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 SandWMandP15Tee 
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Joined: Apr 2007  FL, USA
 Posts: 1893 Feedback: 100% (6) |
Posted: 5/16/2012 6:47:45 PM
THE IMAGE ABOVE IS A PAID ADVERTISEMENT |
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Posted: 5/16/2012 6:51:00 PM
Use a different Trust for each gun
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Posted: 5/16/2012 6:53:53 PM
Originally Posted By RenegadeX:
Use a different Trust for each gun No same trust, you just add every time a new item gets approved. |
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BigRedDog
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Posted: 5/16/2012 6:58:31 PM
Ok, so the first item is not listed. (maybe ten bucks or something)
Then for the second submission you list the first IF it has been approved and not listed if it has NOT been approved? Or, do you list everything that has been sent in, approved or not? Must each new Schedule A be signed and Notarized? |
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criley
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Posted: 5/16/2012 6:58:55 PM
Originally Posted By SandWMandP15Tee:
Friend of mine submitted paperwork for a silencer in October received notice today from the class three dealer that his schedule A needed amending. Apparently they want it to look like a chart were you could keep adding stuff as you progress in your "class three" purchases. This also means he'll probably receive his stamp soon after the amends. Several attorneys have said that the ATF has no business actually being able to see the assets of the trust. They need to see the item(s) in order to register it(them) and sell the stamp. Nothing else. Everything else can be redacted. |
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Posted: 5/16/2012 7:20:28 PM
Originally Posted By criley:
Originally Posted By SandWMandP15Tee:
Friend of mine submitted paperwork for a silencer in October received notice today from the class three dealer that his schedule A needed amending. Apparently they want it to look like a chart were you could keep adding stuff as you progress in your "class three" purchases. This also means he'll probably receive his stamp soon after the amends. Several attorneys have said that the ATF has no business actually being able to see the assets of the trust. They need to see the item(s) in order to register it(them) and sell the stamp. Nothing else. Everything else can be redacted. Several attorneys can say whatever they like, my brother inlaw is one as is my wife's cousin. I've even spoken to some other ones who have no idea of the NFA process. Remember the ATF issues the stamp not the attorneys. If you receive a letter saying to make a correction I suggest you do it if you want the stamp. |
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dangerdan
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Posted: 5/16/2012 7:53:28 PM
Originally Posted By BigRedDog:
Ok, so the first item is not listed. (maybe ten bucks or something) Then for the second submission you list the first IF it has been approved and not listed if it has NOT been approved? Or, do you list everything that has been sent in, approved or not? Must each new Schedule A be signed and Notarized? I just added every NFA item on my schedule A before I submitted it to the ATF. Even silencers, even though I didnt have possession of them at the time. I didn't have to notarize every addition. I just printed out a new schedule A with the new items and signed it and replaced the old schedule A. |
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Homeinvader
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Posted: 5/16/2012 8:23:39 PM
Originally Posted By SandWMandP15Tee:
Friend of mine submitted paperwork for a silencer in October received notice today from the class three dealer that his schedule A needed amending. Apparently they want it to look like a chart were you could keep adding stuff as you progress in your "class three" purchases. This also means he'll probably receive his stamp soon after the amends. You're certainly not lying, but I doubt this is true. Probably a game of operator going on. Asking that is be in a particular format would be hands down the craziest request I have ever heard come from an examiner. There's just no rational reason for it and it is so far from any legal or procedural purpose that it just cannot be true. |
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Homeinvader
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Posted: 5/16/2012 8:35:37 PM
Originally Posted By dangerdan:
Originally Posted By BigRedDog:
Ok, so the first item is not listed. (maybe ten bucks or something) Then for the second submission you list the first IF it has been approved and not listed if it has NOT been approved? Or, do you list everything that has been sent in, approved or not? Must each new Schedule A be signed and Notarized? I just added every NFA item on my schedule A before I submitted it to the ATF. Even silencers, even though I didnt have possession of them at the time. I didn't have to notarize every addition. I just printed out a new schedule A with the new items and signed it and replaced the old schedule A. This you should never do. It's completely inaccurate to list NFA firearms for which you have not yet been approved nor taken possession of. This type of thing could send your estate into a tailspin if you were to pass away before approval or actual possession. An executor, trustee, attorney or judge would never know or understand what you've done and, in absence, they would be required by law to notify NFA Branch that the items have been lost or stolen, which would cause a great deal of confusion. It also creates an inaccurate valuation of your trust for estate tax purposes, one that is not in your favor. With turnaround times now at 7 months+, this is a long time and things like this can easily occur. If an NFA examiner asked you to do this, then you should talk to their supervisor to make the request go away. They cannot require you to do this. |
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bigcbass
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Posted: 5/16/2012 10:42:03 PM
[Last Edit: 5/16/2012 10:44:10 PM by bigcbass]
I would ask to see the letter (and I would love if you would post a copy). The ATF can't tell you what your trust has to look like as long as it is valid.
