Curious on whether anyone has established a trust and then later had to change residency to another state.
What you did and how it went down would be appreciated particularily how you transitioned everything.  
I talked to my lawyer and he gave me some scenarios

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Surprised no one has been in this situation.

What can we say, we like where we live.

I may be in this situation soon, but I haven't looked into the details of what I will have to do with NFA stuff yet. So I'll subscribe to this one for good info...or if it disappears without any good info being posted then I'll bump/update when I find out what I need to do on my end.

I'm not an attorney, and this was a quick convo. with an attorney friend of mine that deals with trusts in Tx. The problem with any sort of Trust is that Trusts are can be valid or invalid across state lines...so you will have to check with a trust attorney in the state you are looking to move to, to verify that your trust is going to be OK in the state you are moving to.  Worst case is that you will have to create a new trust and transfer your goodies to it, that can be expensive especially if you have a lot of NFA toys in your trust, as well as attorney's fees.  You can't fire up another Legal Zoom trust and simply just transfer the items as most believe. Each of your items in your trust will require a new F4 and 200 bucks for the transfer from 1 trust to another.

I wonder if you could leave your trust in one state and 'move' the firearms to your new state each year on a 5320?

Correct.  Had the same conversation.

My problem is I am not sure what pro-Class III state I might end up in.  Gambling that I will return back to KY so trying to compare there against LA.  My attoney said he can do a Miss and LA trust but would have to look into it for elsewhere.

If the trust is valid, I believe that is the way it would work.  However I am curious how you would handle any engraved NFA items as they are now incorrect.  Anybody know from experience about that one?

Be more specific.  You have spoken to an atty, so what scenarios did he cover?

Is there any legal reson that the trust could not be amended to fit the new state's laws...even if that meant striking 99% of the content and rewriting it so that the same legal entity holds the items.


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The engraving is not incorrect. The engraving tells you who MADE the firearm, not who OWNS the firearm.

This.  When you Form 1, either through a trust or individual, the engraved entity is the Manufacturer of the item. (I certainly hope your Form 1 reflects this)

I got a lawyer that dealt with trusts and had him go through it and update what I needed for my new state, no need taking unnecessary chances.

He basically gave me the scenarios.
1. Sell all my Class III stuff and move
2. Move and leave the Class III stuff in a safe deposit box after changing address, form a new trust and transfer all the goodies
3. Trust is still valid and change all addresses with BATFE
4. Form a corporation to start with

Sorry that is right.  Wasn't thinking.

Out of curiosity, prior to VA what state were to in?

West Virginia

You can also talk to an attorney about re-stating or changing the trust if the new state has different requirements for trusts.  The applicability of which is obviously dictated by the state to which you will move

That's the 1st thing I would look at. It's a revocable living trust so changes can be made.

I'm in this situation...active duty mil...could be sent anywhere against my will.

1. Revocable Trust. If the state you are moving to is Class III, SBR, SBS, Suppressor friendly. Have the schedule A changed to reflect the new state for notary. Verbiage may need a change based on state requirements...but unlikely. This is property and the state will see it no differently with respect to the trust.

2. The engraving on the weapons should be simple like..."Your Name Revocalble Trust"...that's another reason trusts are a good route.

3. With a revocable trust you can also identify a co-trustee in the trust. Say a family member lives in a friendly state. You move to a state of 10 round mags, no folding stocks and evil bayonet lugs. The toys go to the family member, co-trustee, for security, not use.

Remember...the items belong to the trust...not you. You are simply the trustee...but have the authority to maintain/use the property listed in the Schedule A. The revocable trust can be changed. Remember...a BATFE Form 5310.20...IS NOT...required for intrastate transport of suppressors. Only DDs, MGs, SBSs, SBRs. Block 3 of the form indicates a permenant move...or temporary move of items.

Some good thoughts...although I presume you mean "interstate"––"intrastate" is within the same state, which of course you also don't need a form for transport within.  

Had the form in front of me...still screwed it up. Yes Sir! Interstate....

I planned on the revocable trust all a long but needed some info that the attoney provided.  Was given the same advice about the naming and engraving too.  Had planned to use the co-trustee to my advantage to cover myself - nice to hear it from another source though.

Usually if a trust is valid in one state it is valid in another.    I wouldn't do anything but send in a 5320.20 and note it is a permanent change of address.  Plus no one has standing to challenge the validity of the trust until you die.  The state won't just unilaterally come in a declare it invalid (in fact the state won't even know about it, because it doesn't have to be filed).

When I moved, I reran Quicken Willmaker to update my trust with the information of where I was moving, filled proper permanent change of address paperwork with ATF, and then filed for travel paperwork with ATF so I can take them back home if I wanted.

I have added items since I moved and have had no problems with anything.

Good to know it went well in your case.  I am really surprised more people haven't been in this situation.  I guess Class III toys require a stable income to enjoy to begin with hence little need to move...?