LLC in place of Trust?

Yellowfin · February 19, 2009, 03:54 AM

I have been long wanting a couple of cans and will finally have the funds to get them pretty soon, but have run into a snag. Due to my wife's work, we're moving to a state that doesn't have suppressors as an option. I know about revocable living trusts being commonly used for acquiring and owning NFA items, particularly suppressors, as an established route. I have a side job with a multi state business and will likely be doing a fair bit of business within PA which is nearby and NFA friendly. I've been kicking around the idea of setting up an LLC as a structure for doing business there, having the cans as property of the LLC, having a bank safe deposit box to keep them in PA (which I gather is an accepted manner of storage when away from one's cans), and use them only when there. Anyone know much about this? I may pick up a partner among our PA relatives if they want to work with me so they'd be an in state resident if that's required.

I know, I shouldn't expect a 100% qualified legal opinion and I'm not, just looking for ballpark figures here.

Bartholomew Roberts · February 21, 2009, 02:31 PM

Well, the smart way to do that would be to write ATF and get an answer in writing. That way you will have a definitive answer that can be used to protect yourself.

Having said that, I have an LLC myself for a suppressor and haven't seen anything in the laws or regulations that would prohibit what you are talking about; but I haven't made much of a search either. You will also want to check out PA state laws regarding what is necessary to form a valid LLC there.

February 19, 2009, 03:54 AM	#1
Yellowfin Senior Member Join Date: January 7, 2007 Location: Lancaster Co, PA Posts: 2,311	LLC in place of Trust? I have been long wanting a couple of cans and will finally have the funds to get them pretty soon, but have run into a snag. Due to my wife's work, we're moving to a state that doesn't have suppressors as an option. I know about revocable living trusts being commonly used for acquiring and owning NFA items, particularly suppressors, as an established route. I have a side job with a multi state business and will likely be doing a fair bit of business within PA which is nearby and NFA friendly. I've been kicking around the idea of setting up an LLC as a structure for doing business there, having the cans as property of the LLC, having a bank safe deposit box to keep them in PA (which I gather is an accepted manner of storage when away from one's cans), and use them only when there. Anyone know much about this? I may pick up a partner among our PA relatives if they want to work with me so they'd be an in state resident if that's required. I know, I shouldn't expect a 100% qualified legal opinion and I'm not, just looking for ballpark figures here. __________________ Students for Concealed Carry on Campus http://www.concealedcampus.org "You can't stop insane people from doing insane things by passing insane laws--that's insane!" - Penn Jillette

February 21, 2009, 02:31 PM	#2
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Well, the smart way to do that would be to write ATF and get an answer in writing. That way you will have a definitive answer that can be used to protect yourself. Having said that, I have an LLC myself for a suppressor and haven't seen anything in the laws or regulations that would prohibit what you are talking about; but I haven't made much of a search either. You will also want to check out PA state laws regarding what is necessary to form a valid LLC there.