Questions on practical usage of a trust

[schmart]

Hello all. Absolute newbie regarding NFA trusts.

I'm seriously starting to consider purchasing a suppressor (or two) and have gotten confused about having a trust for them. I'm sure I do want a trust, just not sure the proper chain of events, and therefore have quite a few questions.

First, I'm married, have 3 kids, one of which is married but lives 3 hours away, one in college in KS, and one nearby. My overall goal is to keep all of them legal if they were to happen to possess the suppressor (or other NFA items I might find ). Finally, just to throw a major wrench in things, I work for a global company w/ headquarters in Illinois. Although I escaped once, it is highly likely that I could be drug back to that state before I retire. Therefore, a secondary concern is how to legally maintain ownership of said items if that were to happen, and before I retire and settle likely in Kansas.

My basic questions are:
I keep reading about the 41F ruling and some think it makes the trust not as worthwhile. Can someone explain this?
Precisely how would I add someone to a trust (eg, spouses when my youngest 2 get married). What about people that are out of state? Are fingerprints/background checks required?
How do I add additional items to the trust. I think the trust is listed on the NFA form 3. To pick it up, I understand a 4473 needs to be filled out, but by whom, myself or all trustees?
If I were to be relocated to Illinois (or other gun un-friendly location), is it permissible to house the NFA items in a safe, say at my mothers house in Kansas? I am legally part of her property trust so could claim real estate property ownership in Kansas if that matters.
Finally, what happens to the form 3 if I were to move while the form is being approved?

Thanks for your help in clearing this up. I'm certainly willing to read up on this if you could point me to a relevant article.

--Rick

 

[ljk]

Disclaimer: I'm not a lawyer, take it with a bucket of salt.

Trust makes perfect sense for your situation.

41F adds fingerprints and CLEO notification, it also removed CLEO sign-off.

You set up a "Trust" first before you buy. You are the owner of the "Trust", the Grantor.

You can buy as many suppressors as you wish, preferably at once, so you will be the only one needs to be fingerprinted.

You pay for the items, your dealer files paperwork to the NFA Branch.

Once they are approved, you can pick them up, your dealer may choose you run NICS on you upon pick up.

Now you have the possession of the suppressors.

Go get a piece of paper, now you can amend the trust by adding your wife, daughters, Son-in-Law's, grandkids, uncles, neighbors... as "Trustee". (Have your lawyer do it, mine was included in the initial cost, or do it yourself). The amendments need to be notarized. You can remove any of the Trustee as you wish.

The advantage of single person Trust is only you needs to be fingerprinted.

You can add trustees when you set up the Trust, but you all have to be fingerprinted and background checked. Assume everybody is proper person, it adds more processing/wait time, and FBI is known for making mistakes on background checks.

Once trustees are added, next time you want to add some NFA items, suppressors, SBR, or machinegun, everybody on that Trust needs to be fingerprinted, background checked again.

So going back to the beginning, buy all your stuff all at once and be done with it.

If you want more, setup another Trust.

Anybody on your Trust can possess the items as long as local law allows. Suppressors don't need extra paperwork when being carried cross state lines, others do.

 

[schmart]

Thank you. This clears things up! Now time to start researching the suppressors themselves.
--Rick

 

[BigRed3588]

I just recently set mine up through NFALawyers.com and I'd highly recommend going through them. You provide some information and they give you the paperwork with instructions on what to do with it by the next business day. They also set it up so that you are the only "responsible person," so your trustees won't have to be photographed, fingerprinted, etc... They really made it a piece of cake for a first timer.

Edit: Also wanted to add that they set it up so that it can be used for non-NFA weapons as well. I'm currently in the process of putting all of my firearms in the trust.

 

[Jeepfanatic]

Can SBRs held in a trust be taken across state lines without advance notice to LEO?

 

[IronsKeeper]

Can SBRs held in a trust be taken across state lines without advance notice to LEO?

Anything across state lines (except suppressors) is a no-go without advance planning.

But while this made me quite annoyed since we call our friends in Ohio "neighbors" at 4 miles away, I did learn the notification/permission to cross state lines is an annual deal. Hurts a little bit less. Still wrong, but.

Sent from my LM-G710 using Tapatalk

 

[IronsKeeper]

Thank you. This clears things up! Now time to start researching the suppressors themselves.
--Rick

The only thing I can add to what was posted above (I am also *not* a lawyer and this ain't legal advice) is absolutely do not add anyone to the trust while form 1, 4, whatever are pending. Until you have the tax stamp approved and take home the suppressors or other NFA items, you cannot add anyone.

Now, that's mentioned above but I needed it spelled out and wanted to do the same for others.

Sent from my LM-G710 using Tapatalk

 

[Blakec221]

I just recently set mine up through NFALawyers.com and I'd highly recommend going through them. You provide some information and they give you the paperwork with instructions on what to do with it by the next business day. They also set it up so that you are the only "responsible person," so your trustees won't have to be photographed, fingerprinted, etc... They really made it a piece of cake for a first timer.

Edit: Also wanted to add that they set it up so that it can be used for non-NFA weapons as well. I'm currently in the process of putting all of my firearms in the trust.

so you are saying if you set up the trust you can add trustees without having them go through the finger print and back ground check and they are legally allowed to have the irem without me being present?

 

[Rookie]

so you are saying if you set up the trust you can add trustees without having them go through the finger print and back ground check and they are legally allowed to have the irem without me being present?

Yup

 

[MCgrease08]

With a spouse & multiple kids (i.e. beneficiary and inheritance issues), the possibility of adding trustees across state lines, a potential move in the future ... I would recommend an attorney that can write you a trust specific to your needs.

I would not even consider a cookie cutter online trust unless you want to spend money modifying it down the road.

 

[Blakec221]

Yup

Really?... when I bought my suppressor the guy I was talking with told me that you could no longer do that so there was really no point in doing the trust. I’ll have to give this some thought before buying my second.

Sorry for highjacking your thread schmart

 

[Rookie]

The only time you'll have to finger print trustees is if you are applying for another stamp. After you receive the stamp, you can add/remove as you please. One "trick" people are using is to remove everyone (except for the primary) when getting a stamp, then adding people after.