have at least 1 item listed in the trust for it to be valid when notarized. Also, are there any benefits to listing my non-NFA firearms in my trust? My trust (completed by a lawyer) lists $1. That is the only item listed so far. |
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CO, USA
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Posted: 1/13/2014 12:57:22 AM EDT
[#33]
Quote HistoryOriginally Posted By TxPiKapp:
I am setting mine up for a first time purchase of a suppressor and was wondering if any property should be listed in the trust when setting it up for the first time. I only intend to have my suppressor in my trust when I receive it but was told I needed to have at least 1 item listed in the trust for it to be valid when notarized. Also, are there any benefits to listing my non-NFA firearms in my trust? I would recommend having some sort of cash with a serial number on it. Record the serial number as the trusts first asset, and always keep that bill with the trust information. So the trust always has an asset within it. |
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PA, USA
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Posted: 1/17/2014 5:24:56 AM EDT
[#34]
Great info.
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Posted: 1/28/2014 12:20:48 PM EDT
[#35]
Quote HistoryOriginally Posted By MNGLI:
Ok, call this a dumb question if you want, but I'm just about to finish up my trust to send out some form 1's and wanted to ask about using NFA as an abbreviation in the title of my trust name. I understand revocable living trust can't be abbreviated RLT, so can I use NFA to make my trust name, Last name NFA Trust, or is it best to just leave all abbreviations out of a trust name since NFA could be National Flute Association or National Fire Academy. Seems silly to ask about using NFA in trust name being I'm filling the form 1's for a NFA weapon but I just have to ask to cover my behind from da goberment. What was the answer on this one? can't it just be "mlr052869 NFA trust"? thank you four your help. |
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Posted: 4/4/2014 12:11:26 PM EDT
[#36]
I didn't want to read all 6 pages, but why can't the trust name say RLT? My SBR is in a trust titled LAST NAME NFA RLT and was approved a few years back.
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Posted: 4/4/2014 12:36:56 PM EDT
[Last Edit: tony_k]
[#37]
Quote HistoryOriginally Posted By PHOENIX13:
I didn't want to read all 6 pages, but why can't the trust name say RLT? My SBR is in a trust titled LAST NAME NFA RLT and was approved a few years back. Because ATF now requires you to spell it out on the application, and also requires that you engrave the entire name on the firearm if you are doing a Form 1. 
In other words, today you must engrave it with "LAST NAME NFA REVOKABLE LIVING TRUST". 
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GA, USA
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Posted: 4/30/2014 10:33:24 PM EDT
[#38]
A friend of mine went to our local class 3 to have them look at his trust paperwork this week and was told that the BATFE is kicking back any trust that was not by a lawyer.
Have any of you heard of this? We are about to start the process for for SBR's and silencers and the only lawyers in the metro atlanta that do this want upwards of $350. This plus the tax stamp makes it expensive to just do the paperwork, or maybe thats the plan. |
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Posted: 4/30/2014 11:49:56 PM EDT
[#39]
Quote HistoryOriginally Posted By bassist2416:
A friend of mine went to our local class 3 to have them look at his trust paperwork this week and was told that the BATFE is kicking back any trust that was not by a lawyer. Have any of you heard of this? We are about to start the process for for SBR's and silencers and the only lawyers in the metro atlanta that do this want upwards of $350. This plus the tax stamp makes it expensive to just do the paperwork, or maybe thats the plan. That would be quite the surprise to those people with DIY trusts that are getting forms approved on a daily basis... |
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GA, USA
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Posted: 5/1/2014 10:30:04 PM EDT
[#40]
Quote HistoryOriginally Posted By BigWaylon:
That would be quite the surprise to those people with DIY trusts that are getting forms approved on a daily basis... Quote HistoryOriginally Posted By BigWaylon:
Originally Posted By bassist2416:
A friend of mine went to our local class 3 to have them look at his trust paperwork this week and was told that the BATFE is kicking back any trust that was not by a lawyer. Have any of you heard of this? We are about to start the process for for SBR's and silencers and the only lawyers in the metro atlanta that do this want upwards of $350. This plus the tax stamp makes it expensive to just do the paperwork, or maybe thats the plan. That would be quite the surprise to those people with DIY trusts that are getting forms approved on a daily basis... Well, the only people I know that have class 3 items have had their trust for many years. Im going to call around and check other dealers this weekend to see if they have had the same issue. If it is true, it puts a big damper on doing this with the added expense. |
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MI, USA
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Posted: 5/2/2014 5:52:02 PM EDT
[#41]
So just how does the BATFE know who prepared the trust, and whether the preparer is a member of the bar? Does the BATFE now require every trust have a "Preparer" block that includes such information?
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Posted: 5/2/2014 6:22:45 PM EDT
[#42]
Quote HistoryOriginally Posted By SecondAmend: So just how does the BATFE know who prepared the trust, and whether the preparer is a member of the bar? Does the BATFE now require every trust have a "Preparer" block that includes such information? |
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GA, USA
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Posted: 5/5/2014 2:18:21 PM EDT
[#43]
Its not spreading BS if I ask a question.
Anyways, I talked to another dealer and they said its not true. They have personal trusts go through all the time. It seems that the shop claiming the kick backs are also referring you to a lawyer. This seems shady on there part, plus they only deal with AAC as far as class 3 items. Don't think I'll be using them at all. |
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AZ, USA
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Posted: 5/22/2014 5:56:15 PM EDT
[#44]
I've tried searching but since i lost my team it's a pain.
Anywho, my trust is done and notarized. Do i need to mail it into the atf? Or do i just send in a copy when i send in my form 1 for an sbr? |
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Posted: 5/22/2014 7:57:15 PM EDT
[Last Edit: BigWaylon]
[#45]
Quote HistoryOriginally Posted By azmp5:
Anywho, my trust is done and notarized. Do i need to mail it into the atf? Or do i just send in a copy when i send in my form 1 for an sbr? Send two copies of F1 printed front/back, and one copy of trust (I also printed mine duplex). No reason at all to mail it in ahead of time. |
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AZ, USA
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Posted: 5/23/2014 3:34:30 AM EDT
[#46]
Thxs
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PA, USA
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Posted: 6/24/2014 7:34:03 AM EDT
[#47]
So this is a dumb question but I would hate to have it kicked back ..... Which Trust documents need to be sent with a form 1? I have 15 pages but I would think that I would only send the pages that are notarized?
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Posted: 6/24/2014 8:33:45 AM EDT
[#48]
Quote HistoryOriginally Posted By MP1983:
So this is a dumb question but I would hate to have it kicked back ..... Which Trust documents need to be sent with a form 1? I have 15 pages but I would think that I would only send the pages that are notarized? I sent 26 pages. The trust, the certification of trust, the Schedule A, and each of the trustee validation pages. Print it double-sided, send it all. |
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KS, USA
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Posted: 6/24/2014 8:45:29 AM EDT
[Last Edit: m6z]
[#49]
I'd just do "SMITH TRUST"
You don't have to have the RLT in the trust name and you can pretty much name the trust whatever you want. SMITH TRUST SMITH FAMILY TRUST SUPER AWESOME TRUST I LIKE GUNS TRUST |
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ABW
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Posted: 9/1/2014 5:22:43 PM EDT
[#50]
Another dumb question. If I am the settlor and and trustee and have my wife as the successor trustee and beneficiary, then that is GTG?
Or do I need a co-trustee? And I am right in assuming that I do not have to list any non NFA items on the amendment going in to the ATF? I would just list say the stripped lower I plan on using for an SBR? |
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