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.