Question on trust/across state lines (non class III)

[Sam1]

I've got a pistol that never gets used (all of the others were lost in a boating accident), and have a trust set up with some other toys in it already.  All the trust toys are stored at my place here in TN.  Sister is on the trust, but she lives in KY.  I want to add the rarely used pistol to the trust and store it at her location in KY.  Is that kosher?  Not selling it to her, it's getting donated to the trust and she is a trustee so she'll be able to use it.  The class III stuff I know has to stay at my place, not sure on standard firearms though.  She has a copy of all trust documents.

Any info is appreciated.

[Oh Shoot]

To my knowledge, a trust has no affect on GCA firearm laws.

Whether it does or not, it is not federally unlawful for anyone to stash a GCA (non-NFA) firearm out of state, or even to loan the firearm to another non-prohibited person out of state for sporting purposes, as long as state law also doesn't conflict.

Certainly no TN law against it, and though I don't know for sure,  almost certainly no KY one either.

- OS

Edited February 13, 2017 by Oh Shoot

[monkeylizard]

I agree with OS. If this isn't an NFA item, then there's no legal prohibition with you storing it at her place in Kentucky. No need at all to add it to the trust.

Edited February 13, 2017 by monkeylizard

[Sam1]

Thanks for the info, was a bit concerned if something happened and it was insinuated that there was a transaction involved.

[Oh Shoot]

1 hour ago, Sam1 said:

Thanks for the info, was a bit concerned if something happened and it was insinuated that there was a transaction involved.

Well,  just tell her not to ever claim that it is hers.

1 hour ago, monkeylizard said:

I agree with OS. If this isn't an NFA item, then there's no legal prohibition with you storing it at her place in Kentucky. No need at all to add it to the trust.

A trust can't override federal or state law anyway.

For example, a trust doesn't make it possible to own/possess NFA firearms in states where they are forbidden period, etc.

- OS

Edited February 13, 2017 by Oh Shoot

[DaveTN]

I don’t know anything about trusts of NFA. But you can loan it to her for lawful sporting purposes and if something happens to you, and you want her to have it, you can will it to her. I’m not sure what the advantage of having it in a trust would be. Does it cost you to do that?

[Sam1]

1 hour ago, DaveTN said:

 Does it cost you to do that?

No cost at all, I just fill out one form and have two witnesses sign it saying the gun was donated to the trust.  Takes about 5 minutes and a visit to the neighbor's house.  By having it documented in the trust, it would eliminate the possibility of any misunderstandings in a situation where her boyfriend or her may accidentally slip up and say it was theirs, or insinuate there was some type of transaction involved (like Oh Shoot mentions) without it having went through an FFL since it went across state lines.

Edited February 13, 2017 by Sam1