Repeat Purchases with Trust questions

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MurphyPeoples
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Repeat Purchases with Trust questions

Post by MurphyPeoples » Mon Mar 26, 2012 1:48 pm

Hey guys.

I mailed the BATF my "new" trust with a blank Schedule A a couple of weeks ago. They've cashed my check. Two other Supressors I bought are coming in soon. How would you send in the trust for follow up purchases? Should I write I have a previous purchase "pending" on it?

Advice is appreciated. I think you can see where I'm coming from. I'm thinking I shouldn't send in two blank Schedule A's within the same 30 day period. Maybe I should call the BATF and ask them?
murphy

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Wahnsinn
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Re: Repeat Purchases with Trust questions

Post by Wahnsinn » Mon Mar 26, 2012 1:51 pm

Until I have the approved form in my hand, I leave them off the schedule A. At this point you have nothing to add to it, if they did their job then maybe you'd have one to add :D

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Re: Repeat Purchases with Trust questions

Post by dtom29 » Mon Mar 26, 2012 9:58 pm

And to confuse things even more....I put all mine on the schedule "A" when I submit the Form. I just received another approval two weeks ago using this method. It really doesn't matter, I would just add the pending item to your schedule "A" and send it in. Just don't get into any "this item is pending" on the schedule "A"..they really want things cut and dry, don't confuse them.

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thoppe
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Re: Repeat Purchases with Trust questions

Post by thoppe » Mon Mar 26, 2012 10:52 pm

The attorney that did my trust (who focuses heavily on NFA) advised me to do the same as Wahnsinn said... do NOT list anything on the Schedule A until the item has been approved and the stamp is in hand. I have followed his advice and everything has turned out okay 8)

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PAIN
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Re: Repeat Purchases with Trust questions

Post by PAIN » Tue Mar 27, 2012 6:18 am

To add even more confusion, my lawyer says only list the item on the form 1 or 4 on assignment page. Nothing more should be sent to ATFE.

So if your buying a can, fill out form 4. Then only the can in question is put on the assignment page. Add a copy of the trust, then sent it all to ATFE with your check of $200.

On your trust paperwork (home in your safe), you add all your items in your trust and store that away. Once the trust purchases the can, money has changed hands, so the trust owns that property. Even though it's not legal for the trust to store it home, (because your waiting on your stamp) the trust is the legal owner of the silencer.

copy and paste below of my trust procedure...

Assignment Page / Weapon Purchase

You should fill out an Assignment page (the last page of this document) for each purchase of
a firearm restricted by the NFA. We recommend printing and using a new copy each time and only
including the item(s) on the Form 4 or Form 1 you are sending in.
In the first paragraph of the Assignment there is a small line for you to fill in the day of the
month that your trust was executed. At the bottom of the page you should fill in the date that the
Assignment form is signed and not the date that the original trust was signed. Unless the trust and
Assignment are signed on the same date, the dates will be different.
If you are manufacturing an item (Form 1), we recommend putting the major components to
be used on the Assignment page. For a SBR or SBS this would include the original firearm or the
lower unit as well as the barrel on a separate line. While it is not necessary to put the serial number
of the units to be engraved, it is a good habit and is recommended.
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Jt.kline19
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Re: Repeat Purchases with Trust questions

Post by Jt.kline19 » Tue Mar 27, 2012 8:01 am

The way I see it is that a transfer doesn't take place until the BATFE approves it. You are requesting a transfer from dealer to your trust. So even though you paid for it you don't own it until its approved. Iv read that either or works, but what I do is I do not list it on the schedule A until I receive the Form 1/4 from the BATFE. It makes a lot more sense this way cause technically the dealer transfer the Item into your trust until you get approved. Im sure your gonna have many more telling you to list it, you can call the BATFE and they'll tell you not to list it on the schedule A.
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Re: Repeat Purchases with Trust questions

Post by Stout » Tue Mar 27, 2012 8:43 am

My schedule A does not list specific items at all. It has only two lines on the paper:

"Schedule A
All NFA items"

open ended yet very specific for trust purposes.

I have another trust for my CNC company that lists "all assets" on the schedule A. All assets are defined by my accountant via receipts and depreciation tables. So that's pretty clear also.

GTFord1
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Re: Repeat Purchases with Trust questions

Post by GTFord1 » Tue Mar 27, 2012 9:45 am

I put my suppressor on the Schedule A before it was approved, which I believe my dealer sent in with the rest of the trust, and it went through fine.

Conclusion, after seeing many threads on this, and no one getting rejected for it:

No one at the ATF cares how you do this part.

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Re: Repeat Purchases with Trust questions

Post by Libertarian_Geek » Tue Mar 27, 2012 10:00 am

GTFord1 wrote:I put my suppressor on the Schedule A before it was approved, which I believe my dealer sent in with the rest of the trust, and it went through fine.

Conclusion, after seeing many threads on this, and no one getting rejected for it:

No one at the ATF cares how you do this part.
To be more specific: No one at the ATF cares how you do this part until they care how you do this part. You will not be able to guess how they will expect that you do this part when they do begin to care how you do this part. That's just part of it.
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GTFord1
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Re: Repeat Purchases with Trust questions

Post by GTFord1 » Tue Mar 27, 2012 10:36 am

Libertarian_Geek wrote:
GTFord1 wrote:I put my suppressor on the Schedule A before it was approved, which I believe my dealer sent in with the rest of the trust, and it went through fine.

Conclusion, after seeing many threads on this, and no one getting rejected for it:

No one at the ATF cares how you do this part.
To be more specific: No one at the ATF cares how you do this part until they care how you do this part. You will not be able to guess how they will expect that you do this part when they do begin to care how you do this part. That's just part of it.
Precisely.

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Re: Repeat Purchases with Trust questions

Post by yamatitan » Tue Mar 27, 2012 6:22 pm

Jt.kline19 wrote:The way I see it is that a transfer doesn't take place until the BATFE approves it. You are requesting a transfer from dealer to your trust. So even though you paid for it you don't own it until its approved. Iv read that either or works, but what I do is I do not list it on the schedule A until I receive the Form 1/4 from the BATFE. It makes a lot more sense this way cause technically the dealer transfer the Item into your trust until you get approved. Im sure your gonna have many more telling you to list it, you can call the BATFE and they'll tell you not to list it on the schedule A.
That doesnt make sense to me even though you cant posses the item you still own it for example I could still sell the silencer to someone else at that point the money would go to me as the owner even though I didnt have possesion. I could also tell the dealer to destroy the can since I own it while never have been in possesion. The form 4 is permission to posses not permission to own.

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MurphyPeoples
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Re: Repeat Purchases with Trust questions

Post by MurphyPeoples » Tue Mar 27, 2012 6:26 pm

Wahnsinn wrote:Until I have the approved form in my hand, I leave them off the schedule A. At this point you have nothing to add to it, if they did their job then maybe you'd have one to add :D
Thanks everyone for the in depth replies.
Murphy

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