Setting up a trust for currently owned suppressors?

[ScreamingPotato]

Can you explain the limited place individual puts you in vs. Trust?

You go to work, leave your cans/sbrs home with the wife, from what I understand she's committing an offense. Obviously never gonna be an issue unless they're after you for something else anyway but technicalities are technicalities.
Estate planning is where it's really nice, or lending a Can to a buddy, sending wife off to hunt on her own, etc.

 

[Marshfly]

This is not correct. The executor can posses the items to settle the estate and then a form 5 is done to transfer the item to the new owner per the will. https://www.atf.gov/file/97596/download

It may be easier if on a trust as the person can immediately take possession, but there is still a clear path on how to transfer if the stamp is for an individual.

This is great info. Thanks for posting it.

 

[turbobrick]

Can you explain the limited place individual puts you in vs. Trust?

I started off with cans plus SBRs and SBSs, so my trust allows me to handle all of these items in one place. It allows me to set up who is to take the items when I die, and makes that process easy, free, and immediate.

Mainly, a trust allows you to have other people use your NFA items without you being with them. My brother in law lives in the same state, but 350 miles away. He is on my trust, and has one of my cans with him, I wanted he and my nieces and nephews to be able to practice and hunt without me due to the distance. I can loan him anything, he has a digital copy of the trust and all 26 of the stamps. I can also at any time add more people with that privilege or remove them.

 

[justin davis]

It'll happen, and this is why I'm doing this now. You want to have your wife and son a ridge over from you with a suppressed rifle you own? Want them to go on a stalk while you sit and watch from afar? Well that's technically illegal without them on the stamp. There is no reasonable way to say that someone else a half mile from you is "with" you.

Yea that’s good point. When I’m hunting with my wife and daughter they are always by my side. They don’t go out onto their own. So not really an issue. But yea I see the benefit of it.

 

[logem]

This is not correct. The executor can posses the items to settle the estate and then a form 5 is done to transfer the item to the new owner per the will. https://www.atf.gov/file/97596/download

It may be easier if on a trust as the person can immediately take possession, but there is still a clear path on how to transfer if the stamp is for an individual.

Thanks for that link to the ATF file about the executor being able to take possession. I was not aware of this.

Looks like I won't need to add my executor as a co-trustee after all.

Mike

 

[thinhorn_AK]

I started off with cans plus SBRs and SBSs, so my trust allows me to handle all of these items in one place. It allows me to set up who is to take the items when I die, and makes that process easy, free, and immediate.

Mainly, a trust allows you to have other people use your NFA items without you being with them. My brother in law lives in the same state, but 350 miles away. He is on my trust, and has one of my cans with him, I wanted he and my nieces and nephews to be able to practice and hunt without me due to the distance. I can loan him anything, he has a digital copy of the trust and all 26 of the stamps. I can also at any time add more people with that privilege or remove them.

Sorry for the slight derail, is the process to get a SBS the same or animal to getting a silencer? I want to get a 14” stainless Mossberg but don’t know where to start.

 

[turbobrick]

Sorry for the slight derail, is the process to get a SBS the same or animal to getting a silencer? I want to get a 14” stainless Mossberg but don’t know where to start.

It depends on how you do it. You used to be able to buy short barrels from Mossy, but I understand they recently stopped doing that. My first SBS was a factory Remington 870 Police, so it was transferred on a Form 4 just like a suppressor. The others have been Form 1s, so its a similar but different process. You do the form through the ATF site yourself, have the receiver engraved with your name or trust name, then after approval install the short barrel, or have the existing barrel cut down. If you want a SBS Mossy, I'd buy a Shockwave, do the Form 1, then install a regular stock after approval. This is how I did my TAC-13. I love using Silencer Shop, they have a Form 1 service that works just like a Form 4, its pretty cheap and if you're set up with them its stupid easy.

 

[thinhorn_AK]

It depends on how you do it. You used to be able to buy short barrels from Mossy, but I understand they recently stopped doing that. My first SBS was a factory Remington 870 Police, so it was transferred on a Form 4 just like a suppressor. The others have been Form 1s, so its a similar but different process. You do the form through the ATF site yourself, have the receiver engraved with your name or trust name, then after approval install the short barrel, or have the existing barrel cut down. If you want a SBS Mossy, I'd buy a Shockwave, do the Form 1, then install a regular stock after approval. This is how I did my TAC-13. I love using Silencer Shop, they have a Form 1 service that works just like a Form 4, its pretty cheap and if you're set up with them its stupid easy.

Thanks, Mossberg makes the 590a1 professional on 14” with ghost ring sights. It looks perfect for what I want it for.

 

[Luked]

I also have a question on this same line.
I understand that you have to do another form 4 to transfer it from You to your Trust.
In the time frame that the Trust form 4 is waiting to be approved. What do you all do with your cans?
Do they have to be issued to an FFL to hold?
How does that all work?

 

[wesfromky]

I also have a question on this same line.
I understand that you have to do another form 4 to transfer it from You to your Trust.
In the time frame that the Trust form 4 is waiting to be approved. What do you all do with your cans?
Do they have to be issued to an FFL to hold?
How does that all work?

You keep them.

 

[Luked]

You keep them.

So you keep them in your possession and are able to use them etc while the Trust is being approved?

 

[maxx075]

So you keep them in your possession and are able to use them etc while the Trust is being approved?

Yes, which is why all of these "laws" and "rules" are all so stupid.

 

[wesfromky]

So you keep them in your possession and are able to use them etc while the Trust is being approved?

You are the legal owner. You would have to form 4 them to an FFL first before they could hold them. It's the same as if you were going to sell them to someone else - you hold the NFA item until the stamp clears, then you can give it to them. Unless the item is in a trust, and you add the buyer while waiting for the form to clear.

 

[Weldor]

Just remember that all trustee's have to submit photo and finger prints for the trust on the form 4. It's kind of a pain. I have the old gun trust with trustee's which works, but to add a new can from one of the free trust's like silencerco or silencer central it's a pain and the cost of new stamps. I did ask them about just adding the new can to the old trust and they prefer not to. Easier for them with their own trust set up.

 

[Hurley88]

I only just bought the OG as my first suppressor; if the big beautiful bill passes with the suppressor section in (and Mike Lee’s land sale out), I’ll be adding a .22 and another more easily swappable .30cal then immediately transferring them all into our trust. Just due to all the stuff mentioned above, I’ve largely stayed away from them