For instance, in Texas you don't have a add items to a Sch A. |
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Posted: 5/16/2012 10:54:18 PM
He showed it to me today, I'll ask him to email me a copy or I'll paste it, if he give's me a copy. He said he was worried cause I and another friend also have forms submitted. I'll know in a few months if I did it correctly.LOL
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criley
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Posted: 5/16/2012 11:50:04 PM
[Last Edit: 5/16/2012 11:53:09 PM by criley]
Originally Posted By SandWMandP15Tee:
Originally Posted By criley:
Originally Posted By SandWMandP15Tee:
Friend of mine submitted paperwork for a silencer in October received notice today from the class three dealer that his schedule A needed amending. Apparently they want it to look like a chart were you could keep adding stuff as you progress in your "class three" purchases. This also means he'll probably receive his stamp soon after the amends. Several attorneys have said that the ATF has no business actually being able to see the assets of the trust. They need to see the item(s) in order to register it(them) and sell the stamp. Nothing else. Everything else can be redacted. Several attorneys can say whatever they like, my brother inlaw is one as is my wife's cousin. I've even spoken to some other ones who have no idea of the NFA process. Remember the ATF issues the stamp not the attorneys. If you receive a letter saying to make a correction I suggest you do it if you want the stamp. The ATF can say whatever it wants to. When push comes to shove, the ATF is going to have to go by the law. |
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Posted: 5/17/2012 1:31:50 AM
I've never included a schedule A and never had a problem. Just turn in your stuff and quit fretting over a gray area. If something goes wrong, you'll probably see a two week delay which is nothing to the 10 months you already waited....
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SC-Texas
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Posted: 5/17/2012 1:46:11 AM
No need to send an updated schedule a.
Still having my clients send them in with the initial property and no new additions. |
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Posted: 5/19/2012 11:31:14 AM
all my local dealers say you have to send in a schedule A, half of them say the item to be approved should be added before you send it in...
argue with ATF all you want, their game their rules... |
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BigRedDog
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Posted: 5/19/2012 12:19:15 PM
Originally Posted By Quake_Guy:
all my local dealers say you have to send in a schedule A, half of them say the item to be approved should be added before you send it in... argue with ATF all you want, their game their rules... Nobody is arguing with the ATF, only the info from your local dealers just because they want to "play it safe' doesn't make it a requirement |
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d13s3l
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Posted: 5/19/2012 12:24:15 PM
i never add an item to schedule A , until after i receive stamp for it.
as stated my many above, 1st mailing of schedule A should just have initial property. i.e. - some money for the trust. i added $1. what did your friends schedule A look like when he submitted? mine is standard numbered list w/ blank lines, i just add to & fill out after receiving each stamp. |
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Posted: 5/21/2012 6:09:57 AM
The form they sent him had lines like notebook paper.
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JoshAston
Contradictions, false logistics
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Posted: 5/21/2012 6:13:29 AM
Originally Posted By criley: Yeah, cause they have a history of doing just that.When push comes to shove, the ATF is going to have to go by the law. |
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SC-Texas
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Posted: 5/21/2012 9:37:49 AM
Originally Posted By SandWMandP15Tee:
The form they sent him had lines like notebook paper. that does not sound like an official batfe error letter to maine |
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criley
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Posted: 5/21/2012 11:26:46 AM
Originally Posted By JoshAston:
Originally Posted By criley:
Yeah, cause they have a history of doing just that.
When push comes to shove, the ATF is going to have to go by the law. Don't try and mix apples with oranges. There is no where to hide in this situation. |
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bigcbass
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Posted: 5/21/2012 5:56:07 PM
I am still waiting to see the letter.
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Posted: 5/22/2012 6:44:47 PM
Originally Posted By bigcbass:
I am still waiting to see the letter. Sorry I didn't mean to leave you guys on the hook, I'll talk to my friend and see if I could get something to post without jeopardizing him directly. |
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Posted: 5/22/2012 7:17:58 PM
[Last Edit: 5/22/2012 7:20:52 PM by getchevyn]
I sent my last form 1 with an assignment page instead of a schedule A on the advice of my lawyer. I am ready to send another form 1 and this time I am going to send both in. Anyone got a copy or a template of a schedule A?
Edit: nevermind I found one. |
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SC-Texas
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Posted: 5/22/2012 10:44:15 PM
Originally Posted By SandWMandP15Tee:
Originally Posted By bigcbass:
I am still waiting to see the letter. Sorry I didn't mean to leave you guys on the hook, I'll talk to my friend and see if I could get something to post without jeopardizing him directly. Would you care to explain how posting the letter will jeopardize your friend either directly or indirectly? I would like to know. I talked to an examiner today and the examiner didn't know anything about the this supposed letter. |
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Posted: 5/24/2012 8:11:40 PM
[Last Edit: 5/24/2012 8:14:42 PM by SandWMandP15Tee]
1st Let me start with an update since I first posted this thread. The dealer received his stamp today and he picked up his silencer which I also saw this afternoon. He didn't have a copy cause it was at his home or possibly mailed back.He told me when I asked him again about it that it stated he didn't have a Schedule A attached to his trust and that part of his trust information was incorrect. I told him after he had mailed everything back with the corrections he would receive his stamp pretty soon and not to be too discouraged, a week is sooner than I expected.
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