Transfer from individual stamp to a Trust

2nd Amendment and Freedom

Moderators: mpallett, bakerjw

Post Reply
paper9
Silent But Deadly
Posts: 225
Joined: Sat Feb 23, 2013 9:29 pm

Transfer from individual stamp to a Trust

Post by paper9 »

Hello, I have NFA stuff as an individual.
I have gotten a trust completed and would like to transfer
the existing NFA stuff into the trust, I know it is another $200.00 per item
and that is about all I know.

What goes in the various Form 4 or Form 1 boxes?
Thanks!!!
SRM
Silent But Deadly
Posts: 1825
Joined: Mon Mar 15, 2010 7:20 pm
Location: wyoming

Re: Transfer from individual stamp to a Trust

Post by SRM »

It will be a f4 and the trust info in all the boxes.
User avatar
bkoski
Silent Operator
Posts: 91
Joined: Sun Mar 16, 2008 7:49 pm

Re: Transfer from individual stamp to a Trust

Post by bkoski »

These will all be a Form 4 transfer.

You are basically filling the Form 4 out as if you are the dealer/owner and the trust is the buyer, since you already own the item, and are transferring it into your new trust. The process would be the same if you were selling your item(s) to an in-state buyer. Your personal (seller) information goes in the Transferor boxes, and the trust (buyer) information goes in the Transferee boxes.

Here's how I filled out my Form 4 to move an old silencer into my trust:

1. Check box for [$200]

2a. Name and address on your trust (If no address in the trust use the address where items are primarily stored)
2b. County from address in 2a

3a. Name of the individual on the current Form 1 or Form 4 (this is you)
3b. Telephone number of the individual on the current Form 1 or Form 4 (your phone number)
3d & 3c did not apply to my transfer, I left them blank

4. This should match the information on your current Form 1 or Form 4

5-8. Blank since you aren't using a dealer

9. I always circle "I DO"

10. Signature of individual on current Form 1 or Form 4 (your signature, since you are the original owner, now signing your property away to the trust)

11. Printed name of individual in block 10. (your printed name)

12. Date

13 & 14. Some people leave these blank. I check "NO" on all of them.

15. Name of Trust goes in first blank. "ANY LAWFUL PURPOSE" (or whatever your excuse is) goes in second blank. Your signature goes in third blank, since you are (I'm assuming) listed in the trust as a Trustee. Date in fourth blank.

16. Do not submit a photo. (Do not submit fingerprints either)

17. I mark every open blank as "N/A". Some people leave it all blank. (you do not need a local LE sign-off either, just send your forms to the address at the top of the Form 4)

I hope that helps. It can be somewhat confusing as to what you need to put where, since you are transferring it to "yourself" in a way. I just think of it as I'm selling my property to my trust, and it just so happens that this new owner (trust) lives at my address, and I am legally responsible, hence why you put your signature in the areas where it asks for the signature of the new owner.

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

Re: Transfer from individual stamp to a Trust

Post by dtom29 »

I'm curious as to why you are going to spend the money to put what you already own into the trust? I could see putting any future items in the trust, but why the current ones? This isn't any type of criticism, just a question.
User avatar
Bendersquint
Industry Professional
Posts: 11357
Joined: Sat Jan 07, 2006 7:19 pm
Location: North Carolina
Contact:

Re: Transfer from individual stamp to a Trust

Post by Bendersquint »

dtom29 wrote:I'm curious as to why you are going to spend the money to put what you already own into the trust? I could see putting any future items in the trust, but why the current ones? This isn't any type of criticism, just a question.
One of 2 things........... A NFA trust lawyer got to him and fed him a line of paranoia or he wants to be able to have other people to have access to his toys.

The latter reason would be why i would transfer all my individual items into a trust.
No2sc2
Senior Silent Operator
Posts: 141
Joined: Wed Mar 21, 2012 7:45 pm

Re: Transfer from individual stamp to a Trust

Post by No2sc2 »

Maybe he wants the ability to leave his items with someone trusted. Thats why I started a Trust. I love it but if the new stupid ruling where photos and finger prints required, I will switch to individual. No time to get prints and photos from every responsible listed in the trust each time.
paper9
Silent But Deadly
Posts: 225
Joined: Sat Feb 23, 2013 9:29 pm

Re: Transfer from individual stamp to a Trust

Post by paper9 »

Bkoski, thanks, very helpful....
Slaine777
Silent Operator
Posts: 73
Joined: Mon Jun 25, 2012 4:21 pm

Re: Transfer from individual stamp to a Trust

Post by Slaine777 »

I am also thinking about transferring items held as an individual to a trust to allow family members access without my presence. I've heard horror stories of the ATF invalidating trusts. What happens when a trust is invalidated? With a normal trust the ownership reverts back to the previous owner. Is that the case with NFA items?
User avatar
Bendersquint
Industry Professional
Posts: 11357
Joined: Sat Jan 07, 2006 7:19 pm
Location: North Carolina
Contact:

Re: Transfer from individual stamp to a Trust

Post by Bendersquint »

Slaine777 wrote:I am also thinking about transferring items held as an individual to a trust to allow family members access without my presence. I've heard horror stories of the ATF invalidating trusts. What happens when a trust is invalidated? With a normal trust the ownership reverts back to the previous owner. Is that the case with NFA items?
I have yet to see an invalidated trust once approved.

