Ready for a Form 1?

Okay folks, I'm looking to send in my second NFA, a SBR lower, item for approval. Currently this is just a receiver transferred to me, not my trust. I recently purchased a suppressor (Form 4) through a trust I had written up by a lawyer. I just have a few questions before I attempt to send in a Form 1.

1. Regarding the Schedule A of the trust, I did not send this in with my Form 4 since I did not own any NFA items at the time. When I send my Form 1 in, should I list the recent suppressor on my schedule A with the trust's bank account info and location of ownership?

2. I have read a few places that the manufacturer of the SBR is actually going to be the trust, not the company that makes the lower. On question 4a of the Form 1, do I list the trust as the manufacturer or myself? Since I am technically the individual in charge of the trust and will be the one actually manufacturing the SBR. I understand that when I am approved, I will need to have the lower engraved with the name of the trust as well as the city and state before I can assemble the SBR.

3. Transferring the lower to the trust? Since the state of MD finds this hunk of metal to be dangerous, do I need to transfer the lower to the trust and list this on the Schedule A as well. I have read two separate threads and found that people have not transferred their lower to their trust. I have also read that MSP does not recognize a trust as a separate entity and therefore no transfer is necessary. Is this correct?

Any and all input is greatly appreciated. Thanks!

I have the same questions. It looks like some people say put it on the schedule A when you send it in. Some people say don't put it on the schedule A until you get the stamp. I'm not sure which is right.

maybe ask a class 3 dealer?? hmmm

This is a tough question. Maryland does not recognize trusts as owners of firearms. For that matter, Maryland does not recognize any non-human as an owner of firearms. Therefore, you can never really transfer a non-NFA item into the trust, you can merely list it as trust property (it's a complete incongruity within the law).

That said, I'm not sure how the ATF views ownership. Your 4473 and 77R say that you are the owner. The trust documents show ownership. You might call the ATF and ask. It's their form afterall.

Not to hijack, but do you put the item you are adding to the schedule A when you mail in the copy of the trust? Should you wait until you have the stamp before adding?

Thanks, I'll call the ATF and get a clarification on this.

If you fellas want help filling out the Form 1 Ill be glad to help you both. One of you guys is my Doctor and the other is a Good Customer.

I was instructed by my Attorney to send the Schedule A (Sometimes called an Assignment Page) when I send a Form 4 or Form 1. I heve never gotten the same answer from the NFA branch so I say send it instead or having a delay for its absence (I have seen delays based on missing Schedule A' s but not every one thats missing it is delayed)

clandestine said:

If you fellas want help filling out the Form 1 Ill be glad to help you both. One of you guys is my Doctor and the other is a Good Customer.

I was instructed by my Attorney to send the Schedule A (Sometimes called an Assignment Page) when I send a Form 4 or Form 1. I heve never gotten the same answer from the NFA branch so I say send it instead or having a delay for its absence (I have seen delays based on missing Schedule A' s but not every one thats missing it is delayed)

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Thanks, Chad. I'll give you a yell if I have any questions.

clandestine said:

If you fellas want help filling out the Form 1 Ill be glad to help you both. One of you guys is my Doctor and the other is a Good Customer.

I was instructed by my Attorney to send the Schedule A (Sometimes called an Assignment Page) when I send a Form 4 or Form 1. I heve never gotten the same answer from the NFA branch so I say send it instead or having a delay for its absence (I have seen delays based on missing Schedule A' s but not every one thats missing it is delayed)

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Chad is correct, you always send the Schedule A. However, the original question as posed by the OP ~ at least as I understood it ~ was when to list a lower which one intends to register as a SBR on the Schedule A. That's a tougher question.

teratos said:

Not to hijack, but do you put the item you are adding to the schedule A when you mail in the copy of the trust? Should you wait until you have the stamp before adding?

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As a general rule, listing property on the Schedule A implies ownership. Therefore, in a more clear cut situation involving a suppressor, machine gun, or completed SBR/SBS, you should not list the item on the Schedule A prior to approval of your paperwork by the ATF. Otherwise the trust is attesting to ownership before your trust is allowed to legally possess the item.

In a situation where you are seeking to register an incomplete or partial build as a NFA item, the situation is more tricky because according to State Law, trusts cannot "own" firearms. Federal law is a nullity in this case because there is no Federal "trust law." In this instance, I don't think it matters either way but I would still double-check with the ATF because it is there Form and their rules by which you will be judged ultimately.

Thanks for the response, Rusty.

Thanks for the responses everyone.