Trust questions from a military member

2nd Amendment and Freedom

Moderators: mpallett, bakerjw

Post Reply
jbsf3
Member
Posts: 29
Joined: Tue Jul 07, 2009 8:45 pm

Trust questions from a military member

Post by jbsf3 » Mon Jun 14, 2010 1:03 pm

Greetings all. I am new to the world of suppressors. I ordered a SWR Spectre from a local dealer and it finally arrived last week. I've recently come to find out that the CLEO in my area (Northern VA) will not sign off for individuals, so I'm left with the option of forming a trust to get the Spectre transferred to me. I've read through the site and have a few questions concerning a trust. I am a military member and typically move every 2-3 years, sometime more but that is about average. With that I have a few questions:

1. I'll probably use Quicken to form the trust, seems like plenty of folks here have used it and seem satisfied. Any reason not to use it?
2. As a military member I claim Texas as my home of record and am considered a Texas resident for tax purposes. I do not have a physical address in TX and am currently stationed in Virginia. Do I file the trust in Texas or Virginia? I am due to leave VA in around two years and don't have any plans to come back, with the frequent moves do I need to modify the trust's address every time I move?
3. For military members that have used a trust, have there been any issues with the frequent moves and possibly having to live on post/base in housing (not dorms/barracks)?
4. Any words of advice/lessons learned from those that have done this before?

I appreciate your time and consideration of my questions, thanks.

User avatar
Diomed
Silent But Deadly
Posts: 7543
Joined: Sun Apr 08, 2007 1:59 am
Location: VA

Re: Trust questions from a military member

Post by Diomed » Tue Jun 15, 2010 2:02 am

jbsf3 wrote:I've recently come to find out that the CLEO in my area (Northern VA) will not sign off for individuals, so I'm left with the option of forming a trust to get the Spectre transferred to me.
Have you tried calling the Attorney General's office? He's indicated a willingness to sign in the past.
2. As a military member I claim Texas as my home of record and am considered a Texas resident for tax purposes. I do not have a physical address in TX and am currently stationed in Virginia. Do I file the trust in Texas or Virginia? I am due to leave VA in around two years and don't have any plans to come back, with the frequent moves do I need to modify the trust's address every time I move?
Do you currently have permanent orders for Virginia? In other words, can you go into a gunshop in this state and buy a handgun? If the answer is no, you'll need to get your residency sorted out first. The transfer dealer can't give you the silencer if you're not a resident of Virginia. The trust isn't even in it at that point.

jbsf3
Member
Posts: 29
Joined: Tue Jul 07, 2009 8:45 pm

Re: Trust questions from a military member

Post by jbsf3 » Tue Jun 15, 2010 9:19 am

Diomed- I haven't tried the AG office, will keep that in mind if the trust deal falls through. My orders state Pentagon, DC. Pentagon is of course located in VA so will need to see if that is an issue first. Thanks for the reply, please keep them coming.

FA Gunner
Silent Operator
Posts: 68
Joined: Wed Feb 07, 2007 2:40 pm

Re: Trust questions from a military member

Post by FA Gunner » Tue Jun 15, 2010 11:57 pm

First off I'm not a lawyer but this is what I have found over the last couple years of being in the Army and starting my NFA collection.

I've used quicken to for my trusts. No problems with two suppressors being approved and an SBR in the works. Most SBRs and suppressors planned once funds are available.

I would form the trust in VA since you have to get it notarized and unless you are headed back to Texas anytime soon go with VA. There is no address in the Trusts I have seen. Once you get to your new assignment you can check with a local attorney to get the trust amended for your new residence, or wait until you retire or get out of the military and settle down and get an attorney to update it once you settle down. This is one of those areas where you will eventually want to spend some money. But figure out where you will settle down first then pay a lawyer once.

I've had no issues at Fort Campbell, and at Fort Leavenworth just says you cant have any MGs. Find the security reg for the installation and it will normally have a section covering POWs and what NFA you can possess on post. Generally if it is legal in the state the post is at, it is legal for you to have on post, but again check the reg. Barracks/Dorms will have to be stored in the unit Arms Room, but you can normally store your POW in your family quarters. Also depending on your rank and local reg you might have to get your commander to sign off on your stuff to register them on posts.

