NFA trusts and kids

[cdhknives]

Tried to search and google...nothing really seemed to cover this.

I understand that 18 is the minimum age to own a firearm. Can I add my less than 18 year old to my NFA trust so that when he/she gets to 18 they are automatically eligible to take my suppressor or SBR without my presence?

I have copies with all my trustees...trying to avoid the hassle of updating when each kids gets to 18. One copy, distribute, forget about it.

[John A.]

That's also a question that I always had but never asked.

I'm going to assume the answer is probably going to be "no" since they are not an adult and technically not allowed to do a transfer of any type until they do turn 18 though.

But I would like to know the answer to that as well.

[doubloon]

It sounds like a good question for a lawyer.

Trusts are rigged all the time to "automatically" be turned over or dissolved when a beneficiary comes of age, usually 18 or 21. I say "automatically" because often there are conditions that must be met.

The problem is you don't want the trust dissolved and you want them to be promoted from nothing to trustee "automatically". There are likely conditions that might need to be met like no felonies, still alive, didn't marry a democrat, yada yada. Seems like it might take a fair amount of weasel wording you wouldn't want to get wrong and end up invalidating your trust.

[fishman]

Probably. I believe you only need to be 18 to file a form 1.

[doubloon]

Probably. I believe you only need to be 18 to file a form 1.

I believe minimum age to legally be a Trustee depends on state law, I don't believe there is a minimum age for a beneficiary.

ETA: What about 41F, is that still a thing? I confess I haven't been keeping up with 41F but it if still matters for 'responsible persons' how would you automate the fingerprinting, photographing and etc.?

EATA: Let the weasel wording begin.

Following the 41F thread and based on skimming what I've run across the weasels would seem to believe there is a difference between a 'trustee', 'settlor', 'beneficiary' and a 'responsible person'. Between these two links they don't seem to care what role the person has in the trust, if they fit the requirements they are a 'responsible person'. I didn't see where a 'beneficiary' could automatically be promoted to 'trustee' but I don't see how to avoid an underage 'beneficiary' being considered a 'responsible person' when they come of age.

https://www.atf.gov/file/100896/download

Ninety-eight of the same commenters, all of whom have trusts, also stated that their trust includes beneficiaries who are under 18 years old and that they would need to speak to a lawyer to get a clear answer about whether they fall under the responsible person definition.

Department Response
The final rule incorporates a new definition of "responsible person" that addresses many of the questions and concerns raised by these comments, including the concerns about trust beneficiaries who are minors. That said, the Department agrees that in some cases persons may need to seek legal counsel to determine who is a responsible person for purposes of this rule.

http://johnpierceesq.com/who-is-a-respo ... under-41f/

Boiling this down further, the key element that makes someone a ‘responsible person’ is power. Regardless of the title they have on the trust:

• * If a person can purchase an NFA item on behalf of the trust then they are a ‘responsible person’.
  * If a person can sell trust assets then they are a ‘responsible person’.
  * If a person can compel possession of trust assets then they are a ‘responsible person’.

[fishman]

If the kid isn't a responsible person during the application period then they shouldnt have to provide prints and forms. Them turning 18 and becoming a responsible person is no different than adding a trustee after approval, no additional paperwork needed.

This, of course, all depends on the trust's specific verbiage. A cookie cutter NFA trust won't be enough.

[doubloon]

Sounds simple enough.

[whiterussian1974]

I didn't read through all of the Answers. My apologies if someone already said this.

A Trust has many Constituant Parties. A 10yr can be a Beneficiary of the Trust, simply can't "Purchase" the firearm to add it as an Asset. He CAN however add the firearm Asset that was otherwise legally acquired (Estate, Gift, Will, Protector, etc.)