Gun Trusts Recommendation

[Unckebob]

I am going to Form 1 a SBR and would like to set up a gun trust for it. All my other trusts are "One Shot" trusts set up through Silencer Shop.

As an attorney I know these trusts are simply forms that need to be filled out. I can do that if I have the right forms.

 

[Unckebob]

I am going to Form 1 a SBR and would like to set up a gun trust for it. All my other trusts are "One Shot" trusts set up through Silencer Shop.

As an attorney I know these trusts are simply forms that need to be filled out. I can do that if I have the right forms.

 

[wesfromky]

If you are OK with paying SS the fee, you can do your form 1 through them - just check the box for a single shot trust.

ETA - they can't do the free stamps for the braces yet, but can handle normal form 1 - I did one last week through them.

 

[live2huntelk]

This is who Thunder Beast recommended

Home

50-state online NFA gun trusts prepared by a very experienced Texas NFA gun trust attorney and delivered instantly by email

www.guntrustguru.com

 

[98XJRC]

As an attorney I’d imagine it would be fairly simple for you to do yourself. With that said I used NFAlawyers.com cost me $99 for the trust. They also provided me with the sheet needed stating that while applying for the item that only the originator of the trust was active. Actually a pretty comical sheet.

 

[Will_m]

Those trusts aren’t worth it anymore. They closed the loophole that allowed one person to undergo all the background checks/fingerprinting while all the other people could legally possess it simply by virtue of being beneficiaries.

Of course, if that’s not the reason you are doing it, disregard my comment.

 

[Unckebob]

Those trusts aren’t worth it anymore. They closed the loophole that allowed one person to undergo all the background checks/fingerprinting while all the other people could legally possess it simply by virtue of being beneficiaries.

Of course, if that’s not the reason you are doing it, disregard my comment.

I just want to make sure I can have my wife can deal with it if something happens to me.

 

[Gadjet]

Those trusts aren’t worth it anymore. They closed the loophole that allowed one person to undergo all the background checks/fingerprinting while all the other people could legally possess it simply by virtue of being beneficiaries.

Of course, if that’s not the reason you are doing it, disregard my comment.

When did this change? I ordered a couple suppressors through SC in November and they told me that I was the only one that needed to have background checks and fingerprints done.

 

[hydro4570]

Following this thread I have a 12” 6.8 AR that I’d like to leave to my son

 

[98XJRC]

When did this change? I ordered a couple suppressors through SC in November and they told me that I was the only one that needed to have background checks and fingerprints done.

When 41F went into effect which was 5-6 years ago. There is a way to circumvent that thought by adding an additional form to your paperwork essentially stating that the person applying is the only active individual on the trust during the application process. If I could find my trust paperwork I’d add a photo of the form I used for my suppressor.

In simple terms it said that only I was applying, but once approved anyone in my trust would have access again. I didn’t have any issues during the application process with it.

 

[whoami-72]

My lawyer custom made mine....... I actually switched to an LLC so it would be multigenerational

 

[Nick992]

My LGS said that in 2016 they changed it so you can pass NFA items in a will.
So the trust is really just for people who want to be able to use the items without the 'owner ' present.


Lawyers definitely feel free to fact check me. I took the LGS word for it

 

[Will_m]

When did this change? I ordered a couple suppressors through SC in November and they told me that I was the only one that needed to have background checks and fingerprints done.

2016, I believe the amendment is called 41f or something like that. I had an attorney with the ATF explain it to me because I was confused about it. Or, more particularly, people saying exactly what they told you.

It’s been a long time since I’ve done any gun trusts, but here’s a short article on it https://www.forbes.com/sites/ashlea...oophole-closed-background-checks-for-all/amp/

 

[Will_m]

When 41F went into effect which was 5-6 years ago. There is a way to circumvent that thought by adding an additional form to your paperwork essentially stating that the person applying is the only active individual on the trust during the application process. If I could find my trust paperwork I’d add a photo of the form I used for my suppressor.

In simple terms it said that only I was applying, but once approved anyone in my trust would have access again. I didn’t have any issues during the application process with it.

I would do your own research on this. I do not think it is correct. If your son did not go through the same approval process as you, he is not legally allowed to possess the NFA item. There’s a ton of misinformation out there on these things and something could have changed but I would strongly encourage you to do your own research. Most attorneys that do gun trusts don’t have a clue what they are doing, they are just copying some form someone sent them.

 

[Will_m]

My LGS said that in 2016 they changed it so you can pass NFA items in a will.
So the trust is really just for people who want to be able to use the items without the 'owner ' present.


