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Old April 6, 2010, 01:38 PM   #1
Wahnsinn
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Join Date: May 16, 2007
Location: Texas
Posts: 6
Trust & Wife - Suppressor Purchase/Ownership

Hi guys, finally looking into getting a suppressor (haven't decided which yet, but that's another topic). My question is about purchasing/owning one. I've seen the different routes one can take to getting one (trust, corporation, form4), and the trust seems like the easiest route. When setting up the trust, I assume I'd have to setup a successor or a beneficiary, which in most normal cases would be my wife. Problem is (or could be) that long ago, some 15-20 years ago, she got in trouble with the law and had a felony conviction. So I'm assuming at this point, since she hasn't gone back to get that conviction expunged, if it's even possible, I could not list her as the successor/beneficiary. Or could she be listed as such and there would be some law about having to immediately surrender it or sell it to a dealer? Or what would happen if she was listed as such, would it be surrendered to the police or given to somebody else that could own it? What if the successor/beneficiary is in a state that doesn't allow suppressors?

Thanks for any help!
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Old April 6, 2010, 02:08 PM   #2
Willie Lowman
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No prohibited person under federal and/or state law shall serve as a Trustee.

Words to me in a letter from an attorney.

If you wife is a felon, she can't be in control of such an item. Placing her on a Trust that owns NFA items wouldn't be a good idea.

If your CLEO will sign the form 4, just do that. People will pile into this thread going on about how the "trust route" is better but it isn't really... It's just a different way of doing the same thing.

Now if the CLEO won't sign, do the trust.
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Old April 6, 2010, 06:48 PM   #3
David Hineline
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Join Date: December 23, 1999
Location: South Sioux City, Nebraska
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Right

I would spend the lawyer money to get the felony expunged in the jurisdiction where it was comited.

Then she can own guns, work a govment job, and vote again.

The NFA item will transfer to a lawful heir on a tax free form 5 but not your wife if she is a felon, she can not take any of your guns and ammunition, have a legal executor ready to take the items, she can reap the financial benefit from their sale but not possess the items. They need to be locked up from her already.

A trust or corporation gun can not goto anyone in a will, they would have to take over the trust or corporation.
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Old April 8, 2010, 07:28 AM   #4
SSgt Facebreaker
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This is something that has crossed my mind, as well; my wife was charged with a felony several years ago but never convicted because the charges were dropped...however she had already pled guilty so she had to serve five years probation. We are in the process of getting her record expunged. I do not currently own any NFA weapons, but I would like to own a suppressor (or two) down the road. I guess my question is...if someone's record is expunged, is it truly expunged? Does she get all gun owning rights back?
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Old April 12, 2010, 10:17 AM   #5
Wahnsinn
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Join Date: May 16, 2007
Location: Texas
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That's probably a lawyer question One thing I'm looking at is it says you can get the felony reduced to a misdemeanor and then dismissed. So I would assume that once it's down to a misdemeanor (so long as it isn't the one they ask about on the forms), should be good to go.

EDIT*** Was just checking another site and here's the scoop, at least for California. If you simply get the felony conviction expunged, you still cannot own/possess a firearm. If you get the felony conviction reduced to a misdemeanor, you are good (again, so long as it's not for domestic violence, in which case you have a 10 year waiting period).

Last edited by Wahnsinn; April 12, 2010 at 10:24 AM. Reason: Additional Info
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Old April 12, 2010, 11:26 AM   #6
Sarcasmo
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Join Date: April 12, 2010
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Quote:
Hi guys, finally looking into getting a suppressor (haven't decided which yet, but that's another topic). My question is about purchasing/owning one. I've seen the different routes one can take to getting one (trust, corporation, form4), and the trust seems like the easiest route. When setting up the trust, I assume I'd have to setup a successor or a beneficiary, which in most normal cases would be my wife. Problem is (or could be) that long ago, some 15-20 years ago, she got in trouble with the law and had a felony conviction. So I'm assuming at this point, since she hasn't gone back to get that conviction expunged, if it's even possible, I could not list her as the successor/beneficiary. Or could she be listed as such and there would be some law about having to immediately surrender it or sell it to a dealer? Or what would happen if she was listed as such, would it be surrendered to the police or given to somebody else that could own it? What if the successor/beneficiary is in a state that doesn't allow suppressors?

Thanks for any help!
First of all, ALWAYS consult an attorney for answers to legal questions. Always. Never rely on message boards.

That having been said, a couple of points:

1. Anyone can be a beneficiary in Texas. A beneficiary is simply someone who is intended to inherit something from a Grantor, typically via probate or other disbursement following the Grantor's death. Felons are not prohibited from an inheritance. Note that a beneficiary is different from an Executor or a Trustee.

2. Per Sec. 46.04 of the Texas Penal Code, a person with a felony conviction may legally own a firearm at least 5 years after the date of their release from confinement, as long as the gun is kept at their residence (since, in most cases, felons can't get a CHL and unlicensed carrying is still illegal)

3. I see no provisions restricting a person with a felony conviction from ever owning an NFA-licensed device.

4. I see no reason why your wife couldn't inherit a silencer.

5. In general, Texas doesn't expunge felony convictions. Not that it appears to matter in this case.

6. Attorney. Consult one.
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Old April 13, 2010, 08:39 PM   #7
brucey44
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I had the same issue recently when I tried to get a silencer- my wife had a dui charge and had record, so could not use her.

I got my dad to get it - and I got it no problems
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