Most PMOs will not sign off on any forms which is why I went the trust route. Also you will probably have to register it with the PMO like the rest of your weapons, again another reason why you need to find the local security reg. Asking questions of the PMO, commanders, armorers, ect. will generally get you wrong answers since they will automatically think you cant have them on post. Ask them for the reg that covers POWs and read it, find the answers for yourself and make copies of the Reg to keep with you and your toys.

The one issue that might come up is if you get assigned to a state where you can't have your toys, then you will have to leave them with someone or store them out of state. Again this is another reason to go the trust route since whomever you leave your stuff with can be made a trustee and then there are no issues with them possessing your toys.

Your local JAG office will be of no help other than notarizing your trusts, so dont bother going to them for advice on the trusts. If you arent comfortable going the quicken route pay an estate attorney who does trusts for a living.

You can use your Mil ID card and your PCS orders as proof of residence, but since your PCS orders say DC not VA I dont know if it will work for you. I would recomend getting a VA license, you should be able to keep your TX residency. I've kept my TX residency for the last 16 years and have had OK and TN drivers licenses.

Email me through the site and it will go to my AKO if you have any other specific questions that I can help out with.

User avatar
Diomed
Silent But Deadly
Posts: 7543
Joined: Sun Apr 08, 2007 1:59 am
Location: VA

Re: Trust questions from a military member

Post by Diomed » Wed Jun 16, 2010 3:11 am

FA Gunner wrote:You can use your Mil ID card and your PCS orders as proof of residence, but since your PCS orders say DC not VA I dont know if it will work for you.
From what I've heard from dealers, this is the case. The Pentagon may be in VA but if the orders say DC you're SOL for getting guns on them.

jbsf3
Member
Posts: 29
Joined: Tue Jul 07, 2009 8:45 pm

Re: Trust questions from a military member

Post by jbsf3 » Wed Jun 16, 2010 10:26 am

FA Gunner/Diomed
Thanks for the reponses and information, I'm working with my dealer to figure out a solution to the state of residence issue.

FA Gunner
Silent Operator
Posts: 68
Joined: Wed Feb 07, 2007 2:40 pm

Re: Trust questions from a military member

Post by FA Gunner » Wed Jun 16, 2010 11:52 am

Here's what I would do if I was you - get a VA state ID card, not a driver's license. That way the whole residency issue goes away. You can have a VA DL or state ID card and still be a TX residence as far as taxes go.

To get a VA ID card, and you get to keep your TX Drivers License you need:
Your Mil ID Card
Birth Cert
PCS Orders with VA as your state of assignment or a recent utility bill with a VA address.

See VA DMV site for more info on getting an ID card.

Also, straight from the VA State Police page:
Military Personnel

Active military personnel permanently stationed in Virginia are treated as Virginia residents for the purchase of a handgun. Identification and residency are established by the following:

A military photo-identification card issued by the United States Department of Defense and proof that Virginia is the permanent duty station via current military assignment orders is acceptable identification and residency documentation to establish military personnel as residents of Virginia.

So either way, it should not be an issue. For me I almost always get a State ID for the state I am assigned to, since some dealers aren't comfortable taking the Mil ID and PCS orders. Also, my orders and ID card have too much personal info that I don't want dealers making copies of. And again you can keep your TX residency even with a VA ID card.

jbsf3
Member
Posts: 29
Joined: Tue Jul 07, 2009 8:45 pm

Re: Trust questions from a military member

Post by jbsf3 » Wed Jun 16, 2010 11:59 am

FA Gunner- would never have though of the VA ID versus getting a VA license as the dealer suggested- great idea! I'll talk to the dealer and the DMV and get that ball rolling. Will probably also hit you up with a PM and ask a few more questions. Thanks again all!

User avatar
Diomed
Silent But Deadly
Posts: 7543
Joined: Sun Apr 08, 2007 1:59 am
Location: VA

Re: Trust questions from a military member

Post by Diomed » Thu Jun 17, 2010 3:29 am

A VA ID card may not solve your problem. The State Police have been leaning on FFLs to not sell to people using the ID cards. They're not as regulated as the driver's licenses, leading to questions about foreigners getting them. You'd have to find a dealer willing to give the VSP the finger.

jbsf3
Member
Posts: 29
Joined: Tue Jul 07, 2009 8:45 pm

Re: Trust questions from a military member

Post by jbsf3 » Thu Jun 17, 2010 6:01 am

Getting the VA DL in the hopes that this will solve the problem, hadn't heard about the ID card issue.

Post Reply