quote:

Originally posted by cARpenter15:
Guy on another forum turned me on to this link
http://hooperordnance.com/page3.aspx
Click on the bar on the leftside that says "NFA TRUST EXAMPLE" to download the forms, delete where it says delete and add your relevant information. Print it out and have it notarized. Hope this helps

ETA:shouldnt have a problem owning NFA stuff here in NC

Thank you,
This will help me out. I will be sending out a check tomorrow for my first suppressor and have been worrying about setting up the trust.

Interesting

Some questions please;

I want the trust to be for me and my wife. Can I be both the grantor and trustee or is she also the grantor and trustee?

On the ATF form 1, line 3b for "applicant's name" do I put both our names here?

On the ATF form 1, 4h "Additional Description(other identifing data which will appear on the firearm" - do I put both our first and last names plus TRUST or can I just put (and engrave) "TR&MR Trust" ?

Do I fill out the back of form 1 Line 10a through 10e (questions like am I under 21, am I a fugitive from justice, etc?

R.S. Hooper's form was was confusing ashis "Assignment of property-Page 1 of 1" has a place for a "SEAL" but no indication for a notary

I would like to know the proper answer to that question also.

quote:

Originally posted by skeeeter:
I want the trust to be for me and my wife. Can I be both the grantor and trustee or is she also the grantor and trustee?

Depends on how your trust is set up etc, IANAL.

quote:

On the ATF form 1, line 3b for "applicant's name" do I put both our names here?

Applicant's name is what the trust is. You're not applying, your trust is.

quote:

On the ATF form 1, 4h "Additional Description(other identifing data which will appear on the firearm" - do I put both our first and last names plus TRUST or can I just put (and engrave) "TR&MR Trust" ?

4h is left blank generally, at least on all mine.

quote:

Do I fill out the back of form 1 Line 10a through 10e (questions like am I under 21, am I a fugitive from justice, etc?

Yes. You must be qualified to own/make/possess/etc the weapon, even though it's not 'you' doing the making.

rfurtkamk
Thanks for the reply. What does IANAL mean?
Also, could you please be more clear to me as I maybe "thick" butif I want my wife in on the Trust do I put both our names on the Applicant question? And if so do we both sign off on it or can I just sign the form 1?
Do I need to send the ATF a Certificate of Compliance?
Thanks again

quote:

Originally posted by skeeeter:
rfurtkamk
Thanks for the reply. What does IANAL mean?
Also, could you please be more clear to me as I maybe "thick" butif I want my wife in on the Trust do I put both our names on the Applicant question? And if so do we both sign off on it or can I just sign the form 1?
Do I need to send the ATF a Certificate of Compliance?
Thanks again

He answered your question... In the "applicant" box you put the name of your trust, which doesn't have to have anything to do with your name... You could put "The Brass Monkey Balls NFA Trust" if that is what the legal name of your trust is... And it is in your trust document that you will designate your wife as a trustee.

I didn't send a cert. of compliance with mine and it went through just fine. Some people said that the ATF is now requiring that you send it, but I can't verify that.

quote:

Originally posted by skeeeter:
rfurtkamk
Thanks for the reply. What does IANAL mean?

I am not a lawyer.

quote:

Also, could you please be more clear to me as I maybe "thick" butif I want my wife in on the Trust do I put both our names on the Applicant question?

Again, the trust is making the weapon. Who or what or whatever is in the trust, has rights in the trust, etc. will vary on how you've set up the legal document that controls the trust.

quote:

And if so do we both sign off on it or can I just sign the form 1?

An authorized party in the trust (trustee, grantor, whomever the document details as responsible) signs. That could be you, your wife, or whatever the document says.

quote:

Do I need to send the ATF a Certificate of Compliance?
Thanks again

I've heard both it's needed and not needed, and agree with my local SOT on this one: might as well just include it. It's another 5m of paperwork - is that worth getting bumped to the bottom of the pile over?

quote:

Originally posted by GrandPotter:
Interesting

Hi Grand Potter,
I was with COA 1/327 up at Phu Bai 1971.

Abus,

Kevin

quote:

Originally posted by mikeandnatasha:
... My LEO is a dick and wouldn't sign for his own brother. Thats fine. He doesn't have to.

