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Posted: 5/7/2020 11:18:57 AM EDT
I’m wanting to start a trust for new NFA items. I live is MO, but the trustees(family) live in KS. I want to know if I can establish the trust with a trustee’s (father’s) address in Kansas with myself as the grantor...reason being I will be moving to Kansas in approx 2 years. Also, would I be able to buy SBRs and silencers with the trust is MO?

I understand that any advice would need to be discussed with an attorney....just seeing what you all think or if this has been done before?
Link Posted: 7/4/2020 11:55:11 PM EDT
[#1]
The following is simply the experience that I have had with an NFA Trust so please absorb this information as if it is nothing more than a grain of salt.

I think it is certainly advisable to to seek out an attorney to assist along the NFA Trust path. I did. It is not a terribly expensive process and my opinion is that it is well worth it. I do believe that some of the requirements of obtaining an NFA Trust and the information that trust members may have to provide have changed since I did mine, so my communication to you is simply summarizing my experience.

That said, when I dove into the NFA Trust arena about 10 years ago, after the trust was created I was buying NFA items during the time that I was moving between two states and to the best of my knowledge, it did not really matter. You create the trust where you live, add those individuals to the trust that you wish to be members wherever they live and start buying/selling NFA items once all of the requirements are met. I did correspond with the attorney while in the moving process, as i wanted to make certain that the trust would remain valid. It is as alive today as it was 10 years ago and still carries my original address from a different state than I currently live in.  

Be certain to obtain prior authorization to transport NFA weapons across state lines, I believe on form 20-5320.20.

I'll be more than happy to share any other experience I have had. Hope this helps.

Link Posted: 7/8/2020 1:31:19 AM EDT
[#2]
On interstate transport: Yup. Form 5320-20. Can be filed for any period up to 364 days (eg: 01-01-20 through 12-31-20). Required for all NFA items other than AOWs and suppressors.

On the Trust address: Different Trusts are worded different ways. Mine has never had a fixed address, only a declaration that it was governed by the laws of Vermont. That got changed such that I and the Trust share a common address, and it is governed by the laws of whatever state I find myself living in.

On purchasing toys in the state you don't live in: I don't know for certain, but I'm gonna guess no. The guess is predicated on the fact that you'll have to do a 4473 for some/most purchases. You can purchase a Title I long gun in another state under GCA '68. Handguns or frames/receivers, no. NFA,,, No bloody idea.

But... Any Trustee (responsible person) can purchase something on behalf of the Trust in their state. Including your out-of-state Trustees. IANAL, and all standard disclaimers apply.

---

edit due to Windows crash.  
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