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Posted: 2/6/2009 3:50:57 AM EDT
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Ok - I did a Trust and have Schedule A. Of course since I am starting down the road to NFA goodness, there is nothing in Schedule A.
So - Form 4 and the Trust (copy) goes off to the ATF. No Schedule A included, as it's just extra paper at this point. Some time later, I am approved and I add the NFA item to Schedule A. Everyone is happy. Next thing I do is get another NFA item (naturally). I mail off the complete Trust (copy), but this time it has the first NFA item in schedule A. When I get NFA item #2 approved, do I add it to schedule A by handwriting it in (planning ahead by leaving additional blank spaces for adding items). OR Do I created another Schedule A, this time with both NFA items? OR Maybe ATF never gets a Schedule A? Naturally, the process will have to be repeated with subsequent NFA items (God willin' and the creek don't rise). Last: Besides Schedule A, the NFA item should not be noted anywhere else in the Trust, correct? |
| If anywhere is the trust document there is mention of a schedule it must be sent with your trust document. I found it easiest to put something in the schedule, anything with a serial number. Many things have serial numbers, even Emerson knives. Each time my schedule is updated I type in the new item and then fill out the transfer of property form and sign it. |
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If anywhere is the trust document there is mention of a schedule it must be sent with your trust document. I found it easiest to put something in the schedule, anything with a serial number. Many things have serial numbers, even Emerson knives. Each time my schedule is updated I type in the new item and then fill out the transfer of property form and sign it. So you have something like this? Item #1 TAC Supressor Serial #XXXX Item #2 [reserved for future use] Item #3 [reserved for future use] |
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If anywhere is the trust document there is mention of a schedule it must be sent with your trust document. I found it easiest to put something in the schedule, anything with a serial number. Many things have serial numbers, even Emerson knives. Each time my schedule is updated I type in the new item and then fill out the transfer of property form and sign it. So you have something like this? Item #1 TAC Supressor Serial #XXXX Item #2 [reserved for future use] Item #3 [reserved for future use] If you have the TAC supressor then it should be included in the schedule (ie you have the approved form 4 in your hand). If you do not have any NFA items yet and this is your first item then just transfer something else into the trust. I chose to put in my suppressor host. I don't think the future use items are needed. |
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If anywhere is the trust document there is mention of a schedule it must be sent with your trust document. I found it easiest to put something in the schedule, anything with a serial number. Many things have serial numbers, even Emerson knives. Each time my schedule is updated I type in the new item and then fill out the transfer of property form and sign it. So you have something like this? Item #1 TAC Supressor Serial #XXXX Item #2 [reserved for future use] Item #3 [reserved for future use] If you have the TAC supressor then it should be included in the schedule (ie you have the approved form 4 in your hand). If you do not have any NFA items yet and this is your first item then just transfer something else into the trust. I chose to put in my suppressor host. I don't think the future use items are needed. Huh - then how do you add item #2 to Schedule A when you buy item #2 ?????? |
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I just filled out the transfer of property form and then added item 2 under item 1 after I received my approved form. When you say "added it" HOW did you add it? Why would anything need to be in the trust before you actually get a form 4 approved? Seems silly putting a non-NFA item in. ETA: added it by writing it in OR printing a new schedule A OR filling in a previously blank space reserved for future items????? |
| Another word of caution. I am not sure how you set up your trust, but some software programs create more than just schedule A. If you have any other schedules mentioned in your trust document you must send those into the ATF as well. If not some examiners will request them. |
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Now I'm confused... I thought you had to buy the item, then add it to the Sch. A and send that in to get approved. If not, what is the ATF approving? I just bought an Outback II and will be sending my paperwork in next week. I was gong to add it to the Sch. A listing the suppressor and the seriael number. I thought that was the only way to get approved. Am I wrong?
