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Benefits of using a "trust" for an SBR...


creeky

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Posted

I had thought about PM'ing "HeroGear" or "ETS", but then thought others might be wondering the same thing.

I have been trying to read and gather as much info as I can on both SBRs (from AR-15.com), Suppressors, and the whole paper process. (I talked with Frank from ETS (At least I think that was you?) at a gun show at the Ag center... and well... that small conversation was just enough to really get my wheels 'ah turning!)

Question: What are the benefits of using a "Trust" for attaining an SBR?

(Or Can, etc.)

Any info would be great.

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Posted

The main benefit is avoiding the extra scrutiny of local LE... prevents them from impeding the process.

It also allows anyone named in the trust to possess the weapon, not just you.

Posted

It also allows anyone named in the trust to possess the weapon, not just you.

So if I was to be transfered to a non-ClassIII friendly state, and my brother-in-law was named on the trust with me, he could keep the weapon in his possession while I am living in another state? Then when I am able to come back or transfer again to a more Gun Friendly state, I could once again take possession again?

Does that sound right?

Plus the "AR" that would be made into a SBR, would have the trust's name engraved on it as opposed to my own name?

(Just trying to get this stuff straight in my head.)

Guest ETS_Inc
Posted

Here's the skinny on using a trust to purchase or manufacture an NFA weapon:

By using a trust, you do not have to submit the passport photos, fingerprints, or CLEO signoff with your Form 1 or 4. However, you do have to submit the paperwork establishing the trust.

If you make an NFA weapon on a Form 1, you do have to engrave the name of the trust and town on the weapon. I will tell you that putting your name, or the name of your trust, on the weapon can be detrimental to the resale value of the gun. Many folks don't want a gun with someone else's name on it. It isn't that difficult to talk to a friendly neighborhood Type 07 FFL / Class 2 SOT, who would be willing to hook you up with an SBR'd lower for a very reasonable price, with their name, town, and logo engraved on the side. An added benefit to that is you get someone with NFA experience doing the paperwork for you, reducing the possibility of messing it up or forgetting something.

You can have more than one person named on the trust. Then, each of those people may take possession of the weapon, say for a range trip, with no problem.

Using a trust to purchase /make NFA weapons has been blooming as of late, causing BATFE to begin closely examining some of the legal issues, particularly trusts formed in VA and SC. Apparently, the laws of those States disallow a trust from having one sole grantor, trustee, and beneficiary. BATFE has currently assigned two BATFE-employed lawyers (yes, real attorneys working for BATFE) to examine trusts coming from those States, and the various trust laws in other States.

If you have an NFA weapon, and have to move out of State / overseas, there are policies in place for the safe storage of the weapons. You notify BATFE in writing that you are going to be moving out of State, and that the weapons will be stored at another address. You can leave them with a family member or friend, provided you have the only key/combination to access the storage place (i.e. safe or cabinet). Alternatively, you might consider a safe-deposit box at your local bank.

For a short while, NFA transfers to trusts were coming back much faster than ones to a named individual. However, with the added scrutiny, they are taking about the same amount of time, figure about 4-6 weeks currently.

As always, if you have any questions, feel free to ask.

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