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Posted: 3/27/2021 12:20:08 AM EDT
SBRs and Suppressors.

Do they have to file finger prints and photos? How old to they have to be to take possesion?

Not planning on dying but kids are getting close to college age.
Link Posted: 3/27/2021 12:24:08 AM EDT
[#1]
I have no specifics on the law, but they’re going to be banned. They will not be transferable imho. Registration of any NFA item is insane to me in today’s climate.
Link Posted: 3/27/2021 12:30:08 AM EDT
[#2]
Quoted:
SBRs and Suppressors.

Do they have to file finger prints and photos? How old to they have to be to take possesion?

Not planning on dying but kids are getting close to college age.
View Quote

Read your trust - it will say what happens, exactly. They can all be very, very different. If it's a common trust like the silencershop ones, then someone else who has the same trust language may be able to give you specifics, but otherwise you're gonna have to read your particular trust.

Some trusts dissolve when the grantor dies and the assets are distributed as the language of the trust directs. In other instances, a successor trustee takes over, and the trust keeps going. Again depending on how it's written, the trust may be able to have new trustees added or removed by a successor, or it might become irrevocable on the death of the grantor.

Persons have to be 18 to take possession, unless your state's laws (or theirs if it's different from yours) require them to be older.
Link Posted: 3/27/2021 10:52:59 AM EDT
[#3]
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Quoted:
I have no specifics on the law, but they’re going to be banned. They will not be transferable imho. Registration of any NFA item is insane to me in today’s climate.
View Quote


They were all registered years ago.
Anything could be banned at anytime. That's really not helpful.
Link Posted: 3/27/2021 10:56:24 AM EDT
[#4]
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Quoted:

Read your trust - it will say what happens, exactly. They can all be very, very different. If it's a common trust like the silencershop ones, then someone else who has the same trust language may be able to give you specifics, but otherwise you're gonna have to read your particular trust.

Some trusts dissolve when the grantor dies and the assets are distributed as the language of the trust directs. In other instances, a successor trustee takes over, and the trust keeps going. Again depending on how it's written, the trust may be able to have new trustees added or removed by a successor, or it might become irrevocable on the death of the grantor.

Persons have to be 18 to take possession, unless your state's laws (or theirs if it's different from yours) require them to be older.
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Quoted:
Quoted:
SBRs and Suppressors.

Do they have to file finger prints and photos? How old to they have to be to take possesion?

Not planning on dying but kids are getting close to college age.

Read your trust - it will say what happens, exactly. They can all be very, very different. If it's a common trust like the silencershop ones, then someone else who has the same trust language may be able to give you specifics, but otherwise you're gonna have to read your particular trust.

Some trusts dissolve when the grantor dies and the assets are distributed as the language of the trust directs. In other instances, a successor trustee takes over, and the trust keeps going. Again depending on how it's written, the trust may be able to have new trustees added or removed by a successor, or it might become irrevocable on the death of the grantor.

Persons have to be 18 to take possession, unless your state's laws (or theirs if it's different from yours) require them to be older.


I am aware of local laws and what my trust says, more needing to know if ATF has any regs on this. not able to find any.

I know added trustees have to get prints/photos/background check...just not sure what rules beneficiaries have to follow if they were too young to be added as trustees when the trust was made.
Link Posted: 3/27/2021 11:50:58 AM EDT
[#5]
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Quoted:


I am aware of local laws and what my trust says, more needing to know if ATF has any regs on this. not able to find any.

I know added trustees have to get prints/photos/background check...just not sure what rules beneficiaries have to follow if they were too young to be added as trustees when the trust was made.
View Quote


Trust laws normally are regulated at the state level, so the ATF doesn't have any real "regs" on this. This is why you really need to reference your state laws and the trust.

"Normally" upon death, the next trustees would take possession of the NFA items. As the trust already owns the items, no additional paperwork is needed. If no trustees exist, then it would be transferred to the beneficiary. This could be a person or entity designated by the trust or the state. My trust in particular also has a section regarding beneficiaries under the age of 21, where the trust would still maintain ownership of the item until the beneficiary is 21.

As far as the ATF goes, transfers to beneficiaries are tax free on a form 5. The trust could also sell the items on a form 4.
Link Posted: 3/27/2021 1:48:09 PM EDT
[#6]
Post above nailed it
Link Posted: 3/27/2021 1:59:54 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


I am aware of local laws and what my trust says, more needing to know if ATF has any regs on this. not able to find any.

I know added trustees have to get prints/photos/background check...just not sure what rules beneficiaries have to follow if they were too young to be added as trustees when the trust was made.
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Quoted:
Quoted:
Quoted:
SBRs and Suppressors.

Do they have to file finger prints and photos? How old to they have to be to take possesion?

Not planning on dying but kids are getting close to college age.

Read your trust - it will say what happens, exactly. They can all be very, very different. If it's a common trust like the silencershop ones, then someone else who has the same trust language may be able to give you specifics, but otherwise you're gonna have to read your particular trust.

Some trusts dissolve when the grantor dies and the assets are distributed as the language of the trust directs. In other instances, a successor trustee takes over, and the trust keeps going. Again depending on how it's written, the trust may be able to have new trustees added or removed by a successor, or it might become irrevocable on the death of the grantor.

Persons have to be 18 to take possession, unless your state's laws (or theirs if it's different from yours) require them to be older.


I am aware of local laws and what my trust says, more needing to know if ATF has any regs on this. not able to find any.

I know added trustees have to get prints/photos/background check...just not sure what rules beneficiaries have to follow if they were too young to be added as trustees when the trust was made.


Have you looked at the form 5 that this would transfer to a beneficiary under? Your questions might be answered in the instructions for the form.
Link Posted: 3/27/2021 2:13:47 PM EDT
[#8]
I always thought ONE of the main reasons to have a NFA trust was so the possesor (the trust) never dies so grandfather laws would not apply.
I was reading my trust and noticed that it does in fact terminate upon my death and the items should be transferred to the beneficiaries.

So Im a little annoyed and should have noticed that tidbit but there were other things going on.

My trust is from a well known guy in NFA trusts.

Should I ammend the Trust?
Can I ammend the trust?
Link Posted: 3/27/2021 4:26:37 PM EDT
[#9]
Link Posted: 3/27/2021 6:17:27 PM EDT
[#10]
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Quoted:


I know added trustees have to get prints/photos/background check...just not sure what rules beneficiaries have to follow if they were too young to be added as trustees when the trust was made.
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No, pics and prints are not required to add trustees. Pics and prints are only required for all trustees when new NFA items are added to the trust. It's fine to remove all the trustees but one, submit new items, then add the other trustees back after the transfer is approved.

Only if the trust dissolves is transfer paperwork to the beneficiaries required and that should be tax free on form 5, which also doesn't require prints and pics.
Link Posted: 3/27/2021 6:35:05 PM EDT
[#11]
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Quoted:

No, pics and prints are not required to add trustees. Pics and prints are only required for all trustees when new NFA items are added to the trust. It's fine to remove all the trustees but one, submit new items, then add the other trustees back after the transfer is approved.

Only if the trust dissolves is transfer paperwork to the beneficiaries required and that should be tax free on form 5, which also doesn't require prints and pics.
View Quote


Just one point of clarification. The transferee, whether an individual or entity, would still need to submit prints, pics, and RPQ (depending) for the form 5 transfer.
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