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View Full Version : Military---freqent moves and a NFA Trust?


plouffedaddy
June 25, 2011, 11:09 AM
I'm in the military and debating setting up a NFA trust. Question is---since I move every 2-3 years, can I set up a trust here in SC and have it move with me to NC, TX, ect...?

oldkim
June 25, 2011, 01:14 PM
All transfers of ownership of registered NFA firearms must be done through the federal NFA registry. The NFA also requires that transport of NFA firearms across state lines by the owner must be reported to the ATF.

http://en.wikipedia.org/wiki/National_Firearms_Act


Sorry but I am not a lawyer...

But common search found this above.


I'm sure there is more to it then just reporting. You have to keep in mind that every state also has further "restrictions" For example right now in Washington State... one can own a NFA item but cannot shoot them in Washington. This is changing as of Friday, July 22, 2011 HB 1016 will make it so folks with suppressors can shoot them too.

Have you checked on the states what and if they have any other restrictions?

This link you can look up by state:
http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)


Here's a link for transporting NFA items across state lines:
http://www.guntrustlawyer.com/form20.html


Good luck!

plouffedaddy
June 25, 2011, 05:25 PM
Thanks for the info. I realize I may not always be able to take it with me (I'll just leave them at my parents house if I get assigned to a state where I can't own them.

plouffedaddy
June 25, 2011, 05:26 PM
To caveat the above---I'd include my father in the trust ahead of time...

The Law
June 26, 2011, 10:19 AM
I recently drafted a NFA trust and my client was US Army who travels frequently. He added his wife and two adult children as Co-Trustees which allowed them to also legally possess the items in his absence.

James K
June 26, 2011, 08:38 PM
Check me on this, The Law, but I believe a trust has to be established under the laws of the state that it is in and is considered like a corporation registered in that state.

Plouffedaddy, AFIAK there is no need for the trust to move with you, and I think it would be impractical for it to do so (see above). I would establish the trust at a fixed address, name someone at that address as a co-trustee, and keep the NFA item(s) there. That way, you don't have to worry about being assigned to a state where an item is illegal, or have to be concerned about military regulations or local command rules. Of course, you wouldn't have access to the item(s) except when you are at the trust location, but you would have them when you get out.

Jim

The Law
June 26, 2011, 10:05 PM
Check me on this, The Law, but I believe a trust has to be established under the laws of the state that it is in and is considered like a corporation registered in that state.

Jim, that may very well be true, dependent on the state. There is no trust registration in Nevada, so that similarity with corps. doesn't exist here. A Nevada trust remains so, but may need changes to be recognized in another jurisdiction. Since I am only licensed in Nevada, I cannot really opine on another state's trust requirements/recognition.

I like to err on the side of caution and recommend to anyone relocating out of state to at least have a local attorney review their trust. Amendments may not be necessary, but you never know. For the most part, laws regarding trusts are fairly universal, with only some states having nuanced differences.

James K
June 27, 2011, 11:27 PM
Thanks for that information.

Jim