If it were ever invalidated it would require a transfer out of it requiring another transfer stamp.

Again I have yet to see an invalidated trust, regardless it be a Quicken or an expensive Gun Trust Lawyer trust.

It is internet rumor.
rimshaker
Silent But Deadly
Posts: 1038
Joined: Mon Jul 23, 2012 10:15 am
Location: FL

Re: Transfer from individual stamp to a Trust

Post by rimshaker »

Bendersquint wrote:
Slaine777 wrote:I am also thinking about transferring items held as an individual to a trust to allow family members access without my presence. I've heard horror stories of the ATF invalidating trusts. What happens when a trust is invalidated? With a normal trust the ownership reverts back to the previous owner. Is that the case with NFA items?
I have yet to see an invalidated trust once approved.

If it were ever invalidated it would require a transfer out of it requiring another transfer stamp.

Again I have yet to see an invalidated trust, regardless it be a Quicken or an expensive Gun Trust Lawyer trust.

It is internet rumor.
Hypothetically though, if some kind of passed legislation were to eliminate/weaken the Trust route, wouldn't a generic Quicken template have more potential legal holes in it to render it invalid?
User avatar
Bendersquint
Industry Professional
Posts: 11357
Joined: Sat Jan 07, 2006 7:19 pm
Location: North Carolina
Contact:

Re: Transfer from individual stamp to a Trust

Post by Bendersquint »

rimshaker wrote:
Bendersquint wrote:
Slaine777 wrote:I am also thinking about transferring items held as an individual to a trust to allow family members access without my presence. I've heard horror stories of the ATF invalidating trusts. What happens when a trust is invalidated? With a normal trust the ownership reverts back to the previous owner. Is that the case with NFA items?
I have yet to see an invalidated trust once approved.

If it were ever invalidated it would require a transfer out of it requiring another transfer stamp.

Again I have yet to see an invalidated trust, regardless it be a Quicken or an expensive Gun Trust Lawyer trust.

It is internet rumor.
Hypothetically though, if some kind of passed legislation were to eliminate/weaken the Trust route, wouldn't a generic Quicken template have more potential legal holes in it to render it invalid?
Without knowing the text of the hypothetical legislation that question can not be answered.

The Trust route will not be eliminated, I know that for sure.
paper9
Silent But Deadly
Posts: 225
Joined: Sat Feb 23, 2013 9:29 pm

Re: Transfer from individual stamp to a Trust

Post by paper9 »

Stamp for trust item completed, 300 days in total.
User avatar
eric10mm
Silent But Deadly
Posts: 779
Joined: Tue Jan 30, 2007 9:30 am

Re: Transfer from individual stamp to a Trust

Post by eric10mm »

Slaine777 wrote:I am also thinking about transferring items held as an individual to a trust to allow family members access without my presence. I've heard horror stories of the ATF invalidating trusts. What happens when a trust is invalidated? With a normal trust the ownership reverts back to the previous owner. Is that the case with NFA items?
Nope. Gubmint comes and crushes the cans. Sorry.

:wink:
User avatar
m1garand30064
Silent But Deadly
Posts: 428
Joined: Mon Nov 16, 2009 8:07 pm
Location: Roswell, GA

Re: Transfer from individual stamp to a Trust

Post by m1garand30064 »

rimshaker wrote:
Bendersquint wrote:
Slaine777 wrote:I am also thinking about transferring items held as an individual to a trust to allow family members access without my presence. I've heard horror stories of the ATF invalidating trusts. What happens when a trust is invalidated? With a normal trust the ownership reverts back to the previous owner. Is that the case with NFA items?
I have yet to see an invalidated trust once approved.

If it were ever invalidated it would require a transfer out of it requiring another transfer stamp.

Again I have yet to see an invalidated trust, regardless it be a Quicken or an expensive Gun Trust Lawyer trust.

