Final Action date for 41P officially pushed to Dec 2015

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    AssMan

    AssMan

    Meh...
    MDS Supporter
    Jan 27, 2011
    16,414
    Somewhere on the James River, VA
    fabsroman said:
    If this goes into effect, there is no longer a need for a gun trust unless you have grandfathered items in one.



    If you buy the machinegun after this goes into effect, might as well just have it in your name and go through the same hoops as if you were to put it in the trust post P41 ending up a YAY.



    I really do hope that P41 gets scuttled just like the ridiculous proposal to ban M855 ammo.
    Click to expand...


    I have a few items in a trust already. I agree that moving forward it makes no sense to do so. I'll just buy a C&R MG eventually. At least it potentially quickens the transfer process.


    Sent from my iPhone using Tapatalk
     
    S

    SWO Daddy

    Ultimate Member
    Jun 18, 2011
    2,469
    fabsroman said:
    Good Lord, I thought it was only going to be that the "responsible person" on the trust would need to get photographed and fingerprinted. Then again, I guess all trustees would be considered responsible persons. What a PITA. I need to find a day to finalize my trust and get the e-forms filed.

    Can I get an 8 day week please? lol
    Click to expand...

    Yep, the entire premise for 41P is that someone could add a prohibited person to their trust, even though they can't point to a single example of it being done.
     
    N

    Nabla

    Banned
    BANNED!!!
    Sep 17, 2013
    53
    Baltimore City
    Just curious, what does a "prohibited person" mean? Does it include a person that cannot possess NFA items due to residence in an NFA-unfriendly state? Sorry for the specific question, it's relevant to my situation.
     
    AssMan

    AssMan

    Meh...
    MDS Supporter
    Jan 27, 2011
    16,414
    Somewhere on the James River, VA
    Nabla said:
    Just curious, what does a "prohibited person" mean? Does it include a person that cannot possess NFA items due to residence in an NFA-unfriendly state? Sorry for the specific question, it's relevant to my situation.
    Click to expand...

    Good question. Presumably your NFA items in the trust are able to be legally possessed in the trust's principal place of administration/state. My trust includes compliance with local and state laws in the definition of "prohibited person," but I don't think you need to do it that way. In fact, had I read this more carefully, I might have amended the definition to match the Federal definition. Seems silly to exclude law-abiding folks from participating in the trust simply because the NFA items in a VA trust are prohibited by MA law (for example) - when those NFA items will never actually be in MA.

    My gut tells me that it's the local and state laws of the principal place of administration for the trust that apply, and that a person is not prohibited because they are residents of an NFA unfriendly state, but IANAL. :D
     
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