Armory Sponsor
Posted: 6/6/2006 1:16:39 PM EDT
| Why do you need to submit a citizenship form for a trust transfer? To confirm the trustee is a citizen? It doesn't make sense, but most of the rules don't. Any insight? |
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Correct. A trust or corporation must have at least one officer/trustee who is a U.S. citizen (or is a non-citizen who is otherwise qualified to own firearms in the U.S., under the criteria established by 18 U.S.C. 922(g)(5)(B), and that individual has to submit the citizenship form. |
Picky, picky. I edited my post. Happy now? 
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I am pretty sure you submitted your application before BATF started requiring them for legal entities such as trusts. Otherwise, I am pretty sure BATF made a mistake if they approved your transfer without one. The current 5330.20, which can be seen in .pdf form at www.atf.treas.gov/forms/pdfs/f533020.pdf , specifically asks for the name of the corporation, partnership or association if applicable. AFAIK, a trust falls within that definition of a legal entity, or BATF would not approve transfers to them. There really are no "loopholes" in the NFA approval process. There is sound reasoning behind not requiring CLEO signoffs, fingerprints or photos for legal entities as opposed to human entities, but all other BATF requirements are the same. YMMV. 
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When did that requirement start? I submitted a Form 1 earlier this year and did not have to fill out the citizenship form. |
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When did they start requiring them for trusts? I don't know the exact date. BATF added the Form 5330.20 Certificate of Compliance requirement for NFA transfers in 2002 and apparently did not initially explain it well to the examiners. So for the first year or two, individual transfers required them, but corporations depended on which examiner you talked to -- some wanted them, others said it was not neccessary. My own transfers are all corporate and since it's a simple form -- type your name and sign it -- I always included it regardless, rather than risk my application getting delayed if an examiner decided he/she did need one after all. When I sent in my most recent transfer in April, I downloaded a 5330.20 and noticed BATF had redesigned the form -- now, the first blank says: 1. Name under which the application was filed (Last Name, First Name, Middle Initial - or - Name of Corporation, Partnership, or Association, if applicable) When I asked an examiner about the change, he said it was now being required on all transfers. As CFFUTS23 says, the 5330.20 form itself does not really make a lot of sense -- you are simply swearing that you are a citizen, and that legal territory is more than adequately covered by the 4473 all buyers must fill out before taking delivery of an NFA item. I'll prowl around BATF's web site and see if they have posted anything about this. All I have right now is a verbal notice, and BATF is famous for changing the rules and not bothering to inform anyone. My approach to NFA applications is (1.) I have never heard of an application being delayed by sending too much paperwork, and (2.) it only takes 45 seconds to fill out and sign it, so I will include it rather than risk a delay. |
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Yup, totally worth the time to include it. Hell I included 2 filled out copies just for the hell of it. Not to mention articles of incorporation. Line #1. My LLC's name. Line #2. My name Signature Line: My name, Pres or President Had no problems, ha probably jinxed myself now. 
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Armory Sponsor