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Thread: Gun Trust PBC

  1. #11
    Distinguished Member TitleIIToyLover's Avatar
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    Quote Originally Posted by Aquajim View Post
    Is it true that only the members of a Trust can operate the guns of that Trust?
    NFA laws are somewhat mysterious.

    Only the "owner" of an NFA item can be in possession of that item. In the case of a trust, the trust owns the NFA item.

    It is commonly accepted that an NFA item can not be transferred (loaned/given) to another person without a legal transfer taking place through the NFA branch.

    [Transfer. This term and the various derivatives thereof shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of.]

    Most believe that you can let another shot your NFA item if you are present and closely monitoring the other person. This is a legal possession, custody and control issue.

    Most believe, that in the case of a Trust, depending upon the language of the trust, all trustees can have possession and use the NFA item without the grantor being present. This is just one reasons to have a trust. As noted above, someone who is not the grantor or trustee(s) can not be is possession of an NFA item owned by a trust.

    Trust law varies by state. NFA is interpreted by the ATF. NFA ownership is for the rich, patient and daring.

    None of the above is legal advice.
    Last edited by TitleIIToyLover; 07-30-2016 at 08:48 PM.
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  2. #12
    Distinguished Member The Fish's Avatar
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    I'm a little confused.
    I thought that under the new rules a trust wasn't needed since you don't have to get an approval from local LE anymore.
    You have to provide a photo and prints which you do to get a carry permit.
    So why the need for a trust?
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  3. #13
    Distinguished Member TitleIIToyLover's Avatar
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    Quote Originally Posted by The Fish View Post
    I'm a little confused.
    I thought that under the new rules a trust wasn't needed since you don't have to get an approval from local LE anymore.
    You have to provide a photo and prints which you do to get a carry permit.
    So why the need for a trust?
    For those that used a trust only to bypass the local LEO, who would not "sign," the trust is no longer needed.

    For those who used a trust as an estate planning document, the trust is still a valid method of ownership.

    The trust is still a method to allow multiple "persons" to possess/use the trust assets, but now all "responsible persons" (trustees) must submit photo/prints and provide LEO notification.

    For example, without a trust, an "individual" would still need to keep NFA items locked away from their significant other. Some would say that leaving a silencer on the kitchen table, where you wife could pick it up and move it while getting ready for dinner, while you ran to the corner store for more beer, would constitute a felony, punishable by 10 years in a federal prison and a 100,000 dollar fine.
    Last edited by TitleIIToyLover; 07-31-2016 at 05:11 AM.
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  5. #14
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    Quote Originally Posted by TitleIIToyLover View Post
    For those that used a trust only to bypass the local LEO, who would not "sign," the trust is no longer needed.

    For those who used a trust as an estate planning document, the trust is still a valid method of ownership.

    The trust is still a method to allow multiple "persons" to possess/use the trust assets, but now all "responsible persons" (trustees) must submit photo/prints and provide LEO notification.

    For example, without a trust, an "individual" would still need to keep NFA items locked away from their significant other. Some would say that leaving a silencer on the kitchen table, where you wife could pick it up and move it while getting ready for dinner, while you ran to the corner store for more beer, would constitute a felony, punishable by 10 years in a federal prison and a 100,000 dollar fine.
    If you really read the letter of the law, would that mean that the individual route is really only "valid" for someone who is single and lives alone? Or someone who keeps their NFA items in a safe that no one else in the home has access to?

    Sounds like these days, a trust is really the only way to be fully compliant with the law if you live with other people...
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