Multiple NFA items on one trust?

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  • XJ.Cherokee

    Member
    Jan 5, 2021
    70
    Harford county
    I'm thinking to start delving into the world of NFA, and would like some input on the idea of having multiple items (suppressors and SBRs, specifically) on one trust? Ideally with that trust having multiple benefactors (spouse and kiddo eventually).
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,689
    Columbia
    Yep, that’s the way to do it. Just keep in mind, they all need to get fingerprinted


    Sent from my iPhone using Tapatalk
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    IMO, which is not standard, I put every NFA item on its own trust. Why not? Get one made and they just change the name of it. Everything else should be basically the same. Then you can change who has access to what items, who gets the items in the end...etc. I start as the only one on the trust and then others can be added later.

    This lets me separate who has access to my MGs vs my Suppressors vs my SBRs. I mean I would let a lot of people borrow a Suppressor vs a MG... why have them get the same level of access with it all being on one trust?

    Also then if I had a few people to one trust and decide to get something new... no need to go through getting all their info and prints, as they are not going to be on the new trust.

    The only downside I see is needed to get each trust notarized. However the bank does it for free... so a bit more time but otherwise... a bit more paperwork... However if there is an issue with one trust... well thats only 1 item.

    I think the trust world has not yet adjusted to the latest ATF rules on trusts. With a word search and replace on the trust and one extra Notary visit, I get a trust for each item and now all my NFA items are not linked together.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,726
    IMO, which is not standard, I put every NFA item on its own trust. Why not? Get one made and they just change the name of it. Everything else should be basically the same. Then you can change who has access to what items, who gets the items in the end...etc. I start as the only one on the trust and then others can be added later.

    This lets me separate who has access to my MGs vs my Suppressors vs my SBRs. I mean I would let a lot of people borrow a Suppressor vs a MG... why have them get the same level of access with it all being on one trust?

    Also then if I had a few people to one trust and decide to get something new... no need to go through getting all their info and prints, as they are not going to be on the new trust.

    The only downside I see is needed to get each trust notarized. However the bank does it for free... so a bit more time but otherwise... a bit more paperwork... However if there is an issue with one trust... well thats only 1 item.

    I think the trust world has not yet adjusted to the latest ATF rules on trusts. With a word search and replace on the trust and one extra Notary visit, I get a trust for each item and now all my NFA items are not linked together.

    I am doing a trust per item simply because of the position I am in now. My wife doesn’t really like guns. She has slowly warmed over the years, but is cold, rather than outright hostile. I take my kids shooting. The 13 year old loves to shoot. The 11yr old doesn’t really need his arm twisted. The 9ys old is a year behind her first lesson simply because of the pandemic and though she is great wearing masks, I don’t need that to be her first time shooting. She isn’t bugging me about it really, so if it waits a few more months for a better first time then it’ll wait.

    Anyway, it is easier to just add people on to each item time and age permitting rather than trying to get prints and pictures, etc each and every time I add a new item.

    My 2nd can is about to break NFA jail one of these days soon. But I’ll likely buy a 3rd can soon. I haven’t gotten my wife on the 1st trust yet. But at some point I’ll take the trust paper work to a notary and get her on the trust(s). Likely with my kids it’ll be less hassle to get them added.

    But that doesn’t mean there won’t be any hassle. And i know my wife won’t abide a hassle if I tell her I want to buy a new can, so let’s go get fingerprints and pictures done and...no honey, that suppressor won’t fit up my butt sideways and I’d kindly appreciate you not trying to see if it’ll fit.

    I can twist her arm the tiny bit it takes to get her to sign and be witnessed signing paperwork for a notary a couple/few times in her life whenever the heck it might best work for her.

    Same for my kids.
     

    Dovk0802

    Active Member
    Sep 20, 2017
    255
    DC
    One trust. I add everything to it; I don’t own a single gun or magazine. It’s a little hedging against future regulations. Mostly it divides my estate between two “executors”.
    As to having multiple people on the trust, they could be removed from the trust, assets be added to the trust, only requiring one set of prints, etc. then anyone can be added to the trust without consulting ATF (IANAL just my practice under advice of my attorney for my trust YMMV).
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,726
    One trust. I add everything to it; I don’t own a single gun or magazine. It’s a little hedging against future regulations. Mostly it divides my estate between two “executors”.
    As to having multiple people on the trust, they could be removed from the trust, assets be added to the trust, only requiring one set of prints, etc. then anyone can be added to the trust without consulting ATF (IANAL just my practice under advice of my attorney for my trust YMMV).

    I've got no particular legal background, but I've heard that is...at least a grey area. It certainly violates the intent of the regulations.

    Of course if you are adding people and then removing them before submitting the trust again to the ATF, they'd never really know. You do of course risk if something happened while the ATF is reviewing the trust waiting for a stamp to be approved...

    also during that time the former trust members would not have legal access to any NFA items.
     

    Dovk0802

    Active Member
    Sep 20, 2017
    255
    DC
    I've got no particular legal background, but I've heard that is...at least a grey area. It certainly violates the intent of the regulations.

    Of course if you are adding people and then removing them before submitting the trust again to the ATF, they'd never really know. You do of course risk if something happened while the ATF is reviewing the trust waiting for a stamp to be approved...

    also during that time the former trust members would not have legal access to any NFA items.

    The intent and the letter of the law is how lawyers pay for nice things... issues of risk, access, etc. depend on individual circumstance.
     

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