Jump to content

NFA Guide: What you need to know about Class III firearms


Recommended Posts

  • 4 months later...
  • 1 month later...

Question...

In looking at the above link,under the "faq" section it says this:

Q.Who in the Trust can possess the items?

A. ONLY the grantors are the legal owners of the property in the trust and as far as the BATFE is concerned, ONLY the grantors can have access to the property. The restrictions on posession of the Title II items are the same for the grantors as it is for an individual owner, i.e. they need to be with it or it needs to be locked up, etc. Many people feel they can make a corporation or llc substitute here and add other family members or friends as grantors, this is a very special and possibly impossible setup and such an approach should be handled by a lawyer.

I've heard that including other people (not spouse) as a trustee would allow them access to the NFA item(s) without you needing to be with them, the above "faq" seems to counter that claim?

Also, does anyone know of any lawyers in the Memphis area that have experience with setting up a trust for an NFA item? I looked at www.guntrustlawyer.com but they want $600 to start with and any changes to the trust are extra. I've got a copy of Quicken Willmaker, but I want to make sure all my t's are crossed and i's dotted.

Thanks

Link to comment
  • 5 months later...
Guest QuarkMartial

I've got a question about the CLEO signoff. I've been wanting to build a SBR 9mm AR for a long time now, and I just started to price things out because I was under the impression that the CLEO would have to sign off on the forms no matter what (provided I pass all the bg checks and such), which would save me the trouble of making a trust for one NFA firearm.

I found the following law:

§39-17-1361. Execution of documents by sheriff or chief of police. —

The sheriff or chief of police of the city of residence of a person purchasing any firearm, defined by the National Firearms Act, 26 U.S.C. § 5845 et seq., shall execute within fifteen (15) business days of any request all documents required to be submitted by the purchaser if the purchaser is not prohibited from possessing firearms pursuant to § 39-17-1316.

Which seems to say that the CLEO has to sign off on my Form 1 within 15 days, no matter what, since I'm not a prohibited person.

Is this true, or can the CLEO still "play hardball" with me? Should I still go with the trust?

Link to comment

You are correct, technically a CLEO should/shall sign off on your form unless they can provide documented reasons why you are not legally qualified to own an NFA item.

The fact that you dated the Sheriff's little sister 20 years ago, and didn't call her after she gave it up on prom night doesnt give him a legal reason to not sign your application. (but you should have called her...lol)

Keep in mind that the CLEO is not the approving authority, so unless he turns up REAL evidence that precludes you from ownership, he really doesnt have a choice in signing.

Now, we both know that there are some CLEOs that are less than supportive of the NFA process.

If you find yourself in this situation, the NFA trust may get your process started with less of a PITA factor.

The trust will bypass the CLEO signature, but I think there is another much more valuable aspects by going this route.

The trust allows you to add family members, corporate officers, and friends to the list of authorizes users of your NFA items.

Want to let you Dad use your suppressor? no problem!

Want your best friend to come pick up your full auto M16 and take it to the range? good to go!

So, look at both routes and decide which one is best for your situation.

*I know there are a ton of NFA owners that have secured the CLEO signature in Shelby County, so you should be good to go if you choose this route.

Link to comment
  • 4 weeks later...
Guest Gun Trust Lawyer- David G

While most of your statements are correct. A trust does not allow you to add corporate members. A NFA trust can allow you to add co-trustees which are authorized to use and purchase Title II firearms.

Other benefits of the trust are protecting your family from issues like constructive possession and inadvertently transferring a NFA item. The NFA defines a transfer to include "loaning" so technically when you go to the range and let your friend use an item restricted by the NFA you are violating the law and risk forfeiture, 10 years in jail, and monetary damages of up to $250,000 (depending on the type of ownership).

A trust can also deal with incapacity and death. The problem with most trusts is they instruct the trustee's to do illegal things under the NFA, provide little or no guidance for the Settlors, trustees, or beneficiaries, and make most of the things we want to do with the NFA firearms a violation of the duties of a trustee under the trust's terms. If you are going to use a Trust you should consider a trust created for NFA specific items.

You are correct, technically a CLEO should/shall sign off on your form unless they can provide documented reasons why you are not legally qualified to own an NFA item.

The trust will bypass the CLEO signature, but I think there is another much more valuable aspects by going this route.

The trust allows you to add family members, corporate officers, and friends to the list of authorizes users of your NFA items.

Edited by Gun Trust Lawyer- David G
Link to comment
  • 5 years later...
Guest bgbrix3

Just wondering why no mention of the instructions on the actual Form 1, that read:

 

i. Serial Numbers and other Markings. If an existing firearm is being 
modified into an NFA firearm, enter the existing serial number of the 
firearm into item 4g and the name and address of the original 
manufacturer into item 4a. Do not Alter or Modify the Existing
Serial Number . If the NFA firearm is being made from parts, your 
name and address are to be entered into 4a and a serial number you 
create is to be entered into item 4g.
 
Since the firearm is the part that has the s/n on it, e.g. the AR15 lower, why would there be any requirement to engrave any additional information on it?  Per the attorney that drew up my NFA Trust, he concurs with the form, no additional info required on the receiver.  Thoughts?
Link to comment
  • 7 years later...

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

THE FINE PRINT

Tennessee Gun Owners (TNGunOwners.com) is the premier Community and Discussion Forum for gun owners, firearm enthusiasts, sportsmen and Second Amendment proponents in the state of Tennessee and surrounding region.

TNGunOwners.com (TGO) is a presentation of Enthusiast Productions. The TGO state flag logo and the TGO tri-hole "icon" logo are trademarks of Tennessee Gun Owners. The TGO logos and all content presented on this site may not be reproduced in any form without express written permission. The opinions expressed on TGO are those of their authors and do not necessarily reflect those of the site's owners or staff.

Before engaging in any transaction of goods or services on TGO, all parties involved must know and follow the local, state and Federal laws regarding those transactions. TGO makes no claims, guarantees or assurances regarding any such transactions.

×
×
  • Create New...

Important Information

By using this site, you agree to the following.
Terms of Use | Privacy Policy | Guidelines
 
We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.