Missouri LLC

[ronin111]

Missouri requires a FFL to own nfa items. A trust cannot hold a FFL, but I assume a LLC can hold a FFL.

Can a trust be a member of an LLC allowing any trust beneficiaries to have access to the nfa items?

Has anyone in Missouri done this?

Can an nfa item be transferred from a individual into the trust without another stamp?

[msr]

Just asked this question in a different section. No answer yet.

[66427vette]

all you need is a c and r licence 30 bucks for 3 years required in mo. where in missouri are you?

[ronin111]

all you need is a c and r licence 30 bucks for 3 years required in mo. where in missouri are you?

I'm looking at options other than individual ownership. I've got the C&R and a couple items but would like to allow others to use them.

[msr]

Look here for information on transferring from individual to a trust;

viewtopic.php?f=2&t=62474&p=605523#p605523

[ronin111]

Thanks

So it looks like it would be another stamp to move any items into the trust.

Are there any Missouri residents with a nfa trust?

[msr]

I'm on a C&R FFL.

[Garrett]

I'm looking at options other than individual ownership. I've got the C&R and a couple items but would like to allow others to use them.

As you noted, a trust cannot hold an FFL. So you are limited to individual or corporate ownership in MO. I stuck with individual ownership for all of my stuff. Nobody is going to be playing with my NFA stuff when I'm not there anyway.

In your instance, it sounds like corp is the way to go. When you set up the corporation, list the other people who are to have access to the NFA stuff as directors of the corp. I'm thinking the articles of incorporation should say something about all of the directors having access to the assets of the corporation. Have a lawyer who specializes in corporate law write it up for you. It would be money well spent.

And yes - since a corporation (or trust for that matter) is a separate entity, you would have to pay another transfer tax for each NFA item you want to transfer from yourself.

[Mr_Psmith]

571.020. 1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:
...
(6) A firearm silencer;
...
2. A person does not commit a crime pursuant to this section if his conduct:
...
(5) Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance; but if the weapon is a type described in subdivision (1) or 4 of subsection 1 of this section it must be in such a nonfunctioning condition that it cannot readily be made operable. No short barreled rifle, short barreled shotgun, machine gun, or firearm silencer may be possessed, manufactured, transported, repaired or sold as a curio, ornament, or keepsake, unless such person is an importer, manufacturer, dealer, or collector licensed by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, U.S.C., Title 18, or unless such firearm is an "antique firearm" as defined in subsection 3 of section 571.080, or unless such firearm has been designated a "collectors item" by the Secretary of the Treasury pursuant to the U.S.C., Title 26, Section 5845(a).

On my reading of the law, it looks like a trust could certainly be legal title-holder to silencer, but any trustee wishing to possess such silencer must be a manufacturer, dealer, or collector.. I think it is perfectly reasonable to read the above to permit trust ownership of the silencer so long as the trustee(s) who wish to possess the silencer are licensed (C&R, in most cases). Remember, a trust can't possess anything, but it can hold legal title to it. Only a trustee can possess something, and that is why you have to sign your name as trustee on the form.

BTW, I wonder if this also means since they forgot to write an exemption for the employees of a "manufacturer, dealer, or collector licensed..." that only employees with an FFL (of any kind) can legally possess those specified Title II items? The wording in this Missouri law looks poor, but I am not a lawyer.

[Garrett]

I think it is perfectly reasonable to read the above to permit trust ownership of the silencer so long as the trustee(s) who wish to possess the silencer are licensed (C&R, in most cases). Remember, a trust can't possess anything, but it can hold legal title to it. Only a trustee can possess something, and that is why you have to sign your name as trustee on the form.

I believe a few of these were allowed a few years ago where the trust held title to the firearm and the trustee had an FFL. But later on, ATF stopped accepting these in MO, and required the entity that "holds title" to the firearm have an FFL. Meaning a trust was a no-go.

FWIW, the one exception is that no FFL is required if the firearm qualifies as a C&R. So a trust could own a C&R MG or an old C&R Maxim silencer in MO.

[Mr_Psmith]

Hm. Someone should sue. I think so long as the person possessing it has an FFL, requirements uner Missouri law have been met.