NFA TRUST FAQ's

[DanVoils]

Just want to ensure I understand the comments from maverick and Kirk Freeman.

Based on comments above, ATF may soon change its rules negating the benefits of having a gun trust. Did I understand that correctly?

If this is the case, it seems wise to delay forming the trust until we are sure the changes will not take place. Correct?

Or go ahead and get the trust and file any forms you think you will want in the future. My understanding is that 41P will not be retroactive and will only affect future transactions.

 

[mk2ja]

These questions might be outside your normal realm of expertise, but I'm hoping you kind folks at least have some insight on how this might work with multiple states involved.

Is there any issue with creating a trust with trustees who reside in different states?

In my case, I'm active duty military living on orders in a state that is not my state of legal residence: should I get a lawyer from my state of duty station or from my state of legal residence, or does it even matter?

If I were to get orders to a state with unfavorable laws, would it benefit me to have weapons owned by a trust since possession could switch to a trustee who isn't going to that state without executing a sale or legal transfer?

Would it be any different handling NFA versus non-NFA items in such a circumstance? (I have no NFA items at this time, so I would have them initially purchased by the trust should any be acquired.)

Thanks for any input you've got!

 

[historian]

I have a question about trusts. I will (eventually) be building a 300BLK SBR. I will trust it up so that my wife and children can have it if/when I go the way of the dodo. How old do children have to be to be on the trust? I understand they cannot possess the rifle until they reach age, but I'd rather have them on from the get-go so I don't have to amend later.

Thanks!

 

[jd4320t]

My daughter is on mine and she's 14.

 

[SteveM4A1]

Trustees need to be 21. Any age for beneficiaries.

 

[chef1231]

I have a both my children on my trust and one is still in Huggies.

 

[paintman]

yep. I put my wife, myself and a friend as tustees and my kids that are both under 5 as a beneficiaries.

 

[dsol]

Well this has helped prompt me to contact Marc. I hope to understand the differences between what he can create vs one of the cheapie $100 online trusts. I simply want to be able to efile for a form 1 to make the process faster. The first suppressor I bought took over nine flipping months for the stupid paperwork to clear the ATF.

 

[Rotten Apple]

Following. All great information so far!

 

[Gluemanz28]

Well this has helped prompt me to contact Marc. I hope to understand the differences between what he can create vs one of the cheapie $100 online trusts. I simply want to be able to efile for a form 1 to make the process faster. The first suppressor I bought took over nine flipping months for the stupid paperwork to clear the ATF.

You get a very knowledgeable person that is an expert in NFA Trust to talk with for ever. Marc is the real deal.

He will also make adjustments as life changes for a ridiculously small fee for ever.

It will be the best money spent for NFA items.

 

[Ryninger]

If trustees are listed, would I need to submit their fingerprints and photos with each purchase?

 

[Trigger Time]

My trust is pre-41P thank goodness.

Since I was grandfathered in am i not subject to the new 41p rules for adding and removing trustees without having them fingerprinted and photod?
So example. Can I today 4/18/19 add a new trustee and not have to have him fingerprinted, photod, background checked? Since my trust was created pre-41p?

And if YES,
Does that only apply to all of the NFA items that were on my trust pre-41p? Or if I add a new suppressor tomorrow 4/19/19 to my pre-41p trust do I have to now get anyone on my trust fingerprinted and photod and background checked? Or No, the old rules apply for my trust?
Thanks in advance

 

[schmart]

In Feb, I asked a similar question and got tons of feedback. Thread here: https://www.indianagunowners.com/forums/class-iii-nfa/465726-questions-practical-usage-trust.html

Based on that thread, and further research, it is my understanding that fingerprints are now only required when an item is added to a trust (i.e. you purchase another suppressor). At that point, everybody allowed by the trust (owner and trustees) must be fingerprinted. However if you are not adding an item, then you can add and remove trustees at will without any fingerprinting.

Please note I am not a lawyer, I don't even pretend to be one, and I haven't stayed in a Holiday Inn for YEARS!
--Rick

 

[Hotrod29]

My trust is pre-41P thank goodness.

Since I was grandfathered in am i not subject to the new 41p rules for adding and removing trustees without having them fingerprinted and photod?
So example. Can I today 4/18/19 add a new trustee and not have to have him fingerprinted, photod, background checked? Since my trust was created pre-41p?

And if YES,
Does that only apply to all of the NFA items that were on my trust pre-41p? Or if I add a new suppressor tomorrow 4/19/19 to my pre-41p trust do I have to now get anyone on my trust fingerprinted and photod and background checked? Or No, the old rules apply for my trust?
Thanks in advance

That's not how any of this works

 

[Trigger Time]

That's not how any of this works

well that's not helpful in the slightest. Please elaborate and help the class.
I was asking questions, not stating any facts

 

[Hotrod29]

well that's not helpful in the slightest. Please elaborate and help the class.
I was asking questions, not stating any facts

Regardless of when the trust was established, you still fall under 41P regulations. There is no grandfathering clause.

Under 41P you can add or remove people from a trust whenever you want without any notification to the ATF. *Unless you have stamps pending. If you add someone to your tryst while stamps are pending you must send in a responsible person questionnaire and the updated trust for that stamp only.

 

[Punkinhead]

Any suggestions for an attorney in Hamilton or Howard County to modify an NFA trust? I have a few items in a trust set up using an online service which I now regret as a false economy. I'd like to modify/rewrite the trust with a local attorney.

 

[MCgrease08]

Guy Relford is in Carmel.

Marc Halata gets a lot of recommendations here, but not sure what county he is in.

 

[Rookie]

Marc Halata is not in Howard county, but I am and I have no regrets using him. Last time I checked, Guy Relford doesn't do trusts.

 

[MCgrease08]

Marc Halata is not in Howard county, but I am and I have no regrets using him. Last time I checked, Guy Relford doesn't do trusts.

Guy does do trusts. $400 flat fee.

The Law Offices of Guy A. Relford