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Old August 22, 2009, 04:00 PM   #1
AF_TT
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Owning a suppressor in the military?

I am in the Army and do deploy and go on other trips of similar nature. I want to get a suppressor for my 1911 and another later for my AR. If I leave how do I go about leaving them with my wife or dad during the deployment? Also what is this NFA trust I see on here? They say its easier etc. Just wonder what it entails and does for me?
Thank you in advanced for help!
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Old August 23, 2009, 11:24 AM   #2
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Put them in a safe deposit box. That way you maintain possession. You can't give them to relatives fo storage.
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Old August 23, 2009, 11:46 AM   #3
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You can give them to a relative for storage if you go the trust route, and have that family member on the trust.
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Old August 23, 2009, 11:53 AM   #4
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Trust

From everything I have read that seems to be the best route by far. I think I will do a trust and place my family on it. As well as my wife. Thanks guys!
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Old August 23, 2009, 02:24 PM   #5
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Quote:
You can't give them to relatives fo storage.
Yep, you sure can.


You can leave a suppressor or any other NFA item with a friend or relative. You must place the NFA item in a locked container which only you retain the key. You send a letter to ATF stating where you are storing the NFA item. You must leave a copy of your ATF FORM 1 or 4 with the person storing you weapons in case some problem comes up.

NOTE: If you are merely leaving them at your home with your wife, there is no requirement other than your wife must not have access to the NFA item. Lock in an a safe or storage container and you are good to go. ATF already knows where they are being stored.

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Questions/Answers

(M23) If an individual is changing his or her State of residence and the individual’s application to transport the NFA firearm cannot be approved, what options does a lawful possessor have?

NFA firearms may be left in a safe deposit box in his or her former State of residence. Also, the firearm could be left or stored in the former State of residence at the house of a friend or relative in a locked room or container to which only the registered owner has a key. The friend or relative should be supplied with a copy of the registration forms and a letter from the owner authorizing storage of the firearm at that location. The NFA Branch must be notified of the location at which the firearms are stored.
http://www.atf.gov/pub/fire-explo_pub/qa.pdf
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Old August 23, 2009, 03:29 PM   #6
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Thank You!

I appreciate that info! I was worried about that part! I think I may do a trust and list wife and dad to have access in case I deploy or find myself in a state with all the wrong ideas!
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Old August 23, 2009, 03:35 PM   #7
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I am in the Army and do deploy and go on other trips of similar nature. I want to get a suppressor for my 1911 and another later for my AR. If I leave how do I go about leaving them with my wife or dad during the deployment? Also what is this NFA trust I see on here? They say its easier etc. Just wonder what it entails and does for me?
Thank you in advanced for help!

==============================================

Thank you for your service AF_TT.
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Old August 23, 2009, 04:37 PM   #8
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The NFA trust is a way to have joint ownership of NFA items and can pass them to your kids without having them taxed again. Just list all such items as property of the trust and family members you want to have access to them as either trustees or beneficiaries. A good lawyer with experience in the matter (I would insist on one who has done it before) can put it together in no time flat.
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Old August 23, 2009, 05:23 PM   #9
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and can pass them to your kids without having them taxed again.
There is no transfer tax on NFA items being inherited. ATF Form 5.
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Old August 23, 2009, 05:36 PM   #10
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How hard is it to amend?

I plan on buying a MG sometime as well. How hard is it to amend that trust in order to add these at a later date? With a trust do you still go with a Form 4 and just skip the CLEO part?
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Old August 23, 2009, 05:42 PM   #11
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Yep. Form 4 with no CLEO, fingerprints or photos. You use the name of the Trust of as the owner of the firearm. Thus, the Trust, not you, "owns" the firearms.

Hope your saving for that machinegun. They ain't cheap.
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Old August 23, 2009, 05:43 PM   #12
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Double tap.
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Old August 23, 2009, 06:21 PM   #13
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MP5

I found a MP5 with burst or auto ( not 100% which) for 8000 from a local person... From what I see online that 50% off!
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Old August 24, 2009, 09:11 AM   #14
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Are you sure that it is a pre-86 transferable, not a pre-86 dealer sample?
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Old August 24, 2009, 01:44 PM   #15
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Not sure

I will look into it further. What's the difference?
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Old August 24, 2009, 02:44 PM   #16
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One, you can own. The other, only dealers can own.
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Old August 24, 2009, 04:02 PM   #17
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Quote:
I plan on buying a MG sometime as well. How hard is it to amend that trust in order to add these at a later date? With a trust do you still go with a Form 4 and just skip the CLEO part?
The trust will have lists of property. If it is a shared living revocable trust, then each person will have a list of property they own, as well as lists of shared property.

The trust can be modified by any trustee at any time unless the trust contains words prohibiting it. To add property to the trust, just add the description of the item to one of the lists of property. It is that simple. But do not add NFA weapons without ATF approval though.

It is a good idea to use a lawyer to create the trust, but they can be expensive. All of the lawyers I contacted in my area were either too busy with bankrupties or knew nothing about NFA law. The lowest price I was quoted was $600. I ended up using Quicken Willmaker.

When I filled out my lastest ATF form 1 to make a silencer, the trustr was listed as owner. A copy of the trust with schedule A (property list) is sent in along with the form 1, form 5330.20 and the $200 check.

Ranb

Last edited by RAnb; August 25, 2009 at 12:30 PM.
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Old August 24, 2009, 04:42 PM   #18
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I will look into it further. What's the difference?
In May, 1986, the government banned the addition of any new machineguns to the NFA registry for civilian ownership. This created 3 categories of machineguns in the civilian world. The first is "transferrable," which means they were registered prior to the ban and can be owned by civilians by paying the $200 transfer tax.

The other two are "pre-86 dealer samples" and "post-86 dealer samples." These two classes can only be owned by those with a FFL/SOT to deal in machineguns. The difference between the two is that a pre-86 dealer sample can be freely swapped between dealers and can be retained by a dealer if he gives up his license. A post-86 dealer sample can only be obtained by a dealer if he has some government agency give him a written request for a demonstration of that weapon and he cannot retain it if he gives up his license. As such, pre-86 samples cost more than post-86 samples.

$8,000 is about the price a pre-86 dealer sample MP5 would sell for. Of course, you may have just found someone that has no idea what their machinegun is really worth.
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