NFA Trust Questions

Coldvayne13 · Nov 27, 2014

Okay, I have a somewhat specific situation. I'm looking into buying a 9mm can. I want to set up a trust for all the obvious reasons. With that said, I have a few questions. I currently live in Maryland, but am soon moving to CT(which allows suppressors). Soon meaning January-February. I found a can for a really good deal on sale plus a $200 rebate. My main thing is although a trust is set up in state would it retain its legality when I move? Secondly I'm sure I won't get approval until after I've moved with the wait times I've heard, what's the best way to go about purchasing? I don't live by myself so is there a way I could consider both places my residence if its my parents house and my new place in CT? Maybe even just let the time pass and see if they get done by the time I move then file the moving form? I've wanted a can for a while and seeing one for sale for $400 plus a $200 "rebate" on an $850 can is very inspiring. I guess I'm just a little overwhelmed by all the factors, and am looking for a little direction in this. Thanks for taking the time to read through this and any response would be appreciated.

outrider58 · Nov 27, 2014

Don't forget to add the cost of two trusts into that great deal. One for Md and one for Conn. Not such a great deal now, is it? I'd wait for the move. It'll probably take six months or more for the can. IANAL

Ferg · Nov 27, 2014

You should talk to the lawyer that is drawing up your trust, but at a minimum I understand that if your Maryland trust is examined by a gun trust lawyer of another state, that there is a potential that the Maryland trust might be applicable in the other state, if it meets the other states criteria for a trust.

Your lawyer in Maryland will be able to clear it up for you.

Edit:
http://www.guntrustlawyer.com/2011/04/what-happens-with-my-gun-trus.html

anderson76 · Nov 28, 2014

I currently live in Maryland, but am soon moving to CT(which allows suppressors).

Keep in mind that CT has implemented a far more comprehensive AW ban than MD. If you don’t have an AW certificate you cannot possess an AW. If you have not already applied for an AW cert it is too late to do so. I mention this because you are looking at a 9mm can. CT has adopted a single feature AW ban. Threaded barrels are a no go.

My main thing is although a trust is set up in state would it retain its legality when I move?

If you valid trust under MD law you will have a valid trust under CT law.

I don't live by myself so is there a way I could consider both places my residence if its my parents house and my new place in CT?

Whether you are considered a resident of one state or another depends upon context. For example, for the purposes of taxation you may be considered a resident, while at the same time, for the purpose of in state tuition, you may be considered a non-resident. My guess is that you want to start the transfer process in CT while you still mostly living in MD? In this context, and if you maintain a non-transient presence in both states – then IMO, you are residing in both states (I say in IMO because BATF has issued no guidance on this exact issue).

BigDaddy · Nov 28, 2014

My main thing is although a trust is set up in state would it retain its legality when I move?

If you valid trust under MD law you will have a valid trust under CT law.

I've not decided where to move, but the 3 states I have in mind are AZ, NM and VA. I asked this same question to two of the gun trust lawyers on MDS by pm. One of them got back to me, and he said to wait. The MD trust would not be valid and I would need a new trust. That would mean a transfer beteen trusts and a new tax stamp.

smdub · Nov 28, 2014

A revocable trust should be able to be amended to be legal in another state (so says a lawyer I've talked to.) But your lawyers will have the final say.

Pinecone · Nov 29, 2014

That is what I have heard, you amend the trust, keeping the old trust as part of it, and there is no transfer.

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