Don't blink...but people are getting Form 1's for Machineguns approved.

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  • TyFromMD

    Ultimate Member
    Mar 31, 2011
    3,804
    Maryland
    I never had a NICS check run on me when I bought my MG with a trust.
    The ATF started requiring it later, but that doesn't mean that it is required by law. Just like MSP said lowers were illegal until they were forced to change their position.

    In fact, I don't see any legal reason why I couldn't sell my trust by adding you and dropping myself and skip the entire process. I would guess the ATF would try to nail you, but I haven't seen any statue that restricts buying/selling trusts.


    You can change trustees but you can't change the grantor. It's still your trust if you remove yourself as trustee.
     

    TyFromMD

    Ultimate Member
    Mar 31, 2011
    3,804
    Maryland
    What about Trustor?


    Trustor, grantor, and settlor are the same thing. I'm no attorney but I've read a lot since making my trust. You can change trustees but it's still your trust and the assets are still being held by the trust for you or for your other beneficiaries.
     

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    18 U.S.C. 922o (amendment under FOPA '86) makes it illegal for an individual to transfer or possess a machinegun UNLESS "(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect."

    There is no corresponding USC section or subsection stating that an individual cannot transfer or possess SBR etc.; the poster I replied to wanted to know what would stop the ATF from saying "Trusts can't have that" in reference to other NFA items...and what stops that is the law. There is no law that says we can't has those, but there is explicitly a law that says we can't has machineguns.

    My question was about SCOTUS or Federal Court adjudication of said 922 articles. Someone referenced it had been "ruled upon" and I was unfamiliar with that ruling, hence my asking for a court case name.

    I realize now someone meant US Code not US Court. My bad.
     

    OrbitalEllipses

    Ultimate Member
    Jul 18, 2013
    4,139
    DPR of MoCo
    My question was about SCOTUS or Federal Court adjudication of said 922 articles. Someone referenced it had been "ruled upon" and I was unfamiliar with that ruling, hence my asking for a court case name.

    I realize now someone meant US Code not US Court. My bad.

    I was actually just reading the 922o ruling, let me see if I can dig it up.

    It's Farmer vs. Higgins, 11th circuit 1990.
     

    SWO Daddy

    Ultimate Member
    Jun 18, 2011
    2,468
    Any reference? Anyone seen a link on that? I would like to heard more about it.

    The last I heard, they've been asking via phone/letter for them to be returned and providing formal notice that the stamps are void. I'm not aware of anyone doing that (or accepting a $200 refund) or having MIB show up at their door.
     

    awptickes

    Member
    Jun 26, 2011
    1,516
    N. Of Perryville
    A quick review of the regs shows that they don't have a mechanism to "rescind" an approved stamp.

    This is either going to get interesting, or it's going to wind up with a Title II reclassification of all Title I firearms by EO.
     

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