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Old November 12, 2009, 10:37 AM   #15
MrClean
Senior Member
 
Join Date: January 31, 2008
Location: State of Confusion
Posts: 336
Trusts - Personal - etc

Just got my paperwork finished up for my latest "can" and BACK in the mail to ATF. Yes, I said BACK to them. The original paperwork was filing under a Trust (for the first time). ATF kicked it back because it was lacking certain component(s). Agent was VERY helpful and explained all he could legally. After talking to several folks about it, I decided just to file back as individual.

I am NOT a lawyer and am NOT stating anything you should take as gospel without checking it out for yourself. Below is what I found out while checking into NFA Trusts, I finally just got CLEO signoff. If you are buying a can and paying 200 for a tax stamp..... uhm.... 20.00 for fingerprint cards isn't really a big deal, is it?? And as far as them "knowing" you have it.... if it gets that bad, they ATF will let them know you have those things. haha

* Just because the ATF gives you the stamp you filed for under a NFA Trust does NOT mean they are saying your NFA Trust is legal. They are NOT responsible for verifying the legality of it. Therefore if it is not a valid/legal NFA Trust you have just committed a FELONY.

* They are finding out that many dealers (and even some lawyers) are helping their customers out by giving them templates/forms for NFA trusts.... however, they are NOT complete and therefore illegal. This sets you up for major trouble down the road.

* People take for granted that just because the dealer gave it to them and their friends have gotten suppressors using the same form, that it's legal and valid. I have a friend that filed the same paperwork as I did ( Used his as a template ) and got his approved. ATF pointed out that mine was not valid or legal, and they just happened to catch it. That's scary. And again, the ATF is not accountable to verify it is valid and legal.

* There is a big difference between "Certification of NFA Trust" paper and "Declaration of NFA Trust" paperwork. There are many components which must be there for a valid legal NFA Trust, which differs from a regular trust from what I have been told by those I believe to be most knowledgeable about this.

* The only way I felt comfortable ensuring I was going to file a legal/valid NFA Trust was to go with a lawyer that does NFA Trusts. Too much money and hassle for me. I talked to TWO lawyers that said they would create me a "NFA Trust" with no problem, BUT.... the more questions I asked the less confidence I had in them and their knowledge in this unique area. Filing personal like I did works for me. And I am 100% sure I am legal. My Will covers what is to be done with them and everything else I own.

* As far as the whole "upon my death" someone might have to pay 200 per item to get it in their name..... big frikkin deal. You mean whoever just got all this free stuff is gonna gripe about 200 for an SBR, Suppressor, Select Fire weapon? Use the money I left behind to pay for it. LOL


Side Note: I would suggest checking with your CLEO FIRST to see if he is going to give you any grief about getting his signature later. I have gotten sign off on all of my 'toys'. I think most CLEO's are fine with it, especially once you come in, sit down and visit with them. But I have heard of a few instances where they had "issues" with it.
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