You live in Harris Co. TX too ?

quote:

Originally posted by doubloon:

quote:

Originally posted by mikeandnatasha:
... My LEO is a dick and wouldn't sign for his own brother. Thats fine. He doesn't have to.

You live in Harris Co. TX too ?

My situation is actually worse than that. My state allows ownership of silencers only because they forgot to ban them when they banned everything else. So they passed another law saying that silencers couldnt actually be used in the state. So I can own one but I can't put a round through it....

a. Like anyone is going to know. Its a silencer. Tree falls in the forest...Hello...

b. Because of that there arent too many CLEO's in the state that will sign and even then they'll tell you if their deputies find a silencer on you possession with residue in it they'll prosecute you for SOMETHING.

c. Because of all that there are all of 5 or 6 dealers in the state and most of them arent making deals.

quote:

Originally posted by f2:
An example of someone who left line 4h blank in his ATF form 1, done with a Trust, and thus did not have to engrave his SBR'd lowers.

form 1 q, m4carbine.net, member demigod
zzz

"At the bottom of the form 1 it specifically states that if you are converting an existing weapon into a NFA firearm to enter serial number into 4g and mfg info into 4a. Only reason you would put your name on it and create a serial number is if you built it from say a 80% receiver. No need for additional markings, so 4h would be left blank whether registering with a trust or individual "

You two guys are both smoking crack. If you use a form one to make an NFA weapon you must mark it. If you are using an existing weapon the form one clearly states that you must use the existing serial number. They also want the original manufacturers info but that doesn't mean you don't have to mark it. So you use the existing serial, it should already have the cal and model on the receiver but you will still need to mark it with the name, city and state of the maker. You as the form one filer are the maker whether you did any actual manufacturing work or not. Its a silly technical legal detail but you are the maker. Now you don't have to put the info on the receiver, you can put it on the barrel but it must be there, must be legible and cannot be hidden under anything that is normally attached to the weapon. If you want to commit an illegal act thats fine and dandy. Its not a good idea to recommend to others that they do the same. There is no way to make an NFA firearm using a form 1 (or form 2 for manufacturers) without being required to mark the weapon unless you have in hand a written variance from ATF/NFA Branch. There is an old saying- "you can do what you want if you don't get caught" but you should be willing to pay the price if you do. Its not worth the risk in my opinion to try and avoid doing what is proper and legal.

Just my 2 cents on that.

I've seen a number of trust transfers go through and the only problem I've seen is that ATF is a little inconsistant on what paperwork they want to see. Some have done the transfers without sending the trust documents and been approved while others have been asked for more than just the basic documents they sent. There have also been issues with the citizenship cert form being required of some and not of others. For individuals its always required but the trusts are a question.....
I haven't seen any downsides yet to the trust issue and it seems a good way to allow family members access that they should legally have but aren't currently accorded with individual ownership.

Frank

quote:

Originally posted by raising_arizona:
I'm interested in doing the Trust thing here in Arizona. I found a link to instructions. Is this generally how it's done?

Link

Thats a good link, thanks! I've been toying with the idea of getting a suppressor for awhile now, but most recently I found a great deal on a full auto Sten that I can actually afford so I sort of want to jump on it.

I'd never really seen anything about Trusts before, and now it looks like its the only topic in this forum! Its some interesting stuff. I don't think it'd matter much if I got fingerprinted, since I already was back in MA to get my permit there (SO glad I moved to NH!!), but it does sound like a whole lot less of a hassle.

The only question about the trustees is that I'm not sure who to put in it. My folks live in MA so its not like they could take possession of it if something were to happen to me. I don't know that many people in NH who I'd trust to be in it either.

I might have to shell out the $$ to ask an actual lawyer.

Brew, you can put ME on the trust! I will take good care of your "stuff"! Heh,heh,heh!

Seriously, I have always wondered about that very situation. You don't have any nephews or such that have the same interests?

/edit

poop. i knew the deal was too good to be true. its a "dealer-only sample" that the gunsmith had made in his shop, so i'm not qualified to purchase it anyway.

This message has been edited. Last edited by: Brew78,