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AR15.COM
3/20/2025 2:53:38 PM EDT
So how do NFA/gun trusts work WRT the new background check law?
The road to Hell is paved with presidential candidates.
3/21/2025 10:41:43 AM EDT
[#1]
Personally, I think that the NFA Trust thing is not too popular these days.  Because of the additional photos and finger prints needed.  With E Filing turning over stuff pretty darn fast these days it seems as the NFA Trust has outlived it's one time usefulness.
jme and I am a NRA Endowment Member

Don't be too timid and squeamish about your actions. All life is an experiment. The more experiments you make the better.
R W Emerson
3/21/2025 6:03:36 PM EDT
[#2]
You get your trust written and approved with just you in it, then add people after the new toys are approved.
The plane flew, admit you're wrong and get over it.
3/21/2025 7:44:55 PM EDT
[Last Edit: cgrant26][Edited] [#3]
Just wondering what the legalities are with trustees being in possession of trust owned firearms. (WRT the background checks law)
The road to Hell is paved with presidential candidates.
4/9/2025 4:46:21 PM EDT
[#4]
the free gun trusts offered by suppressor dealers are very basic and frankly not worth your time. I got one with my first can and had my family trust lawyer take a look at it. My gun trust and my family trust are both done by one of the best trust lawyers in MN. The majority of my NFA items are individual and will be transferred by form 5.
4/9/2025 10:13:12 PM EDT
[#5]
Quote History
Originally Posted By cgrant26:
Just wondering what the legalities are with trustees being in possession of trust owned firearms. (WRT the background checks law)
View Quote


I think there are a number of angles to this.

Are there multiple people on the trust?  Are you moving a weapon you already own into the trust?  Is it NFA or the conversion to an NFA weapon?  Are you purchasing from an FFL?


In the simplest form where you are the only one on the trust and the firearms was not already owned by you, then you're doing the background check if purchasing from an FFL.  If you're buying from an individual, and you have a permit to carry you can follow the UBC law and just do the appropriate documentation and keep it for 10 years and never involve an FFL.  Then move the firearm into the trust.  I believe for an NFA weapon, it would be the same.  Just that since it's NFA, you couldn't take possession of it until you get your tax stamp and it's probably part of your trust right there and then.  

If there are multiple people on the trust, I don't think I read anything specific in the law with regard to trusts and the # of people so it could be considered a gray area.  But the interpretation I took is that only one person ultimately has do a 4473 or the paperwork under the UBC law.  Reason being, is that a 4473 never covers more than one person.  And if I'm not mistaken, for NFA items in trusts, now everyone on the trust has to submit fingerprints/forms/etc to the BATF anytime a new NFA item is added.  I think that is one of those lovely BATF 'determinations' they made under FJB.

Lastly, I'm just an average joe and not an FFL so the above interpretations are worth exactly what you paid for them.  


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