Jeremy |
| So far my experience is with form 1's so I owned the lower before it was an NFA item and it was in the schedule before it was an NFA item. My dealer handled the schedules for my pending suppressor, but I do not believe that he put the suppressor into schedule A. I think that it does not go into the schedule until you have the approved form. |
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Another word of caution. I am not sure how you set up your trust, but some software programs create more than just schedule A. If you have any other schedules mentioned in your trust document you must send those into the ATF as well. If not some examiners will request them. Self Drafted, just Schedule A |
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Now I'm confused... I thought you had to buy the item, then add it to the Sch. A and send that in to get approved. If not, what is the ATF approving? I just bought an Outback II and will be sending my paperwork in next week. I was gong to add it to the Sch. A listing the suppressor and the seriael number. I thought that was the only way to get approved. Am I wrong? Jeremy Looks like a lot of confusion; I was told it (the NFA item) does NOT go on Schedule A until after it is approved. Taking that into account, I put the host weapon on Schedule A and left lots of blank space to add the NFA item I am getting as well as many more in the future (hope springs eternal). Like this: Schedule A
1. Walther P22 Serial # 999X999 Bottom line, we will have to use the trial and error method. I was told it may set you back a week if the Trust is not to ATFs liking. All I know is I am sending in the paperwork and seeing what happens. Run it up the flag pole and see who salutes 
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After you pay for the NFA item you own it. Not the seller nor the transfer dealer, you own it. And since you own it you can assign it to your trust. You just can't take possession of it until the Form 4 is approved.
My Scedule A submitted to BATF with the Form 4 (approved on 21 Jan 09) included my RLL that was to be transfered from my dealer to me. It was approved with no problems, delays, or questions from the examiner. |
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After you pay for the NFA item you own it. Not the seller nor the transfer dealer, you own it. And since you own it you can assign it to your trust. You just can't take possession of it until the Form 4 is approved. My Scedule A submitted to BATF with the Form 4 (approved on 21 Jan 09) included my RLL that was to be transfered from my dealer to me. It was approved with no problems, delays, or questions from the examiner. Thanks for the input, but you are answering a question not in the OP. Not trying to be a dickhead, but please do look at the OP - it concerns Schedule A and how to add subsequent items. |
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After you pay for the NFA item you own it. Not the seller nor the transfer dealer, you own it. And since you own it you can assign it to your trust. You just can't take possession of it until the Form 4 is approved. My Scedule A submitted to BATF with the Form 4 (approved on 21 Jan 09) included my RLL that was to be transfered from my dealer to me. It was approved with no problems, delays, or questions from the examiner. Thanks for the input, but you are answering a question not in the OP. Not trying to be a dickhead, but please do look at the OP - it concerns Schedule A and how to add subsequent items. It's in response to a subsequent post in this thread. To add items to your schedule A you do an assignment of trust and you either pen the item in or redo the Schedule to include the new item. |
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This topic has been covered two or three times in the last week. Use the search to find those threads for additional information.
And go here: http://blog.princelaw.com/2009/1/21/recordkeeping-and-identification-of-trust-property-in-a-gun-nfa-trust |
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Thanks for the link. Looks like the item goes on Schedule A after the ATF approves the transfer.
1. When must a trustee record a new asset on the Assignment of Property or Schedule A? A trustee must record any and all firearms that are transferred to the trust on the day that they are transferred. Since the firearm is not “transferred” until the BATFE approves the transfer, upon receipt of the approved Form 1 or Form 4, the trustee should immediately add the newly transferred firearm to the Assignment of Property or Schedule A and include the serial number of the weapon. Again, IMO - the ATF is not really up to par on processing these Trust related documents. Chad says put it on, the article says leave it off. Common sense (not very useful dealing with gun laws) tells me the latter should be the case. It's not my property to transfer until after the ATF approves the transfer to me as an individual, so I can then transfer my property to the Trust; consequently, it should be added to schedule A after the receipt of the approved Form 4 and tax stamp. |
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