Armory Sponsor
Posted: 6/29/2009 9:26:07 PM EDT
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WTF? The BATFE just sent back a Form 4 for my LWRC SBR because I did not include a Schedule A with my NFA Trust docs.
I've never included a Schedule A and have accumulated all my Title 2 weapons for this trust since this particular Form 4 was sent in, therefore the Schedule A would have been blank. Do I need to submit a Schedule A with just the header and nothing on it? Do I need to list the weapons now in possession of the Trust? What does a completed Schedule A look like? |
| Unfortunately, the answer is that it may be somewhat examiner specific, as well as, state specific. For instance, in some states, such as California, your Schedule A MUST be notarized any time a new asset is added. However, in the past, the BATFE has stated that while you can "redact" (completely cover) any non-NFA items on your Schedule A, they want you to show the NFA items. I don't believe this is necessary for BATFE's purposes (may be necessary for your state's statutory purposes), so I continually send mine in blank. HOWEVER, as a caveat, you have to understand that there needs to be *some* listing somewhere for the trustee to determine what firearms the trust owns upon your death. Thus, what I do, is keep a copy of each approved Form to the Trust in a folder with my trust. I also keep an electronic copy of my trust, along with electronic copies of the approved Forms. That way, if anything should happen, my trustee (or court appointed trustee (always remember it is possible for you and your trustee to die together or for your trustee to die before he/she has distributed the assets)) can determine what NFA items are owned by the trust. All non-NFA items have to be listed on a Schedule A or similar listing, unless there is some proof that ownership has been transferred to the trust (AKA if you transferred a car, the title being in the trust's name, like the NFA item being in the trust's name, would be sufficient; BUT a non-NFA item would be virtually impossible to show transferred ownership to the trust). |
| IANAL, but my trust was set up by a probate attorney who specializes in that field. He advised me that Florida trusts have to be funded in order to be valid, so my Schedule A lists "$10 USD" as an asset. I have always sent in my Schedule A with the rest of the trust paperwork to ATF and have not had a problem. |
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I contacted the exaiminer today. She didn't really care what the Schedule A had on it...as long as I provided one.
I asked if she'd like to see all the NFA items that, by now, had been acquired by the Trust. She asked that I list just them. As for funding; I use a Trust account and buy every item with the Trust credit card or Trust checks. I don't list the Trust account balance on the Schedule A or the account for that matter. Good news: She let me fax the updated Schedule A to her...the LWRC should be coming home soon. For now, I 'm headed to Pompano to see Vito about a Form 4 PS-90 SBR that we just got the stamp back for... The collection grows! 
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