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Posted: 9/12/2010 2:56:20 PM EDT
This question was asked on another forum that I occasionally frequent and I wanted to get you take on it. I understand that all replies are not legal advice. On to the question.

Would a non- US citizen on a revocable living trust be acceptable in regards to NFA weapons/items?
Link Posted: 9/12/2010 3:58:42 PM EDT
Since we're just speculating. If they can buy a class III item as an individual yes. If they could not buy a class III item as an individual then no.
Link Posted: 9/12/2010 4:33:29 PM EDT
[Last Edit: 9/12/2010 5:12:07 PM EDT by crapshoot]
Ok, but doesn't the actuall trust own the item and not the person? Is it required to be a US citizen to purchas NFA items via a trust? This person can't own certain NFA items where he lives but can own items that we can't with out special paperwork. So basicly, the item in question would have to stay In the states with someone else who is listed on th trust. Possible?
What about adding this person to an exsisting trust so they can use the NFA items while here in the US?
Link Posted: 9/12/2010 7:00:06 PM EDT
[Last Edit: 9/12/2010 7:12:41 PM EDT by JohnStoner]
Start putting people who can't legally own Class III items on an NFA trust and you're playing with fire. It could result in anything from a letter/call from the ATF to an invalidated trust or worse.

The trust does own the items, but the trustee(s)/grantor have to be able to possess said items. If the grantor can't legally purchase the item and a citizenship form can't be submitted there isn't a way to add it to the Schedule A in the first place. This is purely speculation, but if trustees are added that would not be allowed to purchase the item outright the ATF could come down on the trust/grantor.

Comparing foreign and domestic laws, i.e. our ownership vs his - wherever he doesn't "have to have special paperwork" - is a moot point. The fact it the BATFE regulates title I and title II items in the USA. States allow or disallow on a case by case basis. The laws are clear, if there is any doubt atf.gov is a good resource to further investigation.

I don't know how the ATF discerns between allowed ownership with citizen vs non-citizen. If the individual in question can legally purchase a suppressor as an individual, then they can be on the trust.

A trust or corporation could be set up so someone living here could own the items and the individual could use them when visiting. Though you are getting into straw purchase territory and consulting a versed gun/NFA lawyer is a good idea.

Link Posted: 9/12/2010 7:47:06 PM EDT
Agreed John. Just talking here and the ATF and or a versed attorney would definatly be contacted before anything would would be set in motion. Thanks for the conversation. Any others point of view would be appreciated.

Let's get out callin John. Let me know when you can get a fri/sat free.
Link Posted: 9/12/2010 8:10:13 PM EDT
Cool - sounds good. Probably be a few weekends away. I'll hit you up.
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