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Posted: 5/22/2020 12:48:34 AM EDT
I have an old trust from 2010, with a SBR, I've been out of the country for a few years, and recently read something about "atf 41f", I have a few questions regarding this new ruling, and the effects on my old Trust.

1st, is my old trust still valid?
2nd, if valid, and I decided to add a Suppressor to it, do I have to go by the new rules?
3rd, my Trust is from Florida, where my SBR is, I've recently moved to Texas, what do I need to do in order to bring my sir from FL to TX?

thanks in advance.
Link Posted: 5/22/2020 1:01:06 AM EDT
[#1]
Quoted:
I have an old trust from 2010, with a SBR, I've been out of the country for a few years, and recently read something about "atf 41f", I have a few questions regarding this new ruling, and the effects on my old Trust.

1st, is my old trust still valid?
2nd, if valid, and I decided to add a Suppressor to it, do I have to go by the new rules?
3rd, my Trust is from Florida, where my SBR is, I've recently moved to Texas, what do I need to do in order to bring my sir from FL to TX?

thanks in advance.
View Quote

1 yes
2 yes
3 file a 5320.20 for a permanent move to your new address in TX. The firearm can live in a different state than that in which the trust was formed.
Link Posted: 5/22/2020 1:17:30 AM EDT
[#2]
Thank you for your reply, do you think, I should leave the old trust, as is, with only the sbr, and make a brand new one for the suppressor?
Link Posted: 5/22/2020 1:34:46 AM EDT
[#3]
If it were me, I'd probably make a new one.

Save a new copy of the old one, change the name to something else (MiamiSniperTrust 2 or something like that) and you're done.
Link Posted: 5/22/2020 1:37:28 AM EDT
[#4]
thats what I'll do.

thans again
Link Posted: 5/22/2020 1:39:59 AM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If it were me, I'd probably make a new one.

Save a new copy of the old one, change the name to something else (MiamiSniperTrust 2 or something like that) and you're done.
View Quote


If he made a new one wouldn't he have to pay a $200 stamp to transfer his old SBR to the new trust since the trust is the owner of the original stamp?  Plus wait 12+ months.
Link Posted: 5/22/2020 1:50:06 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If he made a new one wouldn't he have to pay a $200 stamp to transfer his old SBR to the new trust since the trust is the owner of the original stamp?  Plus wait 12+ months.
View Quote

RIF

He's gonna leave the SBR on the old trust and make a new one to put the can on.
Link Posted: 5/22/2020 4:16:17 AM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

RIF

He's gonna leave the SBR on the old trust and make a new one to put the can on.
View Quote



that.
Link Posted: 5/22/2020 11:50:22 AM EDT
[#8]
If you don't have others who regularly use your NFA firearms, w/o you being present, there's no longer advantages to Trusts. They were great to get around the CLEO sign-off, pre 41F. Now, you need to do RP certs for all RP's.
Link Posted: 5/22/2020 3:35:57 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If you don't have others who regularly use your NFA firearms, w/o you being present, there's no longer advantages to Trusts. They were great to get around the CLEO sign-off, pre 41F. Now, you need to do RP certs for all RP's.
View Quote


You can always add trustees later with no requirement to submit prints after the fact.
Link Posted: 5/22/2020 8:51:27 PM EDT
[#10]
Circuits answer covered it

The only thing I would add to (2) is that even though the trust is still valid (because it's bound by the laws when and where you had it done) it may or may not be valid to use again where you are moving to (present time and place). Nothing to do with the new ATF rules. Trust laws aren't the same between states and they have changed over time

There is a push to have a uniform trust code. Florida is on board but Texas is not. Chances are there are not that many differences between the states trust laws and you could use the old trust again, but I'm not a lawyer so I can't really say
Link Posted: 5/23/2020 12:16:36 AM EDT
[#11]
again, I'm not familiar at all with "atf 41f" if I need to acquire a nfa firearm (sbr, can, aow, etc..) I no longer need a trust, company, or cleo sig? how do I go about it?
Link Posted: 5/23/2020 1:54:45 AM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
again, I'm not familiar at all with "atf 41f" if I need to acquire a nfa firearm (sbr, can, aow, etc..) I no longer need a trust, company, or cleo sig? how do I go about it?
View Quote

You never needed a trust or company to acquire an NFA firearm, but without a trust or company, you used to require a CLEO signature - so that was the first big advantage to a trust/company, pre-41F. Now neither an individual person, or a company/trust require a CLEO sig.

The other major advantage to a trust/company over a person is that more than one person can lawfully possess the item, by having them be a principal or employee of the company, or adding them to the trust as a trustee. That still pertains to trusts over individuals.

Finally, pre-41F, you did not need to submit fingerpints and photos with a trust/company, which was required for an individual filing. Post-41F that needs to be done for any "responsible persons" in a company, or trustees on a trust who are authorized to possess the firearms being so acquired. However, there's a loophole, in that persons can be designated as responsible after approval, or removed from the trust prior to application and added again after approval, to get around that requirement. Properly done, just the one remaining responsible person or trustee at the time the application is made have to submit prints and pics.
Link Posted: 5/23/2020 2:57:15 AM EDT
[#13]
back when I did my trust, it was the only way, since I was in Miami, and all cleo's were commies and they did not sign. so basically the new law is almost the same, with the inclusion of the fingerprints and a photo?
Link Posted: 5/23/2020 10:45:39 AM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
back when I did my trust, it was the only way, since I was in Miami, and all cleo's were commies and they did not sign. so basically the new law is almost the same, with the inclusion of the fingerprints and a photo?
View Quote

Yes, with a trust you must now submit prints and pics for all trustees. Not a big deal if you're the only trustee. You must also submit a copy of the application to your local CLEO, but you're not required to get a signature - just send them their copy.
Link Posted: 5/23/2020 1:55:24 PM EDT
[#15]
so now, there will be an entire police force, with all my information, letting them know I have weapons? maybe that's not a problem, if I lived in Texas, but I live in Austin. Wonder why Trump didn't revoke this one?
Link Posted: 5/23/2020 3:08:55 PM EDT
[#16]
Link Posted: 5/23/2020 3:56:14 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Yes, with a trust you must now submit prints and pics for all trustees. Not a big deal if you're the only trustee. You must also submit a copy of the application to your local CLEO, but you're not required to get a signature - just send them their copy.
View Quote
To clarify, the notification has to be sent to one of the designated CLEOs, which include various state level officials and not just your local sherriff of chief of police.
Link Posted: 5/24/2020 3:27:55 AM EDT
[#18]
Ok, so, do I send it to any state agency, do I need to send it signature required?
Link Posted: 5/24/2020 3:50:50 AM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Ok, so, do I send it to any state agency, do I need to send it signature required?
View Quote

First class mail will do. State AG is probably in Austin, too - so see if the head of DPS is based elsewhere...?
Link Posted: 5/24/2020 10:22:44 AM EDT
[#20]
... or a ‘representative of the CLEO’... which has been successfully argued as even a Sergeant of that department/office.
Our Sheriff used to run the applicant through NCIC for due diligence years ago, when he was signing them, now they go straight to the shredder.
Write ‘attn: NFA notice’ on your envelope and it probably won’t even get opened, YMMV.
Link Posted: 5/27/2020 1:18:48 AM EDT
[#21]
Thanks for all the info guys...
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