Some NFA trust questions

[Uffdaphil]

I registered 3 SBR lowers in my on-line trust with 2 brothers-in-law as trustee and beneficiary before they added the photo/fingerprints requirements. Neither is interested in getting printed and would prefer to be off the trust.

1. Can I replace them with someone who is willing to follow the newer requirements?

2. Can I designate the same person trustee and beneficiary?

3. Can I add my 7 suppressors which I got separately to the trust? And If not how do I sell them (for $1 each) to my relative who is willing to pay the $200 tax times seven. During my last days or after I’m gone can I just have an FFL take possession until he gets his tax stamps?

The SBRs are not the big deal. I could just request they be de-registered and used on 16 inchers. The cans are what I hate to see destroyed.

Thanks guys.

[BoilerUp]

Find a trust lawyer familiar with the NFA. I started to write up what I believe the answers are, but you're almost certainly going to need a lawyers help if you want to change who is on the trust and they'll be able to answer all your other questions.

[Uffdaphil]

Thanks for the response. I can forget the whole trust part. Only the 3 lowers are in it so simple enough to just de-register them when I’m closer to the end.

I’t the process of selling the 7 cans to an individual without him being in legal jeopardy at some point that is unknown to me. I was hoping someone here had sold an NFA item to an individual and could tell me the process. But I need to make a new will anyway so will look for an NFA attorney who can do that too.

[Former11B]

Thanks for the response. I can forget the whole trust part. Only the 3 lowers are in it so simple enough to just de-register them when I’m closer to the end.

I’t the process of selling the 7 cans to an individual without him being in legal jeopardy at some point that is unknown to me. I was hoping someone here had sold an NFA item to an individual and could tell me the process. But I need to make a new will anyway so will look for an NFA attorney who can do that too.

Selling the cans is the same as when you bought them

The buyer(s) fill out and submit form 4s and payments to the ATF with your info as the seller. When the stamps come to you, you can send them on with the buyer.

However, if you pass away without selling them, you can put in a will who can inherit them (unsure if it has to be immediate family or how far the relationship goes) and they can fill out ATF Form 5s for tax free transfer (one time deal I think)

[Uffdaphil]

Big thanks! That is exactly what I needed to know. I’ll think I’ll have my guy file soon for 3 cans of which I have doubles. And take a chance on being around for a few more years on the others.

[BoilerUp]

Interesting. The main purpose of trusts is for estate planning and to transfer ownership after death without having to worry about a will or probate. This article suggests it's pretty simple to change trustees / beneficiaries and that aligns with the guidance I remember receiving from my lawyer (print, sign, notarize amendment and you are good to go)

https://www.nationalguntrusts.com/blogs/nfa-gun-trust-atf-information-database-blog/how-to-amend-your-gun-trust-add-responsible-persons-to-your-gun-trust


Regarding your cans, if it is someone you really trust, you can set up a trust now where both of you are trustees or he is the beneficiary. If you are both trustees, you can share possession immediately and in either case, when you pass the cans are his without any further action required. This may not work if he is in a different state. You will have to pay for the stamp to transfer into the new trust but since you'd just be transferring from yourself to a trust where you are an RP it wouldn't really impact possession in the mean time.

[Uffdaphil]

Yes, another complication as he is moving to Texas or Florida very soon. I better run this through a lawer.

[alamo5000]

I cannot speak to other states requirements. I did though look into something similar here (in Texas) a long time ago so my memory may be fuzzy.

Yes you can add or take off anyone from a trust, but it depends entirely on how that trust was originally written. Here trusts are not filed with any government entity. Pretty much what the end result would be is to avoid probate or legal fights among the family etc. Anything in the trust, at least in TX is actually quite simple.

I am only speaking about in Texas, but say there was some sort of dispute, the other parties on the trust can show the documents to the judge and it's pretty much done. It's not a 'hearing' type of thing, but rather you can submit it to their office and the judge will read over it and say ok and if needed give relevant documents to those involved. Coming from out of state though, I have no idea. From what I hear, in some states trusts have to be filed in the courthouse in some cases which is totally different than here.

I would think for the SBRs the others on the trust would simply file for a permanent change of address with the ATF the exact same way as if you yourself or anyone else with an SBR would should they move to another state. I've never done it but I am pretty sure that's all that would need to be done.

The stuff not in the trust is where you would probably focus your efforts in my opinion. But like the others said, much more qualified advice is probably wise.

[Uffdaphil]

I think your last sentence is right on the money.

[gatordev]

Yes, another complication as he is moving to Texas or Florida very soon. I better run this through a lawer.

Obviously, like you said, talk to a lawyer, but...

Where he's going doesn't really matter. The Trust resides in the state it was created. It's its own entity. The items assigned to the trust can move around (with proper permission from the ATF and it being legal to possess in the state that it "visits").