NFA Trust Moving out of State Question

goteron · Post by **goteron** » Wed Jun 24, 2009 3:03 pm

I have two items being put on a Trust (SBR and Suppressor). I currently live in Ohio, but in the next six months will be moving to Louisiana. What do I need to do to stay legal. Thank you

Abiqua · Post by **Abiqua** » Wed Jun 24, 2009 3:19 pm

For that question, I'd see an atty.

aquajon · Post by **aquajon** » Wed Jun 24, 2009 3:25 pm

Trusts transcend state lines.
A legal trust created in Ohio is still valid in other states. Assuming of course the new state allows NFA items that is.

For the Silencer, you don't need to do anything. For the SBR, you need to get ATF approval to transport the item across state lines.

goteron · Post by **goteron** » Wed Jun 24, 2009 4:00 pm

Thank goodness for this forum. To get a letter across state lines, do I just have to submit it in writing to the NFA branch?

Omega_556 · Post by **Omega_556** » Wed Jun 24, 2009 4:04 pm

goteron wrote:Thank goodness for this forum. To get a letter across state lines, do I just have to submit it in writing to the NFA branch?

I believe BATFE Form 5320.20

joshuap · Post by **joshuap** » Wed Jun 24, 2009 8:52 pm

aquajon wrote:Trusts transcend state lines.
A legal trust created in Ohio is still valid in other states. Assuming of course the new state allows NFA items that is.

That is NOT true. It depends on the new state's trust laws and whether they will acknowledge the validity of the other state's trust. Moreover, even if they are willing to acknowledge it, there may be different requirements, such as filing, or notarizing specific parts that you previously did not have to do in your former state.

aquajon · Post by **aquajon** » Wed Jun 24, 2009 9:29 pm

Except that the Trust never moves, the Grantor and/or Trustee might.

Which is why it makes no difference.

Your trying to say that if I create a trust for my assets (non NFA lets say) and leave them to my children in another state it's not valid? No sir.

goteron · Post by **goteron** » Wed Jun 24, 2009 10:02 pm

So, as long as the trust is legal in ohio, i could move everywhere as long as NFA items are legal and have no problem?

YugoRPK · Post by **YugoRPK** » Wed Jun 24, 2009 10:28 pm

The trust is still legal in the state of origin so it doesnt matter where the trustee lives. The trustee does not own the item. The trust does. As long as the item in question is legal in the state the trustee is moving to he can bring the item with. Its still covered under the originating states trust laws. More items would need a new trust in the new state in accordance with that states laws.

goteron · Post by **goteron** » Wed Jun 24, 2009 11:11 pm

Thanks for the responses. I will be moving every few years, so this is going to get annoying making a new trust every time. Once I settle down, can I create a final trust and transfer everything to that. I assume I will be paying for the stamps though. Thanks again for the help.

YugoRPK · Post by **YugoRPK** » Thu Jun 25, 2009 12:43 am

goteron wrote:Thanks for the responses. I will be moving every few years, so this is going to get annoying making a new trust every time. Once I settle down, can I create a final trust and transfer everything to that. I assume I will be paying for the stamps though. Thanks again for the help.

You would probably have to transfer everything to a dealer in the originating state who would then have to transfer it to a dealer in your new state who could transfer the items to the new consolidated trust. $400 in tax per item plus dealer fees. Having several trusts isnt going to hurt you.

JohnInNH · Post by **JohnInNH** » Thu Jun 25, 2009 12:30 pm

You may be able to keep the one trust in the original state. I would consult a trust-estate specialist. The Trust can change it's address and not need to be closed, but only amended.

Signing cans in and out will cost a LOT of $. So keep the original trust. Amend the address .... Just check the legal requirements It may be simple or it may be hard. Pick your states carefully if you can.

Omega_556 · Post by **Omega_556** » Thu Jun 25, 2009 12:43 pm

YugoRPK wrote:You would probably have to transfer everything to a dealer in the originating state who would then have to transfer it to a dealer in your new state who could transfer the items to the new consolidated trust. $400 in tax per item plus dealer fees. Having several trusts isnt going to hurt you.

Why go through a dealer?

File a 5320.20 where the item will not return to its original location; change of address to your current state and then you wouldn't need to do an interstate transfer.

Do a form 4 from one trust to the other, for $200, and then all your items could be in a single trust and stay in your possession the entire time.

I do agree that having several trust probably isn't going to hurt you, but if I was in this situation I'd consult an attorney to be sure.

goteron · Post by **goteron** » Thu Jun 25, 2009 3:00 pm

I emailed an NFA Trust atty, here is his response:

"LA has very different trust laws that the rest of the United States and most trusts are not valid in LA. If you want we amend and restate your trust with a valid LA trust which deals with the unique aspects of NFA firearms ownership, possession, use, and transfer."

His fee is somewhat high, but I will probably have him look at and ammend it anyway. Even though I will probably only be in LA for a few years before somewhere else...

Omega_556 · Post by **Omega_556** » Thu Jun 25, 2009 3:09 pm

Are you in the military?

JohnInNH · Post by **JohnInNH** » Thu Jun 25, 2009 5:03 pm

goteron wrote:I emailed an NFA Trust atty, here is his response:

"LA has very different trust laws that the rest of the United States and most trusts are not valid in LA. If you want we amend and restate your trust with a valid LA trust which deals with the unique aspects of NFA firearms ownership, possession, use, and transfer."

His fee is somewhat high, but I will probably have him look at and ammend it anyway. Even though I will probably only be in LA for a few years before somewhere else...

Just what I was saying, you amend the trust and then there is not transfer.. you just make the trust "fit" the CA requirements. You can continue to amend the trust as you move from state to state... if you HAVE to.

The beauty of the "trust" route. IMHO

goteron · Post by **goteron** » Thu Jun 25, 2009 7:21 pm

Not in the Active military, in the oil business.

Matyoka · Post by **Matyoka** » Wed Sep 05, 2012 8:23 pm

I know it's been a while since the last post, but I got to the point where I am picking up and moving... I am done with my 5320.20 for my SBR, however what do I put down for the full name space? The name of my NFA Revocable Living Trust or my name? Any help apreciated!!!

Abiqua · Post by **Abiqua** » Wed Sep 05, 2012 9:04 pm

Matyoka wrote:I know it's been a while since the last post, but I got to the point where I am picking up and moving... I am done with my 5320.20 for my SBR, however what do I put down for the full name space? The name of my NFA Revocable Living Trust or my name? Any help apreciated!!!

In Box 1 you put the name of the registered owner, in this case your trust.

Matyoka · Post by **Matyoka** » Wed Sep 05, 2012 9:18 pm

Thanks a lot brother, all done ready to be mailed!!!

NFA Trust Moving out of State Question

NFA Trust Moving out of State Question

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