First of all, chris, the ATF has no power to change the legal status of trusts; they are “persons” under federal law, and therefore eligible for transfer of title and legal possession of NFA items.
Uncle, if that guy you linked to didn’t send his Schedule A, then he’s an asshole for potentially holding up other people’s transfers while his gets sent back to be fixed (may or may not happen, but he made p>0). The sick, sad truth is: if your examiner thinks he needs to see it, then you need to show it to him or you don’t get approved. I expect this to get better now that the examiners are taking care of states instead of transferor letters, as trusts are almost totally handled on the state level. While there is confusion as to what ATF can legally demand, that’s moot, as you’re playing their game and have to play by their rules.
That said, a trust is still much better than any other type of transfer, as it opens up all sorts of possession and beneficiary options, especially in states that don’t have laws against perpetuity.
Uncle, if that guy you linked to didn’t send his Schedule A, then he’s an asshole for potentially holding up other people’s transfers while his gets sent back to be fixed
So he’s an “asshole” for following the advice of his trust attorney who routinely handles these things, when he’s getting conflicting information from other sources? You seem to have a low threshold of assholery.
The sick, sad truth is that the whole process is so unnecessarily (and probably deliberately) complex (or handled so arbitrarily by ATF) that people need a lawyer to figure out how to navigate it successfully. He should be able to go to the corner hardware store and buy one, and the only paperwork he should have to worry about is signing the credit card receipt.
October 11th, 2011 at 8:52 am
So someone getting incorrect information on the internet is a reason to dismiss living trusts? If that is the case, how did you ever buy a gun at all?
I have a living trust for my NFA stuff, and it has been great. No fingerprints, no CLEO, no hassles.
October 11th, 2011 at 8:59 am
I thought I knew what a living trust was, but I guess I don’t. What does that have to do with guns? Would someone please esplain eet to me? Thanks!
October 11th, 2011 at 9:33 am
I don’t understand the lesson here.
October 11th, 2011 at 11:24 am
The problem I see with the trust route is that I think the ATF can make them invalid for NFA ownership with a rule change.
October 11th, 2011 at 11:48 am
First of all, chris, the ATF has no power to change the legal status of trusts; they are “persons” under federal law, and therefore eligible for transfer of title and legal possession of NFA items.
Uncle, if that guy you linked to didn’t send his Schedule A, then he’s an asshole for potentially holding up other people’s transfers while his gets sent back to be fixed (may or may not happen, but he made p>0). The sick, sad truth is: if your examiner thinks he needs to see it, then you need to show it to him or you don’t get approved. I expect this to get better now that the examiners are taking care of states instead of transferor letters, as trusts are almost totally handled on the state level. While there is confusion as to what ATF can legally demand, that’s moot, as you’re playing their game and have to play by their rules.
That said, a trust is still much better than any other type of transfer, as it opens up all sorts of possession and beneficiary options, especially in states that don’t have laws against perpetuity.
October 11th, 2011 at 1:13 pm
So he’s an “asshole” for following the advice of his trust attorney who routinely handles these things, when he’s getting conflicting information from other sources? You seem to have a low threshold of assholery.
The sick, sad truth is that the whole process is so unnecessarily (and probably deliberately) complex (or handled so arbitrarily by ATF) that people need a lawyer to figure out how to navigate it successfully. He should be able to go to the corner hardware store and buy one, and the only paperwork he should have to worry about is signing the credit card receipt.