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shadow116
April 20th, 2009, 11:33 AM
I am just getting my ducks in a row, and researching the whole trust issue. In my research I ran across these articles. Has anyone else seen these or have anymore information. I know that these articles are written by lawyers for themselves, but some of the arguments seem valid.

http://blog.princelaw.com/2009/3/3/can-i-use-quicken-will-and-trust-maker-for-my-gun-nfa-trust

While Quicken and Legal Zoom may (see issues listed below) be a viable option for typical trust assets (bank account, car, jewelry, stocks), they are NOT designed for NFA firearms. To the unwary NFA owner, the lack of NFA specific provisions in the trust may result in illegal transfer of a NFA firearm, breaches of duties and/or obligations of trustees, forfeiture of the firearm(s), and possible criminal charges, such as illegal possession of a NFA firearm.

http://www.guntrustlawyer.com/2009/04/atf-and-invalid-quicken-trust.html

I have reviewed and modified many trusts that individuals have attempted to create on their own using canned software or generic forms. Many of these trusts do not achieve the desired results and almost half of the trusts I have reviewed are invalid because of technical flaws contained within the trust.

CKOD
April 21st, 2009, 07:00 AM
I'd definitely get a lawyer, I saw that thread on silencertalk before prince law picked it up. Kinda nice that the ATF will sign off on something even though the trust was invalid, which would make actually executing the transfer invalid, and illegal...

EDIT: turns out they werent approved,
I just got to look at my forms, i had my Bro scan and email them all to me. THEY ARE NOT APPROVED. They have the ATF number they stamp at the top of them, so my family told me they were aproved. They each have the paper with them saying that the trust is invalid, and to correct it and re submit to the atf address listed. I hopefully will have this fixed shortly.
Either way though I'd not want to have any issues because the ATF's word isnt the final word on if its valid or not.
/edit


Goldman appears to have the whole trust handled not just for us for purchasing now, but as far as instructions should the trust have to be executed. $600 (what I heard their trust runs, or around that anyway, not 100% sure) may seem steep for a lawyer to give you something they had premade, but its cheap compated to $100,000 and 10 years in FPMITA Prison.

Plus, $20 for 3 finger print cards, (at least for me at the local sheriff's) $18 for MSP background investigation, photos, and at least $10 in gas driving to pikesville and back, is almost $50, you'll make it back by your 12th NFA purchase ;) Plus you wont have to put up with shaniqua at MSP who hates her job, her life, and you.

"I'm here for a police signature on an ATF form 4"
'U mean class tree?'
"Yes, class three"
'hol don'
few minutes later, someone else comes out and acts like shes doing you a favor taking your paperwork.

If youre only getting one or two items, and your local sheriff will sign off, do it that way, if you want more possibly, make a trust and enjoy not having a CLEO signoff, and it going though the ATF marginally quicker.