Repeat Purchases with Trust questions

General silencer discussion. If you want to talk about a specific silenced rifle or pistol, it is best to do that in the rifle or pistol section for that brand.

All NFA laws apply.

Moderators: mpallett, mr fixit, bakerjw, renegade

Post Reply
User avatar
MurphyPeoples
Member
Posts: 11
Joined: Sun Mar 04, 2012 7:04 pm
Location: Clinton, SC

Repeat Purchases with Trust questions

Post by MurphyPeoples »

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
User avatar
Wahnsinn
Silent But Deadly
Posts: 1575
Joined: Wed Jun 02, 2010 4:06 pm
Location: North Texas

Re: Repeat Purchases with Trust questions

Post by Wahnsinn »

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
dtom29
Silent But Deadly
Posts: 1015
Joined: Sat Sep 20, 2008 6:15 pm
Location: Pa.

Re: Repeat Purchases with Trust questions

Post by dtom29 »

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.
User avatar
thoppe
Senior Silent Operator
Posts: 107
Joined: Tue Oct 26, 2010 8:40 pm

Re: Repeat Purchases with Trust questions

Post by thoppe »

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)
User avatar
PAIN
Silent But Deadly
Posts: 376
Joined: Thu Aug 26, 2010 5:24 am
Location: CT, USA

Re: Repeat Purchases with Trust questions

Post by PAIN »

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.
NRA Benefactor Member
User avatar
Jt.kline19
Silent But Deadly
Posts: 439
Joined: Mon Dec 06, 2010 8:12 pm
Location: St Louis, Missouri

Re: Repeat Purchases with Trust questions

Post by Jt.kline19 »

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.
Once a Marine Always a Marine, so why reenlist?
Member of LSU
In Memory of the First Person to Get Me Into Guns, and NFA. RIP Edward R. Kline USAF Retired, August 12, 1953- May 26, 2012
Stout
Silent But Deadly
Posts: 176
Joined: Mon Oct 19, 2009 7:19 am
Location: Helotes, TX

Re: Repeat Purchases with Trust questions

Post by Stout »

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
Senior Silent Operator
Posts: 140
Joined: Sat Dec 25, 2010 7:42 pm

Re: Repeat Purchases with Trust questions

Post by GTFord1 »

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.
User avatar
Libertarian_Geek
Silent But Deadly
Posts: 3116
Joined: Tue Jul 07, 2009 9:52 am
Location: Snarkeville, MS

Re: Repeat Purchases with Trust questions

Post by Libertarian_Geek »

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.
https://www.facebook.com/DareDefendOurRights
GTFord1
Senior Silent Operator
Posts: 140
Joined: Sat Dec 25, 2010 7:42 pm

Re: Repeat Purchases with Trust questions

Post by GTFord1 »

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.
yamatitan
Silent But Deadly
Posts: 1245
Joined: Mon Nov 09, 2009 12:00 am
Location: Louisiana

Re: Repeat Purchases with Trust questions

Post by yamatitan »

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.
User avatar
MurphyPeoples
Member
Posts: 11
Joined: Sun Mar 04, 2012 7:04 pm
Location: Clinton, SC

Re: Repeat Purchases with Trust questions

Post by MurphyPeoples »

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
Post Reply