The U.S.C. and Trusts

L1A1Rocker · Post by **L1A1Rocker** » Mon Jun 11, 2007 5:35 pm

Ok, most all of us have now herd about using a trust to deal with CLEOS that will not sign the Form1/4s. It's right there in black and white on page 3 of the form.

1. Definitions
d. Person. The term "person" means a partnership, company, association, trust , estate, or corporation as well as a natural person.

What I need to know is where in the US Code is that located?

Slick · Post by **Slick** » Mon Jun 11, 2007 7:27 pm

In 26 USC 7701(a)(1):

(a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof—
(1) Person
The term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.

That's my guess, anyway.

L1A1Rocker · Post by **L1A1Rocker** » Mon Jun 11, 2007 7:50 pm

That's it!! Thank you very much!

no4mk1t · Post by **no4mk1t** » Thu Jun 21, 2007 6:52 pm

L1A1Rocker · Post by **L1A1Rocker** » Thu Jun 21, 2007 7:21 pm

There really is not any wriggle room for interpretation on the definiation of a person. It is set by U.S. Code not interpretated by an agency. It would take a change in the law from congress. Not saying that there couldn't be a change and no longer allow trusts but it would not invalidate any trusts that already own NFA items. "there shall be no expostfacto law"!!

no4mk1t · Post by **no4mk1t** » Thu Jun 21, 2007 7:55 pm

tikkafan · Post by **tikkafan** » Thu Jun 21, 2007 8:15 pm

no4mk1t wrote: Which sparks another thought. Has anyone bought a rifle/pistol/shotgun from their local gunshop on a trust? If so, how did you go about it? I can see my local shop owner saying, "are you nucking futs, you can't do that!"

You still have to do the background check AFAIK. There really isn't anything to gain.

silentassets · Post by **silentassets** » Thu Jun 21, 2007 8:17 pm

Most dealers that I deal with and have talked with either run a 4473 NICS check or ask for a CHL just to cover their own A**.

kalikraven · Post by **kalikraven** » Fri Jun 22, 2007 9:45 am

"there shall be no expostfacto law"!!

Lautenberg Amendment