"Trust method" suppressor

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p99guy

New member
You can travel through NFA friendly states with your suppressor...it has nothing to do with who is in a trust(no prior permission paperwork envolved). a Machinegun however requires prior written permission from ATF to take out of the state you reside in( a form you fill out beforehand) before you go to a Knob Creek shoot or whatever.

a trust in many ways is like a living will..it gives directives on what to do with estate items in the trust upon your death...when you die another trustee takes over...it avoids probate and some inheritence taxes from hitting family members that things are left to...its not a corporation,that can have multiple people to have access to a suppressor.

The wife and you can have a trust that is joint(AB trust)..and would typically be used to put the house and furnature etc...things that you own together, and would be tangled in probate if you died..or contested by low life reletives.
None of these living will/trust instrements give "uncle bob in another state the ability to borrow
a suppressor..even if he is listed as the person to take over the trust when you die.

other than that the last 5 paragraphs apply of Douglas's post just above yours -"responsible person"
 
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NFACurious

New member
Thanks for the reply p99guy.. But I have another question. What happens when you want to get rid of the trust in favor of a better one? Or decided to revoke the trust for other reasons? And how many trusts can you have at one point in time?
 
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Mr Beta

New member
Don't you only need one trust for all of your NFA items?
As far as the trust method, if you're adding other people, do they have to be related? I've never heard anything about anything else.
 
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PAR

New member
You can have more than one trust, there are those out there that have one just for their NFA toys and one for property, etc.. Keep in mind that if you transfer an NFA item from an "individual owner" status to a trust, you'll have to file it again and pay another the $200.

As for family members, A/B trust are recognized for married couples only; however, you should check your state law.
 
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PAR

New member
A few weeks ago, I had called ATF to discuss the transfer of an "individually owned" item to a "trust." The answer from the examiner was: "ATF considers each to be a separate entity and as such moving an item from one status to another requires a new registration (stamp)."

Yeah, it sucks since you are the owner but then again this is our government at work. :(
 
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VUPDblue

New member
I really cannot forsee a reason why you would want/need to transfer an item out of trust, if you are the trustee, and to yourself. Unless maybe you use a trust that needs to be revoked because of divorce or death or some other situation. This is why most folks make a trust for only their NFA toys and a separate trust for everything else.
 
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VUPDblue

New member
I just sent out a F1 in the name of my newly-formed revocable living trust. Dang it was handy to bypass the 3-4week wait for CLEO signoffs:D I hope to have it approved before that time is up!
 
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VUPDblue

New member
Maybe I am just lucky, but my CLEO was happy to sign the paperwork.
Click to expand...

My CLEO is happy to sign as well. The problem is that I have to go through the newly-formed Metro PD here (Indianapolis) and that merger between the city cops and the county mounties has backed up the process and now it averages 3-4 weeks just to get the signoff! You can't just go see the chief and expect him to sign, the city/county has a process for NFA signoffs.
 
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NFACurious

New member
Thank you PAR, that definately answered my question. And VUPDblue, thats exactly the type of situation I was worried about, even though I am not married, yet. I'm going to get a trust set up and get an AAC Aviator! Thanks guys/gals!
 
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NFACurious

New member
Ok last question before I purchase Quicken Willmaker, hopefully. What do you do when you move instate? out of state?

And PAR, yes I love that place and http://www.silencerresearch.com/ I already plan on an AAC Ranger. And thinking about a TAC Quest or AAC Prodigy to see how a dissasembleable suppressor will do. I also want an Evo-9. *sigh* So many cans, so little time.
 
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PAR

New member
The trust name will remain the same; however, you have to notify ATF of the the address change. Before moving out of state make sure they don't have any restrictions with the trust, LA is one which doesn't recognize Quicken. Other states do but some require that you register the trust with the county clerk.

As for 22's can, definitely look at one that disassembles.
 
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MisterPX

New member
Gonna play the devil's advocate here, so beware.;)

IIRC, the NFA of 1934 doesn't list trusts as acceptable, even though the current BATFE regime has them listed on Forms and has been accepting them.
 
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PAR

New member
True, trust are not specifically mentioned but they haven't been excluded either and the ATF legal staff has determined that the trust is an entity similar to corporations. In fact, a trust is a little more controlling than an corporation because you're limited to yourself or you and a spouse as an A/B trust; whereas, under a corporation, any listed corporate officers in the company charter (including the janitor if listed) are able to take possession of the item.

Could they change their mind, sure thing they have done it in the pass on a number of issues but it might be an up-hill battle to revoke current stamps given all the approvals. If anything, they may just slam the door shut on future transfers.

It is also true that if you can get a CLEO sign-off that is the way to go, if anything to prevent the nay-sayer's but unfortunately too many CLEO's are trying to force their own political policy on people as opposed to providing a service and finding out what's in their backyard. This was probably at the heart of why TN passed a bill requiring CLEO's to sign-off on Form 4's.
 
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Starsky

New member
Okay I have a question. Sorry if it sounds dumb or already answered but I want to be real clear here before I proceed.

I want to buy a can for one of my AR's. I am retired LEO but do not live now where I served and the CLEO where I am is pro-gun but not pro-NFA for indiv's. I of course have no background issues and have held a valid CCW permit since 1995. Since retirement I own an active business (several Million per year in sales) that employees 20 folks and is a fully Registered LLC in my state. Given that, can I do the paperwork in this "real" businessess name and forego the CLEO requirement?
 
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