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Taking the Trust route to the NFA...
This is in response to FormerNOPD's request for more in formation on the Trust route to the
NFA. Enjoy!
Have you ever looked at pictures online of sound suppressors, machineguns, short-barreledrifles/shotguns, grenade launchers, or other weapons and wondered..."how'd they GET thosegreat toys!?"
Most know that they aren't outright illegal, but the barrier to entry into what is commonlyreferred to as the "Class 3 World," is prohibitive. But knowledge is power, and so I want to giveeach of you the power to break into the fun-filled world of the NFA!
First off, let's briefly discuss what you can and can't hope to buy through the NFA process.
Registration categories in the NFA:
1- SBR: Short-Barreled Rifles (barrels
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Trust Process
If you have a trust, the trust can be approved to own an NFA firearm. You would simply be thetrustee, authorized to possess the items. The trust route is slightly different than the Individualroute. For starters, no need for the fingerprints, as a paper entity does not have any. Ditto with
the passport photos. When you send in your paperwork, you will need to include a copy (COPY,not original) of the Declaration of Trust. With very little background checking to do (none?), thepaperwork is usually approved quicker than individual transfers.
Now, how do you GET a trust? I'm glad you asked...
First off, a trust is an entity, not a corporation. There is no ongoing paperwork that must be filedto maintain a trust. There is no filing fee for a trust. There are no obligations whatsoever once thetrust is formed. It exists, and that's enough. It has legal implications over the assets of the trust,as ownership is no longer in YOUR name, but in the trust.
Now that we know a little about what a trust is, here's what you'll need to do if you want to formone. While an attorney can draft up a perfectly suited trust, that may be unnecessary if all you arewanting is a legal method for transferring NFA firearms into your possession. If you wantedsomething MORE out of a trust, you should consult an attorney.
If you have determined you do not need professional legal advice, you WILL need some help.Socrates and Quicken both make software packages suited to estate planning, and includetemplates for wills and trusts.
Socrates Estate Planner:
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Quicken Willmaker 2009:
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With the software in hand, you should go through the various templates and pick the one for you.There are married, single, irrevocable, revocable, and other types included. You will want thesingle revocable living trust, unless you are either married and want your spouse included in theprocess. This is not necessary.
First, you will need to pick a name for your trust. This will need to be engraved on any firearm
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you MANUFACTURE, but not those you have transferred to you. When you "make" a short-barreled rifle by slapping a 10" upper on a lower receiver, you have MANUFACTURED anSBR. So, you MAY not want to use your name. I chose "Wise Firearm Trust."
Where the software leaves a blank, fill it in appropriately.
Let's look at some legal vocabulary:
The Grantor is you.The Trustee is you.
It looks awkward, but YOU are assigning all ownership rights of the included property to YOU,to take care of them for YOUR interests. It's a bit redundant, I know.
You can also assign joint Trustees, which could be your brothers, wife, dad, or friend. Keep inmind, this joint Trustee will have complete possessory rights of the items, and could exert this
legal authority if provoked. Be careful!
You can also name beneficiaries of the assets, in the event of your death. In this way, the Trustacts like a will. But instead of passing the assets from YOU to your beneficiary, it passes fromyour TRUST to your beneficiary, OR to another named SUCCESSOR TRUSTEE to possess theassets until the beneficiary is old enough. (A lot of wills have trust provisions that do the samething.)
Here is what the front of my Declaration of Trust looks like:
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Once you have trust documents filled out properly, you will need to have it signed by a notary,and witnessed. I have blocked out most of the information on this page, but perhaps it might still
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be useful to see:
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You will also have to fill out a Table of Assets. This will include every NFA firearm you transferto the trust. It is a simple spreadsheet with the item description. I have three NFA firearms. ASBR and two suppressors. This is my table of assets:
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The transferred (titled) assets do not need any further documentation, but you will need todocument any transferring of non-titled assets into the trust. This comes up when you want to
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SBR an AR lower. You will first need to transfer the lower into the trust, via an Assignment ofProperty. You just fill out a simple form, include the description and serial number, then havesomeone witness your signature authorizing the assignment of the property.
It looks like this:
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So, now you have a trust. WOOHOO! Make a copy of the Declaration of Trust pages. Then goput the original in your safe.
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Now you are ready to start filling out those Form 4's (transfers) and Form 1's (application tomanufacture.)
I hope this has inspired at least one of you to take the plunge into the World of NFA!
