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Posted: 10/25/2010 8:18:50 AM EDT
| So the other day I was talking to another ARFCOMmer and he said that with my trust I should be able to buy a suppressor from a SOT because I'm not the one buying the suppressor, my trust is the one buying the suppressor, therefore even if you're under 21 if you use a trust you should be able to buy from a SOT. Is this true? I want to get your opinions on it. (I already own one can, and have another at the ATF right now that were both instate form 4s) |
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There is a relatively strong statutory interpretation argument, IMHO, that trusts do not fall within the purview of the 1968 Gun Control Act's regulations. In the GCA, the term "person" is defined thusly:
§ 921 Definitions.
(a) As used in this chapter— (1) The term "person" and the term "whoever" include any individual, corporation, company, association, firm, partnership, society, or joint stock company. This language is NOT ambiguous (i.e. fairly susceptible of multiple interpretations), and nowhere in the language of the statute is there any indication that this list is anything but exclusive. Thus, looking at the language of the statute alone (which theoretically, pursuant to traditional rules of statutory construction, should control when there is no ambiguity), it would appear that trusts don't fall under the GCA's restrictions on the transfer of firearms by licensees (FFLs, etc.). HOWEVER, I am almost positive that a cursory review of Congressional records, committee reports and findings, debates, etc. would evince a clear intent by Congress to control exactly the type of situation you propose via the GCA. Furthermore, I wouldn't be surprised if some jurisdictions have reached the issue of whether a trust falls within the GCA's definition of "person." I can't help but get the feeling that many courts, if presented with the issue, would not hesitate to answer in the affirmative, given the GCA's [presumably] clear intent to expansively regulate the sale of firearms by FFLs. The best thing you can do is to conduct some research and see how courts may have interpreted 921(a)(1) of the GCA. After that, if it looks like courts haven't had occasion to answer the question that your situation poses, you could write a letter (or have an attorney write a letter) to the ATF asking for their opinion on the interpretation of 921(a)(1) as it relates to revocable living trusts. Or, you could simply try to buy an NFA item from a dealer, and attach to the Form-4 your reasoning as to why you think you are exempt from the age restrictions. Remember that you will still have to do a 4473 for any NFA firearm you buy, and I don't know whether FFLs are able / willing to do 4473s for trusts (although at the moment I see no reason why they shouldn't). ETA: One final thought: If I remember correctly, FOPA, like the GCA, omits trusts from its definition of "person." I HIGHLY doubt any court would ever find trusts exempt from the provisions of 922(o) and open up post-86 machineguns to everyone due to that technicality. Likewise, I fear that courts would be unwilling to give the GCA such a strict, limited construction. They could simply claim there is an ambiguity in the statute, then open up the floor to arguments concerning legislative intent (which you would almost certainly lose). |
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Quoted:
So the other day I was talking to another ARFCOMmer and he said that with my trust I should be able to buy a suppressor from a SOT because I'm not the one buying the suppressor, my trust is the one buying the suppressor, therefore even if you're under 21 if you use a trust you should be able to buy from a SOT. Is this true? I want to get your opinions on it. (I already own one can, and have another at the ATF right now that were both instate form 4s) The person representing the business entity has to be 21+ to buy from an FFL/SOT. If you are under 21 you can buy NFA items from non-licensees OR build them aftter geting an approved form 1 back. |
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Quoted:
Where is the age thing shown in writing that 18 for form 1 or from an individual. I have a friend under 21 wanting to form 1 one but he was wanting to see it in writing first http://www.ar15.com/forums/topic.html?b=6&f=17&t=199928 |
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