Lawyers definitely feel free to fact check me. I took the LGS word for it

They changed it to close a back door that allowed people to possess an NFA item without doing a background check. You have always been able to pass it in a will, there’s just a separate set of forms to complete and more than likely the executor of your estate and attorney handling won’t have a clue.

 

[hillbillyfab]

When I setup my trust, I listed my wife as a co-trustee and our son as beneficiary. She had to jump through the same hoops I did. I too had a lawyer familiar with this process draw my trust up. Got all the I’d dotted and y’all crossed and uploaded it to SS. They accepted it and I’ve been adding items ever since through SS.

 

[Will_m]

It’s not that it won’t get approved. Assuming the trustees (who are the ones possessing the property) do the checks, it’s all good by atf. But if you put somebody as beneficiary, they don’t do the background check and then they go somewhere with the NFA item, they might as well be a random person with it.

 

[wesfromky]

My understanding is that you can amend the trust after your item is approved. You would add them as responsible parties, and they would not need to go through the background check.

How to Amend a Gun Trust

Utilizing a gun trust allows you to get the most use out of your NFA Collection. Learn how to amend NFA trusts in order to add and remove trustees and allow others to experience the joys of suppressed shooting.

www.silencershop.com

I would do your own research on this. I do not think it is correct. If your son did not go through the same approval process as you, he is not legally allowed to possess the NFA item. There’s a ton of misinformation out there on these things and something could have changed but I would strongly encourage you to do your own research. Most attorneys that do gun trusts don’t have a clue what they are doing, they are just copying some form someone sent them.

 

[Will_m]

My understanding is that you can amend the trust after your item is approved. You would add them as responsible parties, and they would not need to go through the background check.

How to Amend a Gun Trust

Utilizing a gun trust allows you to get the most use out of your NFA Collection. Learn how to amend NFA trusts in order to add and remove trustees and allow others to experience the joys of suppressed shooting.

www.silencershop.com

The issue as I understand it is that 41f prohibits that. By adding people to the trust without requiring them to undergo the background checks circumvents the rule and the amendment. The ATF wants a check on every single person who could possess the item. They aren’t looking over your trusts, though. You can have people on the trust without any power of possession, but they will definitely look at the trustee. People are all over the board with these rules as you can see. Some guy wrote a treatise on it that was pretty helpful, but I can’t remember the name of it.

As long as they go through all the hoops (ie fingerprints, background check etc the same as if they were applying for the item individually) it’s all good. You can amend it all you want. I only mentioned all of this because I know when I was doing these a lot of people missed the boat on the loophole. It was great while it lasted-one guy does all the fingerprinting approval stuff and then everybody on the trust gets to use the item. Unfortunately this created a way for people to posses an NFA item who may not otherwise be approved to possess it.

Of course, this is the Internet so don’t rely on what I say. Entirely possible I am wrong. But that being said, aren’t you paying that money to do completely right and not “is this close enough?”

Who knows how the ATF would enforce it. I’ve heard some agents threaten constructive possession: charging a family member for being in the same house alone with an NFA item. If somebody got caught with an NFA item and all they had was a trust which they never had to undergo a check to get on, would they be charged?

Who knows I mainly just get on here for memes.

 

[wesfromky]

The issue as I understand it is that 41f prohibits that. By adding people to the trust without requiring them to undergo the background checks circumvents the rule and the amendment. The ATF wants a check on every single person who could possess the item. They aren’t looking over your trusts, though. You can have people on the trust without any power of possession, but they will definitely look at the trustee. People are all over the board with these rules as you can see. Some guy wrote a treatise on it that was pretty helpful, but I can’t remember the name of it.

As long as they go through all the hoops (ie fingerprints, background check etc the same as if they were applying for the item individually) it’s all good. You can amend it all you want. I only mentioned all of this because I know when I was doing these a lot of people missed the boat on the loophole. It was great while it lasted-one guy does all the fingerprinting approval stuff and then everybody on the trust gets to use the item. Unfortunately this created a way for people to posses an NFA item who may not otherwise be approved to possess it.

Of course, this is the Internet so don’t rely on what I say. Entirely possible I am wrong. But that being said, aren’t you paying that money to do completely right and not “is this close enough?”

Who knows how the ATF would enforce it. I’ve heard some agents threaten constructive possession: charging a family member for being in the same house alone with an NFA item. If somebody got caught with an NFA item and all they had was a trust which they never had to undergo a check to get on, would they be charged?

Who knows I mainly just get on here for memes.

Another link - https://www.silencercentral.com/blog/guide-to-adding-a-trustee-to-a-gun-trust/

Nothing in this says that it would be illegal for a "responsible person" to possess the NFA item that is in the trust.