Have any of you created an NFA Gun Trust to handle your Class III gear?
If so, any advice? Have an attorney to recommend to help with it?
If so, any advice? Have an attorney to recommend to help with it?
There really isnt much use to the Trust option anymore. It doesnt avoid any paperwork and actually requires more paperwork when you add new items under the trust.
The biggest benefit for a trust is being able to add and remove people to the trust. Want to loan a suppressor to a friend? Add his name on an empty line and then remove his name when he returns the suppressor.
My trust was prepared by an attorney here on OSA. Can’t remember his name. Came complete with all forms necessary, including forms to add and remove people at will, and was accepted with no problem by the ATF.
...Also at that point any new items that are added to the trust requires that ever person listed on the trust as a member fill out a RPQ form and submit their finger prints with the Form 4...
Works that way with my trust as well. Which is why you want to keep the number of trustees low. I had not heard about the requirement to send notarized signatures to the ATF when removing people from the trust. You got a link to this requirement? Or, maybe one of our resident attorneys can weigh-in?
It looks like to me like you can make amendments to the trust (signature, notary, etc.) to add or remove a responsible person from the trust. But, you don't need to send that information to the ATF. When adding new NFA items to the trust, you would send a copy of the original trust and all amendments to the ATF when applying for the tax stamp.
https://www.nationalguntrusts.com/b...dding-a-responsible-person-to-a-nfa-gun-trust
When we added another Class 3 item to our Trust the ATF made us send in a RPQ form for every person and finger prints for every person.
Also based on the current laws, even for the items not in the trust a family member can take them over just fine. They can even get a new stamp in their name at no charge from the ATF once a new Form 4 is filled out from what the ATF investigator told me.
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