Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 6/14/2017 2:53:21 PM EDT
My trust paperwork has a form for transferring non-NFA firearms (or other property) to the Trust and particularly mentions transferring them to the Trust before building the Trust's SBR on Form 1.

For States that allow Form 1 SBRs AND require all firearms transfers to go through a dealer/FFL, does this also include the transfer of the Title 1 firearm or receiver from the individual to the Trust also having to go through an FFL?  Anyone had to do this before?

Thanks.


Rob
Link Posted: 6/14/2017 5:57:08 PM EDT
[#1]
Sounds like a lot of extra steps. My lawyer just has me add them to the Schedule A when the stamps come in.
Link Posted: 6/14/2017 6:29:28 PM EDT
[#2]
I assume your state does not require that all transfers go through a dealer?  That's the question here...one entity, an individual person, owns a Title 1 firearm (AR-15 receiver).  The Trust, a different entity, needs to own this receiver in order for the receiver to be "made" into an SBR.  So the receiver needs to be transferred from one entity (individual) to another (Trust).  Does this need to go through a dealer?

Rob
Link Posted: 6/14/2017 11:39:52 PM EDT
[#3]
No. Just add it to the trusts schedule A. The reality is YOU are the trust. You're transferring it to yourself.
Link Posted: 6/15/2017 2:09:58 PM EDT
[#4]
That's the problem with trusts worded this way, and why I specifically purchased a trust that doesn't have a Schedule A. The Form 1/4 is what registers the NFA item to the trust.
Link Posted: 6/15/2017 2:40:34 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
That's the problem with trusts worded this way, and why I specifically purchased a trust that doesn't have a Schedule A. The Form 1/4 is what registers the NFA item to the trust.
View Quote
My trust does not have a Schedule A either.  Any firearm, NFA or otherwise, that is purchased by the Trust belongs to the Trust but doesn't get added to the Trust paperwork in any way.  Just an accounting/recordkeeping function by the Trustees.

The "issue", if it really is one, is that the non-NFA AR-15 receiver that is to be used by the Trust to make the SBR was initially sold to an individual (before the Trust existed) who is now a Trustee.  In order for the Trust to make an SBR out of it, the Trust has to become the owner of it.  In most States, no biggie, just a private transfer from individual to Trust and make note of it.

However, if a State says that all transfers have to be handled by a dealer and a background check has to be made...what then?  The Trust cannot have a NICS check run against it.  In the normal course of things, a Trustee would fill out the 4473 and get a NICS check as the "responsible party".  But that party is ALSO me.  So me individual to me Trustee.  See where this is confusing?

But my current understanding (after conversation with the firm that created my Trust) is that my transfer from Me As Individual to Me As Trustee is exempt under State law.

Clear as mud, right?

Rob
Link Posted: 6/16/2017 9:31:45 AM EDT
[#6]
You would have to look at your state laws and see what they say exactly.

It likely has an exemption clause for private transfers to non individuals.

You could also ask a dealer. What does a dealer have to do to comply with state laws when they purchase a gun from an individual?
Link Posted: 6/16/2017 9:38:05 AM EDT
[#7]
You're over thinking it.

If you own the firearm, if you are a trustee, you're fine.

You are not transferring the firearm to another individual.
Link Posted: 6/16/2017 5:16:56 PM EDT
[#8]
Yeah.

No private party sale so the State is cool.

NFA item is owned by the Trust so the Feds are cool.
Link Posted: 6/16/2017 11:59:47 PM EDT
[#9]
I would look at it like this. 

When you have the approval and build the SBR, the title 1 rifle ceases to be and the SBR is made, hence, the form to make a firearm.  It's not a transfer of a firearm so no worry with any state laws in that regard.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top