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AR15.COM
Armory Sponsor
7/24/2006 11:38:53 AM EDT
After reading the 13 page thread on setting up a trust for NFA transfers, I decided to give it a whirl and see if it was as easy as it sounded.  It is and I’ve outlined the process I used to successfully purchase two suppressors this summer.  While the process is relatively simple, I’ve tried to include the information that was either confusing (where the thread gave conflicting advice) or just plain wrong.  Many thanks to ‘Tony K’ for clarifying the incorrect issues and helping to get me approved.  

04/28:  Ordered Gemtech Blackside & Outback II from Riley’s Gun Shop in Hooksett, NH.  Ralph is an excellent dealer that came highly recommended to me and he did not charge me any transfer fees.  While I paid sticker, Ralph did give me a pretty good discount on another purchase, so I was more than satisfied with the price.  

$549 for Blackside
$299 for Outback II
$45 for Sig Mosquito / Outback II adaptor

05/05:  Purchased Quicken Willmaker Software to create the Trust
I established the ‘CFFuts23 NFA Firearms Trust’
I’m the trustee and there were no other assets in the trust at the time I sent it in
My wife has control of the trust in the event of my demise
Time spend to create trust:  20 minutes  

05/10:  Secured Notary Signature on my new trust (had three copies formally signed and stamped)

06/02:  Dealer received Blackside Serial Number
Dealer filled out the form 4s with my trust information
I paid dealer the full cost of my purchases  
I filled out items 13, 14 and 15
On item 15, I signed my name, Trustee and gave the reason ‘for all lawful purposes’
On the citizenship form, I listed the trust name and me as the trustee

06/06:  Received Outback II Serial Number from Dealer and filled in the serial number myself

06/07:  Mailed ATF Form 4s, personal check ($400), a copy of the trust and one citizenship form to:
National Firearms Act Branch
244 Needy Road
Martinsburg, West Virginia 25401

06/19: Check cashed by ATF
07/14:  Checked in on the status by calling: 304-616-4500 and both transfers went pending 7/13
07/24:  Checked the status and I was approved 7/21 and paperwork was sent to dealer via the US Postal Service

I’m hoping the paperwork arrives tomorrow so I can pick-up the suppressors this Wednesday.  
7/24/2006 1:34:12 PM EDT
[#1]
Glad everything worked out ... and that I could be of help.

Now go have some fun!
7/24/2006 2:49:23 PM EDT
[#2]
Awesome, I'm in the same process.  I just want to have my documents reviewed by an attorney.

I thought you did not need the citizenship form though, or am I wrong?
7/24/2006 2:58:42 PM EDT
[#3]

Quoted:
Awesome, I'm in the same process.  I just want to have my documents reviewed by an attorney.

I thought you did not need the citizenship form though, or am I wrong?

I always send one anyway. It's a one-page form, you print your name and sign it. BATF does not penalize you for sending too much paperwork, but many individuals still forget to include one with their personal applications. If an examiner is in a hurry or distracted, your trust application might get put on the "incomplete" stack.  

IMHO, anything that reduces the risk of delay -- even if that would be a long shot -- I include in the package.
7/24/2006 6:52:31 PM EDT
[#4]
Is there any kind of state by state breakdown on what a Trust requires? I took a look around the MyFlorida site but didn't see it at a glance. Thanks, the big thread was useful but didn't see specifics to Fl that were definete.
7/24/2006 8:13:24 PM EDT
[#5]
According to Willmaker:

1) It's customary to have two witnesses sign your trust in Florida.  

2) Florida requires that you register your living trust document with the local court. But there are no legal consequences or penalties if you don't.

I am not a lawyer, but I have spent a lot of quality time with Willmaker.  
7/25/2006 8:46:51 AM EDT
[#6]

Quoted:
2) Florida requires that you register your living trust document with the local court. But there are no legal consequences or penalties if you don't.


Is that done at the clerk of courts?
7/25/2006 9:45:38 AM EDT
[#7]

Is that done at the clerk of courts?


I don't know.  I would call them and ask.
7/25/2006 12:13:41 PM EDT
[#8]

Quoted:
05/10:  Secured Notary Signature on my new trust (had three copies formally signed and stamped)

06/07:  Mailed ATF Form 4s, personal check ($400), a copy of the trust and one citizenship form to:

Did you mail the CERTIFICATION of Trust or the DECLARATION of Trust?
7/25/2006 5:59:22 PM EDT
[#9]
what does Willmaker tell ya about Ohio?
7/25/2006 7:39:07 PM EDT
[#10]
The instructions for Ohio didn't mention any special provisions, unlike Florida.
7/26/2006 3:56:47 AM EDT
[#11]
Sweet.  Thanks!
7/26/2006 10:58:03 AM EDT
[#12]

Quoted:

Quoted:
05/10:  Secured Notary Signature on my new trust (had three copies formally signed and stamped)

06/07:  Mailed ATF Form 4s, personal check ($400), a copy of the trust and one citizenship form to:

Did you mail the CERTIFICATION of Trust or the DECLARATION of Trust?


The Willmaker software created my Declaration of Trust.  In most states the trust does not become certified until it is notarized (for NH; other states may have additional requirements).  Once I get my Declaration of Trust notarized, it was a certified trust.  I included a copy of this certified trust with my application.  Since it was a copy, the trust I sent in did not have the raised state seal marking, but it did show the NH stamp (ink stamp) and signature of the notary proving it was certified.  

Also, a few people have asked what I used in my trust description since I didn't have the serial numbers when I got the trust notarized.  I put "all NFA items" as my description when I had the trust notarized.  While vague, I didn't know if it was Ok to add the not yet approved suppressors to the trust (technically they aren't in the trust yet).  Now that I have been approved, I'll formally add the assets to the Trust.  
7/26/2006 12:40:21 PM EDT
[#13]
I suggest sending a Certification of Trust instead of a Declaration of Trust whenever possible.  Willmaker produces both.
8/5/2006 9:02:33 PM EDT
[#14]
The 'Certification of Trust' is something that Willmaker prints out that says 'Yes, they have a trust', but it leaves out the particulars about your property and what is in the trust.

If you send a copy of the trust itself, it most likely will have much more info than ATF needs to know.

Willmaker does not automatically generate the Certification of Trust when you are done, you have to access it from a pull down menu, or somewhere else.
8/6/2006 4:26:13 AM EDT
[#15]

Quoted:
Is there any kind of state by state breakdown on what a Trust requires? I took a look around the MyFlorida site but didn't see it at a glance. Thanks, the big thread was useful but didn't see specifics to Fl that were definete.
U dont need a lawyer. Just get it Noterized and your done. The reason they say lawyer is for bank accounts and homes and such properties.
8/6/2006 5:15:24 AM EDT
[#16]

The 'Certification of Trust' is something that Willmaker prints out that says 'Yes, they have a trust', but it leaves out the particulars about your property and what is in the trust.

If you send a copy of the trust itself, it most likely will have much more info than ATF needs to know.


+1


Willmaker does not automatically generate the Certification of Trust when you are done, you have to access it from a pull down menu, or somewhere else.


Good point.  You need to select Living Trust - Certification of Trust after printing your Declaration of Trust.
8/7/2006 1:26:10 AM EDT
[#17]
Awesome, going that way myself soon...thanks for putting up a good condensed post on how you did it.
Armory Sponsor