It is internet rumor.
Hypothetically though, if some kind of passed legislation were to eliminate/weaken the Trust route, wouldn't a generic Quicken template have more potential legal holes in it to render it invalid?
Not necessarily.
AAC 762SD
AAC M4-2000
Allen Engineering AE30
SilencerCo Sparrow (Aluminum)
SilencerCo Sparrow (Stainless)
SilencerCo Osprey .45
SWR Spectre II
SWR Octane 9 HD
aggiez28
Silent But Deadly
Posts: 181
Joined: Thu Feb 07, 2008 2:53 pm

Re: Transfer from individual stamp to a Trust

Post by aggiez28 »

paper9 wrote:Stamp for trust item completed, 300 days in total.
so why did you do it?
paper9
Silent But Deadly
Posts: 225
Joined: Sat Feb 23, 2013 9:29 pm

Re: Transfer from individual stamp to a Trust

Post by paper9 »

Did not fully understand the Form 5. However, one item is now stamped twice.
User avatar
strom19
Silent Operator
Posts: 79
Joined: Sun Jun 03, 2007 2:54 pm
Location: Central Florida

Re: Transfer from individual stamp to a Trust

Post by strom19 »

I did this same transfer awhile ago with a suppressed pistol. In the event of my demise, my wife would be in legal possession and wouldn't be troubled with any illegal penalty's..
User avatar
Bendersquint
Industry Professional
Posts: 11357
Joined: Sat Jan 07, 2006 7:19 pm
Location: North Carolina
Contact:

Re: Transfer from individual stamp to a Trust

Post by Bendersquint »

strom19 wrote:I did this same transfer awhile ago with a suppressed pistol. In the event of my demise, my wife would be in legal possession and wouldn't be troubled with any illegal penalty's..
She wouldnt have been troubled with an illegal activities anyways. It happens ALL the time and wifes and husbands arent arrested because of the owners death.

File the Form5 and you are fine.
User avatar
strom19
Silent Operator
Posts: 79
Joined: Sun Jun 03, 2007 2:54 pm
Location: Central Florida

Re: Transfer from individual stamp to a Trust

Post by strom19 »

I figured another 200.00 would be worth it in order to alleviate the trouble of her having her fill out the 5 form plus fingerprints and photo's. Since my having a trust I also purchased other items and entered them into it.
danb35
Silent Operator
Posts: 71
Joined: Fri Sep 27, 2013 8:22 am

Re: Transfer from individual stamp to a Trust

Post by danb35 »

When the trust distributes NFA items to a beneficiary, that's still a transfer, and NFA paperwork will still have to be done.
User avatar
Bendersquint
Industry Professional
Posts: 11357
Joined: Sat Jan 07, 2006 7:19 pm
Location: North Carolina
Contact:

Re: Transfer from individual stamp to a Trust

Post by Bendersquint »

danb35 wrote:When the trust distributes NFA items to a beneficiary, that's still a transfer, and NFA paperwork will still have to be done.
Yup but would be done via Form5 so its faster than a Form4 and FREE!
dtom29
Silent But Deadly
Posts: 1015
Joined: Sat Sep 20, 2008 6:15 pm
Location: Pa.

Re: Transfer from individual stamp to a Trust

Post by dtom29 »

danb35 wrote:When the trust distributes NFA items to a beneficiary, that's still a transfer, and NFA paperwork will still have to be done.
Unless she's a co-trustee then nothing needs to be done.
Jjsmg
New Member
Posts: 2
Joined: Thu Mar 31, 2016 7:37 pm

Re: Transfer from individual stamp to a Trust

Post by Jjsmg »

Hey guys, bumping an old thread.. I stamped an item as an individual on a Form 1 (SBR) and want to transfer it to my trust. When it comes to transferring the Form 1 to the Form 4 who do I put in as the manufacturer in 4a on the Form 4? Will it be the original manufacturer (Doublestar Corp.) or will I put the information from the first block on my Form 1 (My name and address)?
User avatar
Bendersquint
Industry Professional
Posts: 11357
Joined: Sat Jan 07, 2006 7:19 pm
Location: North Carolina
Contact:

Re: Transfer from individual stamp to a Trust

Post by Bendersquint »

Jjsmg wrote:Hey guys, bumping an old thread.. I stamped an item as an individual on a Form 1 (SBR) and want to transfer it to my trust. When it comes to transferring the Form 1 to the Form 4 who do I put in as the manufacturer in 4a on the Form 4? Will it be the original manufacturer (Doublestar Corp.) or will I put the information from the first block on my Form 1 (My name and address)?
You would put your information in there as you made it into the SBR.
Jjsmg
New Member
Posts: 2
Joined: Thu Mar 31, 2016 7:37 pm

Re: Transfer from individual stamp to a Trust

Post by Jjsmg »

Thanks bud, that's what I was thinking too
Post Reply