Last edited by jwise; 12-10-2008 at 05:06 PM.
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Any comments contained herein regarding the legality of firearms, or the application of law, are strictly applicable to Texas. If you live in CA, NY, IL, MA,D.C., etc., the above comments will probably shock you, and should be read for educational purposes only. Most likely nothing I write will apply to you.
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12-10-2008, 04:31 PM#2jwise
Forum MemberJoin Date
Apr 2006Location
Dallas, Texas
Posts 3,962Now that you have a trust, let's look at those pesky forms.
Form 1
For my SBR, I had to fill out a Form 1. Remember, that's the application to manufacture a NFAfirearm. This form is used to manufacture an SBR, SBS, DD, AOW, or machinegun. It's no
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longer used to register machineguns, since that has been banned, but it was the form that WASused 20+ years ago.
Engraving
Before submitting the form, you should take your receiver that you are registering and have itengraved. You will need to engrave it with the name of your trust, and the city/state. It will needto be in a conspicuous location, easily viewable. You can't hide it under the grip! The mostcommon place to put the engraving is on the receiver (for an AR), or the barrel (for a shotgun,etc...) Since the AR is modular, the receiver makes the most sense, so you can still takeadvantage of its modularity without compromising the legality of the firearm.
Here you can plainly see the HACK job my local engraver did on the side of my lower. I wouldrecommend you plan ahead, and send you lower off to a PROFESSIONAL who can do a muchbetter job than the guy who did mine...
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There has been some disagreement in the NFA world as to engraving. Some have interpreted thisto be only the ORIGINAL manufacturer, not the NFA manufacturer. Notice how the receiver ofa Colt LE6920 is already engraved with "Colt, Hartford, CT." Some say THAT suffices, andTHAT is what you should write down in the box labeled Addiitonal Description. I disagree, and I
think I have the majority opinion on my side (as well as the "safe" side.)
After you have completed the Form 1, and have sent it off with your check/money order/cashier'scheck for $200, and a COPY of your Declaration of Trust, you will have some time to wait.
One day, you will receive a plain envelope in the mail. It will be from the ATF, and will haveyour stamped/approved Form 1 enclosed.
Here's what a Form 1 looks like. I have blotted out the sensitive parts, like my full name,address, phone number and the like. I also deleted the serial number of my rifle.
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Notice the STAMP on the top right hand corner. If you can read it, the stamp is for $200! That'sthe most expensive stamp I've ever seen! Otherwise, it looks just like a postage stamp, but a little
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bigger.
You should do exactly what you did once your Trust was executed, and that is to RUN (don'twalk) to the nearest copy machine and make duplicates. Then, take the original, and put it inyour safe. After the original is secure, take ONE of the copies and KEEP IT WITH THE
FIREARM! This is your GET OUT OF JAIL FREE CARD. DO NOT LOSE IT!
Some people copy the Form 1, shrinking it down to business card size. They then laminate it, andcarry it around in their wallet. While it will take a magnifying glass to read, it IS a portablemethod for keeping your DEFENSE TO PROSECUTION with you.
I have chosen, instead, to fold up a copy and keep it near the firearm (or IN it!)
For my AAC M4-2000, I keep a copy in the pouch along with the suppressor:
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For my SBR, go one step further. I love my Tango Down VFG, because it has STORAGEcapability!
You'll notice TWO Forms in the picture, other than the batteries. One is for the SBR, and theother is for the AAC M4-2000, since it is the rifle the suppressor is usually attached to.
Speaking of the M4-2000, I love this thing. Check out the front of it:
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Too cool...
Form 4
The Form 4 is similar, except there is no engraving. The ORIGINAL MANUFACTURERalready engraved it. Do you see the engraving on the suppressor above? See the required text?It's there.
The process for a Form 4 transaction is slightly different. You will go to the Fun Store, and pickout what you want. You then arrange the transaction with the store owner (Class 3 FirearmsDealer.) He will most likely have you pre-pay either a percentage, or full amount, before hesends off the forms. He will need you to fill out a Form 4, and bring a $200 check along with
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your Declaration of Trust. He then will send off the paperwork to be approved.
A month or so later, he will give you a call. You now get to go to the store, where he will presentyou with the stamped/approved Form 4 and your treasure!
This was my first...
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Here's the Form 4 that went with it:
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Now you know how to do it. So get out there, and support our economy!
