BUY NOW IF YOU WANT TO USE A TRUST, Obama requiring background checks for NFA

A trust or corporation as a legal entity for the purchase of NFA items isn't going away.
That EO wouldn't hold up to even a half assed legal challenge.
At best they might require the person receiving the NFA on behalf of the trust or corporation to undergo a NICS.
Requiring all trustees or all corporate officers to undergo a background check will not stand up to a legal challenge either.
This shit has been talked about for years (as long as I can remember and I've been doing the trust thing since before Obama) all the NFA lawyers have said it would not stand.
Obama can sign anything he wants, making it stick past when the ink dries is a whole other story.

Is this different than the existing proposed 41p regulatory rewrite?

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Originally Posted by jc000

This is confusing (sorry). I'd like a trust so I don't have to worry about my immediate family having access to my future NFA purchases. I have none currently.

Does this mean that I will no longer be able to share ownership with another person for an NFA item? Or just that we'd all need background checks?

Can I set up a trust to purchase NFA items even if I'm not planning on purchasing any in the near future?

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IIRC - I haven't really been following very closely and no longer do NFA trusts except as a favor - the ATF is going to start requiring trustees and corporate officers to get fingerprinted, photographed and have their local CLEO sign off on their NFA applications. Which last bit effectively kills NFA purchasing in jurisdictions where the local CLEO refuses to sign off. Trusts are (used to be?) a way around the CLEO sign off, fingerprint and photo requirements.

So to answer your question, assuming 41p gets implemented - a pretty good guess at this point - and that you live in an NFA unfriendly jurisdiction, I wouldn't bother with a trust if you're not going to get it finished and buy a whole bunch of NFA stuff tomorrow.

Preliminary, not carved in stone, etc but Hansohn Bros thinks it will take a few weeks to implement.

My CLEO will sign off on NFA purchases. No worry there.

My only concern is my wife / kids having access to or "possessing" any NFA items I purchase. Sounds like this proposed order won't effect that.

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Originally Posted by TR675

Is this different than the existing proposed 41p regulatory rewrite?



IIRC - I haven't really been following very closely and no longer do NFA trusts except as a favor - the ATF is going to start requiring trustees and corporate officers to get fingerprinted, photographed and have their local CLEO sign off on their NFA applications. Which last bit effectively kills NFA purchasing in jurisdictions where the local CLEO refuses to sign off. Trusts are (used to be?) a way around the CLEO sign off, fingerprint and photo requirements.

So to answer your question, assuming 41p gets implemented - a pretty good guess at this point - and that you love in an NFA unfriendly jurisdiction, I wouldn't bother with a trust if you're not going to get it finished and buy a whole bunch of NFA stuff tomorrow.

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Originally Posted by JodyH

A trust or corporation as a legal entity for the purchase of NFA items isn't going away.
That EO wouldn't hold up to even a half assed legal challenge.
At best they might require the person receiving the NFA on behalf of the trust or corporation to undergo a NICS.
Requiring all trustees or all corporate officers to undergo a background check will not stand up to a legal challenge either.
This shit has been talked about for years (as long as I can remember and I've been doing the trust thing since before Obama) all the NFA lawyers have said it would not stand.
Obama can sign anything he wants, making it stick past when the ink dries is a whole other story.

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This is my understanding as well. I don't wanna concede anything but the extra step isn't an issue if it's a NICS check to pick the shit up. I wanna save a trip to the local courthouse or sheriff's office as well as have my wife able to use and possess NFA items, as well as allow her to keep things should I go Carradine somewhere.

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Originally Posted by jc000

My CLEO will sign off on NFA purchases. No worry there.

My only concern is my wife / kids having access to or "possessing" any NFA items I purchase. Sounds like this proposed order won't effect that.

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They will have to have background checks as well according to 41p which is what we assume is what Obama is implementing.

If there is something local on a Form 4 that you want and you don't want to deal with CLEO sign off, BUY IT NOW. If you have an anti NFA CLEO and don't live in a shall sign state, buy what you want that is available on a Form 4 locally and do it NOW.

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Originally Posted by Guinnessman

When was the last time you heard a NFA firearm was used in a crime?

This will not solve any problems......it's all about control.

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It is all BS - but ex LAPD officer Christopher Dorner - he moved to Nevada and bought his SBR and suppressor via trust. Otherwise no.

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Originally Posted by HCM

It is all BS - but ex LAPD officer Christopher Dorner - he moved to Nevada and bought his SBR and suppressor via trust. Otherwise no.

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And tried like hell to dime out the "loophole" in his idiotic manifesto. Rot in peace, Dorner.

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Originally Posted by LittleLebowski

And tried like hell to dime out the "loophole" in his idiotic manifesto. Rot in peace, Dorner.

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Agreed - Piss on that dude.

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Originally Posted by LittleLebowski

Preliminary, not carved in stone, etc but Hansohn Bros thinks it will take a few weeks to implement.

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I'm being hyperbolic, but, what the hey, that's keeping in the theme of the thread ;).

Quote:

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Originally Posted by jc000

My CLEO will sign off on NFA purchases. No worry there.

My only concern is my wife / kids having access to or "possessing" any NFA items I purchase. Sounds like this proposed order won't effect that.

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The NFA is stupid. That's the first thing to understand. So, say you set up a trust with yourself as trustee and only person authorized to use the firearm until your death. You pass the new "background check" with flying colors and collect your new fun toy. Later that night, you add your spouse and her Uncle Larry to the trust as co-trustees, which you can do because the trust is revocable and can be changed at will. Hey presto, now they can use the NFA firearm without the background check.* AFAIK there is no requirement in 41p for additional checks after the purchase for new authorized persons. See? Stupid

*Like I said, I haven't fooled with the NFA or looked at 41p in a while so DO NOT rely on this analysis. Consult your lawyer, who is someone other than me.