Armory Sponsor
Posted: 2/10/2009 8:44:41 PM EDT
| I have been reading on these topics of trust's and i am a bit confused. I am wanting to get a suppressor but have heard that my local sherif will not sign. What is a trust and how does one acquire one? |
| You fill out the documents, have them notarized, and you have a trust. You can use a lawyer to help fill out the documents, or you use a program like Quicken WillMaker to draw it up. Once you have the documents done and notarized it becomes a trust. Transfer the property to the trust, send a copy of the trust paperwork along with your form 1 or 4 to the ATF and wait for approval. I've got Quicken WillMaker, if you want to PM me the info needed I can put into a word document that you can take to get notarized. To be safe, if you don't use a lawyer to draw up the paperwork, its best to have one look it over to ensure its good to go. |
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I'm in a similar boat...I own a suppressor on an individual F4, but I forsee that being harder to get signed off in the future...
I have a copy of WM and started using it tonight. Is it a safe idea to approach this as an NFA-only trust? Most specifically, can I name it whatever I want? What about any signatures associated with that name? i.e.: If I call it "GhostRing Revocable Living Trust", do I have to sign it "GhostRing"? is that ok? Just wanted to check if I should have two trusts - 1 for NFA, 1 under my legal name for everything else... |
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Name it whatever you want, but keep in mind if you Form 1 anything, the trust name has to be engraved on it - and I've read that it's no longer acceptable to abbreviate anything.
You'd sign your name and with the word trustee afterword because you will list yourself as trustee of the trust. So it would be: "Ghostring, Trustee" NOT the name of the trust. There's a huge thread on here somewhere about trusts with a lot of good, and bad, information. They are pretty easy to understand, but they won't be tailored specifically for NFA items. You'd have to add verbage for NFA items if you felt the need to. I think you'd be fine without adding it, but be sure to keep instructions on the current NFA process with the trust and update it throughout the years so that your beneficiary knows how to handle the items and the NFA process at the time. I'm not a lawyer, this is just what I've learned from others. |
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I want the name on my NFA paperwork to match the name on my driver's license as much as possible, so if my name was Alfred E. Neuman, I'd name my trust the Alfred E. Neuman Revocable Living Trust.
If I didn't want to engrave all that on an NFA weapon, I'd find a type 07 FFL / class 2 SOT willing to register it on a Form 2, and transfer it back to me on a Form 4. |
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You can use Quicken willmaker to create a trust. However its a basic trust and you won't have someone to answer questions about the trust or the NFA paperwork if there is an issue. Or, you can hire a lawyer to do a trust for you. I have prepared numerous trusts for Texas members. I am more expensive that Quicken willmaker, but I also take your calls and answer your quesitons and help you with form 1s. As far as the name, I like to use the name of hte client in the trust. If the trust is for an individual, I like to use the first and last name trust. i.e. first Last trust. If the trust is for a married couple, I like to use the last name family trust. SC |
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Quoted:
How does a trust enable someone to acquire NAF items? Under the National Firearms Act, Title 2 firearms –– MGs, SBRs, SBS's, suppressors, AOWS and DDs –– may be owned by and registered to either "natural persons" or recognized legal entities such as corporations, LLCs, associations or trusts. When a "natural person" submits an application –– a Form 1 to build or a Form 4 to make –– the application must be cosigned by the Chief Law Enforcement Officer (CLEO) of the jurisdiction in which he resides. The signature acknowledges that the CLEO knows of no reason why the applicant is prohibited from owning an NFA item. But in most states, CLEOs are not required to sign even if you are Mr. Spic-and-Span, and many CLEOs have a policy of refusing to sign for anyone. When a recognized legal entity submits an application, no CLEO signoff is required. No fingerprints or photo are required, either, because a legal entity has neither hands to print nor a face to photograph. When you create a legal trust and the trust, in turn, submits the application, the NFA item (if approved) belongs to the trust, not to you. It may be possessed by the individuals named in the trust paperwork, but it still is the property of the trust itself. HTH. |
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One thing to check on, and it kind of bit me, is your states rules on NFA items.
In Missouri, a FFL is a requirement and a C&R qualifies. But the TRUST does not have a C&R, I do. So it wouldn't fly in my state. A corporation could, if the corporation had the C&R, but a trust can't get a C&R. I was informed that that's the case, but am willing to be corrected. So I had to resubmit as an individual. Not a big deal as the CLEO had no issues, but that certainly varies from location to location. 
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