Armory Sponsor
Posted: 8/27/2009 12:41:13 PM EDT
|
Anybody have an answer for me on this? A class III dealer told me this morning that he just talked to the director of one of the branch offices and was told that a schedule A did not need to accompany the trust when using the trust route for a form 1 or form 4. does this sound legit, or what? |
|
Quoted:
Anybody have an answer for me on this? A class III dealer told me this morning that he just talked to thedirector of one of the branch offices and was told that a schedule Adid not need to accompany the trust when using the trust route for aform 1 or form 4. does this sound legit, or what? Umm, as far as I know you should include it. And if you're going to Form1 an SBR you should already have the existing lower/receiver/rifle in the Schedule A (there is another thread around here from yesterday discussing this). |
|
The problem is that there are no regulations, yet, on trusts and what must accompany an application where the entity is a trust. In the NFA Handbook (pg 60 (Pg 72 pdf)), it specifically states,
"When an ATF Form 4 or Form 5 application is submitted to transfer a firearm to a partnership, company, association, trust, estate, or corporation (collectively, an entity), the transferee entity must be identified on the Form 4 using the complete, formal name of the entity, along with the entity’s street address, city, and state. The Form 4 or Form 5 must not include an individual’s proper name, unless the proper name is a part of the entity’s name (e.g., The Irrevocable Trust of John Doe, John Smith, Inc., etc.). ATF requires that the Form 4 or Form 5 include documentation evidencing the existence of the entity. This documentation would include, without limitation, partnership agreements, articles of incorporation, corporate registration, a complete copy of the declaration of trust, schedules or attachments referenced in the trust, etc. If the firearm being transferred is a machinegun, short barreled rifle, short barreled shotgun, or destructive device and the transfer is from an FFL, a person authorized to act on behalf of the entity must complete item 15 of the Form 4 and Form 5." As you can see from the above, the BATFE has specifically stated that "a complete copy of the declaration of trust, schedules, or attachments referenced in the trust, etc." |
|
When i sent out my Form 4s, my assignment of property somehow didn't make it with the rest of my trust. I received a letter from my examiner requesting a copy of the assignment of property. Once I faxed the copy, the Forms were approved 2 days later and received by my dealer the following week.
This makes me think that they need it, unless it is purely on a examiner to examiner level. I will make sure that there is a copy of EVERYTHING along with my forms from here on out though, just to make sure there aren't any delays in future transfers. Mike |
Armory Sponsor