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What’s currently the best way to SBR a rifle? Trust, or individuall? Login/Join 
Frangas non Flectes
posted
I’m going to go ahead and do this with at least an AR lower and my Bren 2. My best friend is trying to urge me to go individual on this instead of trust because apparently on a trust, everyone on the trust has to have their fingerprints and photo on file. He says it’s just a big pain in the ass. I’m not sure it’s necessarily a problem for me, since it’ll be me, and my wife, then later my son. Plus, I’d much rather have the trust name engraved on firearms than my name.

I’d like to get this going relatively soon. E-file times are being claimed as short as two weeks by some, and sooner is always better than later in this hobby, so if doing it as a trust is the way to go, I need to get on it.


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I believe in the 25th amendment.
 
Posts: 14626 | Location: Gilbert, AZ | Registered: February 10, 2011Reply With QuoteReport This Post
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If your Trust is one from Heavy D (Dean Phillips) check with Elizabeth from his office to see if she can still provide you with an exception document that will allow you to file using your trust and you do NOT have to get the folks listed on your trust finger printed or photo’ed. I did this on my last two NFA filings. Not sure if this still applies.

This message has been edited. Last edited by: sigarmsp226,
 
Posts: 2758 | Location: MS | Registered: December 16, 2004Reply With QuoteReport This Post
Shall Not Be Infringed
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I have a Trust, which I established prior to the LEO Notification & Responsible Persons changes that occurred, but I'd still go that route if I were just starting out in the Title 2 / Class III Firearms realm today.

The Trust streamlines the transfer process of the 'Trust Property' to the Beneficiaries upon death, and also eliminates issues with access/possession of the NFA regulated items if they were owned as an 'Individual' as well. As an Individual, YOU are also the ONLY one that can possess the Trust Property, and if anyone in the home has 'access', that can be an issue.

Regarding the 'Responsible Persons' questionnaire and the associated fingerprinting requirement, it depends on how the Trust is written in establishing which Trustees are defined as 'Responsible Persons', so this 'can' be a non-issue. On my Trust I am the Grantor Trustee, my wife is a Successor Trustee, and my son (who's is now 18 YO) is a Beneficiary. The Successor Trustee, as defined on my Trust, is NOT a 'Responsible Person'. Beneficiaries are NOT 'Responsible Persons' either! YMMV depending on how the Trust is written. I had my Trust written by a local attorney in NH, but Dean Phillips (@ heavyd on SF) can be a resource and could provide a Trust for you if you go that route. Dean can be found here --> https://nfalawyers.com/

Congrats on your escape to a Free State, Sir! You are now 'FREE' to enjoy ALL of the Rights and Liberties enshrined in the US Constitution! Cool


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If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 2024....Save America!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
 
Posts: 6054 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
Frangas non Flectes
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Thanks, guys! I kinda thought a trust was still the way to go. I’ll contact Dean and get the ball rolling on this.


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I believe in the 25th amendment.
 
Posts: 14626 | Location: Gilbert, AZ | Registered: February 10, 2011Reply With QuoteReport This Post
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If you're only planning on doing a few, or a handful, I'd buy through Silencer Shop and get a Single Shot Trust for each. If you go the route of a single trust for all NFA items then anyone on the trust will need to submit fingerprints every time you apply to Uncle Sam to acquire a new NFA item. Using the SS Single Shot Trust, there is a unique trust for each NFA item and you can be the sole person on the trust when you're buying the NFA item. Once approved and you have the NFA item you can then go to a notary, with the forms SS provides to you, and add others to the trust at that time. Costs a bit more in the long run if you're going to buy a bunch of things but provides a lot more flexibility IMO.
 
Posts: 163 | Registered: November 30, 2018Reply With QuoteReport This Post
Shall Not Be Infringed
Picture of nhracecraft
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quote:
Originally posted by ah3:
If you go the route of a single trust for all NFA items then anyone on the trust will need to submit fingerprints every time you apply to Uncle Sam to acquire a new NFA item.

That 'blanket statement' is absolutely incorrect, and why one should consult with an attorney with expertise in NFA Trusts specifically! It depends on how the Trust is written as to who is, and who is not a 'Responsible Person' on the Trust!


____________________________________________________________

If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 2024....Save America!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
 
Posts: 6054 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
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The entirety of my post was in relation to Responsible Person's. Not the only benefit of going the trust route as you've pointed out, but I suspect the predominant one for many.
 
Posts: 163 | Registered: November 30, 2018Reply With QuoteReport This Post
Shall Not Be Infringed
Picture of nhracecraft
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^^^Exactly, and 'Responsible Persons' are the ONLY ones 'on the Trust' (NOT everyone) that would need to be fingerprinted. Again, it all depends on how the Trust is written. Wink


____________________________________________________________

If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 2024....Save America!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
 
Posts: 6054 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
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I like not having my own name engraved on them. The estate planning and ability for trustees to possess the items are nice, too.
 
Posts: 4546 | Location: Iowa | Registered: February 24, 2011Reply With QuoteReport This Post
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Thanks for the info all. I am not the op but I am relocating to a free state soon and there was some excellent info here. Can’t wait to have access to all the cool stuff!
 
Posts: 123 | Registered: July 08, 2012Reply With QuoteReport This Post
For real?
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My brother and I are the responsible parties in the trust. My exwife and two kids are the beneficiaries. My exwife and daughter are adults. I only send in fingerprints for me and my brother. Never had a stamp denied.



Not minority enough!
 
Posts: 7488 | Location: Cleveland, OH | Registered: August 09, 2007Reply With QuoteReport This Post
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