NFA Trusts, Non-NFA Firearms, and Moving

Lex Armarum · Aug 28, 2013

To save myself some time and save some folks some money, I am posting this information here in the hope that it it will answer some very common questions:

Can I put non-NFA firearms in my trust?

If you live in Maryland, the answer is: not really. Maryland does not recognize legal entity ownership of firearms. You should handle non-NFA firearms with your will (if you have one; if you don't, I prepare those too).

I got a trust and now I moved. What do I need to do?

If you are a Maryland resident and have a Maryland trust, it is valid anywhere in the state and is not tied to any particular address. Addresses contained in a trust are not binding upon the trust itself unless specifically stated in the trust agreement. However, you should notify the ATF that the address where the NFA items are stored has changed. If you moved within the same state, please notify the ATF via letter containing all pertinent information sent via certified mail to their NFA Licensing Division. If you moved interstate, please notify the ATF via Form 5320.20.

DZ · Sep 11, 2013

Thanks for the info. I was just reading through my trust this morning to see if there was anything relating to my former address and thought I would be okay; this confirms it for me.

Seagrave1963 · Sep 11, 2013

Thank you for info on non-NFA firearms in MD

pilotguy · Sep 11, 2013

Rusty, I am just curious if you could tell, is this a case where someone would have to sue (and win) MSP in court to force them to recognize a trust or is this a quirk of Maryland law that does not let them recognize trusts?

Lex Armarum · Sep 11, 2013

pilotguy said:
Rusty, I am just curious if you could tell, is this a case where someone would have to sue (and win) MSP in court to force them to recognize a trust or is this a quirk of Maryland law that does not let them recognize trusts?

Well..............

That's a really tough question. I believe that MSPs position is inconsistent with Maryland's Estates Law Article and common law on the issue of trust ownership of property. That said, I would hate to have to litigate the issue because the law on trusts in this state does not cut clearly either way. Simply avoiding the issue and dealing with the firearms via will is an equally effective way to deal with non-NFA firearms. What benefit do you believe you will received from the handling of non-NFA firearms by a trust?

pilotguy · Sep 11, 2013

I was only curious about the legal aspect.

Lex Armarum · Sep 11, 2013

pilotguy said:
I was only curious about the legal aspect.

Fair enough but my question goes directly to the legal aspect. See, may people go about recommending trusts for all sorts of things (Suze Orman is a big supporter of LRTs) but I fail to see the need in most instances where other, more cost effective instruments are equally effective.

ericoak · Sep 15, 2013

If you move to another state I am assuming you have to get your Trust notarized again in your new state, correct?

Lex Armarum · Sep 15, 2013

ericoak said:
If you move to another state I am assuming you have to get your Trust notarized again in your new state, correct?

Not unless you have to restate your trust to make it accord with your new locus' laws. I strongly recommend having an attorney in your new locus review your trust to ensure its continued validity.

ericoak · Sep 15, 2013

Rusty Shackleford said:
Not unless you have to restate your trust to make it accord with your new locus' laws. I strongly recommend having an attorney in your new locus review your trust to ensure its continued validity.

Agreed.

deesly1 · Nov 19, 2013

Rusty are there such things as Multi-state Trusts. Where I can set one up that covers more than one state. I have family scattered across the US. Can I set a trust up in MD that is good for VA and Pa?

tc617 · Nov 19, 2013

Rusty, I started a LLC for a small business in Tampa Bay, Florida and I am interested in setting up a NFA trust in the business's name.

Is it possible to purchase NFA items as a Florida business owner, using the NFA Trust? Would a Form 5320 filed annually cover me if I were to transport those NFA items time-to-time from Florida to Maryland?

I want the NFA Trust to be legit in both states. Is this something that you can do or should have the attorney that set up my Florida LLC draft a NFA Trust?

Lex Armarum · Nov 19, 2013

tc617 said:
Rusty, I started a LLC for a small business in Tampa Bay, Florida and I am interested in setting up a NFA trust in the business's name.

Is it possible to purchase NFA items as a Florida business owner, using the NFA Trust? Would a Form 5320 filed annually cover me if I were to transport those NFA items time-to-time from Florida to Maryland?

I want the NFA Trust to be legit in both states. Is this something that you can do or should have the attorney that set up my Florida LLC draft a NFA Trust?

PM sent.

goose poop · Nov 21, 2013

Does PA recognize Revocable MD NFA trusts? I had one drawn up in January and currently have 7 items in the ATF pipeline. In all likelihood the family may move to NW PA around April/May. I contacted Prince Law Firm and this was their response

"Good morning, we received your inquiry regarding a firearms trust in for PA, you would need to set up a whole new trust for the Commonwealth of Pennsylvania whether you have an existing rust for another state or not you would also need to have a PA mailing address. For a standard NFA trust we charge a flat fee of 650.00, I would be happy to take your information and set you up with one of our firearms attorneys to discuss this further....."

Are they full of BS? I understand every state has different trust rules and I can't find a straight answer anywhere. Can I keep my MD trust? Live in PA, 5320 the items to me in PA? I can leave the items with my FFL until the form 1s and 4s are approved and then the 5320s. Does anyone live in PA with a MD NFA trust? Thoughts, suggestions, experiences?

Thanks in advance, Poop

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