trustees possessing nfa items

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vaeevictiss
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trustees possessing nfa items

Post by vaeevictiss » Fri Apr 29, 2016 9:25 am

have a question here. After building a couple form one cans my brother has shown some interest, and has been curious about building one for his 50 beowulf (if we do it im thinking omega baffles as they are good for low pressure rounds so lemme know if thats a good choice). However hes one of those that hates the idea of having to do all the paperwork and govt bureaucracy BS. I told him everyone with a suppressor expresses that sentiment and unless they get removed from the registry then its the only legal way.

One idea i thought of, and unless im missing something i cant see why it would be illegal, but say if he gives me the $200 and i file for the stamp on my trust. If i make him a trustee, can he simply keep the can at his house or must it "live" at the address of the trust itself which would be my house?

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D9M9TR9S
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Re: trustees possessing nfa items

Post by D9M9TR9S » Fri Apr 29, 2016 2:38 pm

I'm no lawyer, so this is based on whether your trust is valid n all, but... If he's a trustee, then he can be in possession of the said suppressor. That's for ANY legal trustee on your Trust. It doesn't belong to either of you, it's property of the Trust itself.

vaeevictiss
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Re: trustees possessing nfa items

Post by vaeevictiss » Fri Apr 29, 2016 2:50 pm

yea i just wasnt sure if it was supposed to be at the address listed for the trust or if it could permanently stay somewhere else as long as it was with a trustee.

Aaron
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Re: trustees possessing nfa items

Post by Aaron » Fri Apr 29, 2016 5:06 pm

I'm no lawyer either, but I believe you are supposed to notify the ATF in writing if the NFA item will be stored long term at a location other than what is listed on the trust. Any trustee can legally possess, transport and use the item though and I believe short term storage at his place is O.K. Just to be safe, though I would send them a letter.


Aaron

crazyelece
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Re: trustees possessing nfa items

Post by crazyelece » Tue May 03, 2016 10:47 am

Trust's don't have addresses. It doesn't matter where the trust was setup. you can have trustees in other states and it wouldn't matter. The form is filled out with the trust name and the address of the trustee who has primary access.

"Maker.
(1) If the maker is an individual, the entire form shall be completed.
(2) If the maker is other than an individual:
(a) Item 3b: The address is the exact location of the principal place of business (or principal office, in the case of a corporation) or, in the case of a trust, the principal address at which the firearm is to be located.
(b) Item 3b must show the name of the entity (i.e., the name of the LLC or trust). Do not include names of corporate officials or trustees."

Aaron
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Re: trustees possessing nfa items

Post by Aaron » Sun May 08, 2016 9:34 pm

crazyelece wrote:Trust's don't have addresses. It doesn't matter where the trust was setup. you can have trustees in other states and it wouldn't matter. The form is filled out with the trust name and the address of the trustee who has primary access.

"Maker.
(1) If the maker is an individual, the entire form shall be completed.
(2) If the maker is other than an individual:
(a) Item 3b: The address is the exact location of the principal place of business (or principal office, in the case of a corporation) or, in the case of a trust, the principal address at which the firearm is to be located.
(b) Item 3b must show the name of the entity (i.e., the name of the LLC or trust). Do not include names of corporate officials or trustees."
I stand erected. :D

thecameraman79
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Re: trustees possessing nfa items

Post by thecameraman79 » Mon May 09, 2016 9:35 am

Unlike a SBR, SBS, DD, Machine gun you don't need to do a .20 form for suppressors in order to travel interstate with them. As long as they are on the trust and the state he lives in allows suppressors he should be good to go.

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