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Posted: 4/17/2015 6:57:53 PM EDT
Are NFA trusts just as valid in Pennsylvania as they are in Texas? I had my written up by Sean Cody(Houston, TX) AKA SC-Texas. I'll be moving in a few weeks and just found out I also need to submit a form to the ATF to move my stuff across state lines. Didn't know that.


For what it's worth, it's an irrevocable Trust tailored specifically to NFA weaponry. My understanding is that they are not tied to any one state.
Link Posted: 4/17/2015 7:38:41 PM EDT
[#1]
My understanding is that each state has (or may have) unique requirements regarding how Trusts must be established/written. The notion of a NFA Trust is perfectly valid in PA, just not sure if your existing Trust can simply "move" and still be valid as-is.  It may be a simple thing, like adding some language to your Trust and getting it notarized again in the state of PA, but that might be a critical step.  I would bet you could get an attorney to give you a simple yes or no as part of a free consultation, might be worth it to ask.  

I used Prince Law for my Trust.  While they are considered expensive by many, they know their stuff.  Might be worth an email to them?  Sorry I don't have the specific answer for you...
Link Posted: 4/17/2015 7:45:17 PM EDT
[#2]
Here's a little reading.  Both seem to imply that each state may have unique requirements that may cause the Trust to be invalid in the eyes of another state, which may lead the ATF to consider the Trust invalid in the state you're using it within.  Best bet seems to be have a lawyer look at your Trust and make sure.

ARFCOM Thread

NFA Lawyer blog site
Link Posted: 4/17/2015 11:04:40 PM EDT
[#3]
Every state can have its own trust laws, but many states have adopted the Uniform Trust Code, sometimes with minor deviations to the UTC.  Pennsylvania is a UTC state, but Texas is not, so there may be significant differences in the trust law between those states.  If you have an attorney, I'd recommend you see them and see if they can make the trust conform to Texas law as well as the UTC as adopted in PA.  It may be a simple fix.
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