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Thread: NFA Trust - So many questions -

  1. #11
    Site Supporter David S.'s Avatar
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    Another satisfied customer of attorney Jim Willi.

  2. #12
    Site Supporter MGW's Avatar
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    I did my trust through Silencer Shop. Super simple and the turnaround was fast.
    ďIf you know the way broadly you will see it in everything." - Miyamoto Musashi

  3. #13
    Any other users of the Silencer Shop trusts? I bought my first suppressor through Silencer Shop and had a great experience. Iíll very likely be Form 1ing an AR pistol in the near future and would like to go the trust route. I see several more NFA items in my future and think that the trust route would give me more flexibility for certain things.
    My posts only represent my personal opinion and do not necessarily reflect the opinions or official policies of any employer, past or present. Obvious spelling errors are likely the result of an iPhone keyboard.

  4. #14
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    Quote Originally Posted by DanM View Post
    Any other users of the Silencer Shop trusts? I bought my first suppressor through Silencer Shop and had a great experience. Iíll very likely be Form 1ing an AR pistol in the near future and would like to go the trust route. I see several more NFA items in my future and think that the trust route would give me more flexibility for certain things.
    I used the Silencer shop trust. It was quick and easy.

    You fill out everything online and they send you a PDF of your trust which you then get notarized.

    They are available to answer questions when you are filling out the online portion and if Silencer Shop staff canít answer they gave a law firm on retainer that can.

  5. #15
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    I used the Silencer Shop trust because I was too lazy to do any research and just write my own. There is no magic to it, pretty much a bare bones basic trust like any trust attorney in the world could draft you. That said, its also much cheaper than having a lawyer write one up.

  6. #16
    Damnable 1911 Heretic Elwin's Avatar
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    For context, I'm a lawyer (licensed in Iowa) and I've done some work doing NFA trusts.

    It's absolutely imperative that you have a Texas lawyer knowledgeable of NFA law, Texas state gun laws, and most importantly Texas trust and estate law set this up for you. Many gun shops or other services offering form gun trusts are committing what is, in my opinion, grossly negligent unlicensed practice of law. The forms they use are very often egregiously wrong either in how they set up transfers, how they work under a given state's law, or what they do (or don't do...) regarding federal gun laws. As mentioned above, the ATF is going to do absolutely nothing to ensure that your trust is valid under Texas law. If it turns out it isn't (and there are plenty of ways that can happen if the drafter doesn't understand Texas trust law), then there is no trust in existence, and therefore everyone possessing NFA items pursuant to the alleged trust is automatically an unauthorized transferee and subject to the 10yr prison sentence and substantial fine for that offense.

    I'm not giving you legal advice (again, only licensed in Iowa), just saying you really need to make sure you get some. If you knew all that already, then this may benefit others reading the thread. It's a huge issue with all the companies offering the "great deal" of "here's our trust form for $50, fill in the blanks and good luck!"

  7. #17
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    I have not transferred anything under the new rules, yet, and I will have to review my Trust to verify terms. My wife and I are the Settlors-Trustees of the Trust. We can do as we wish with the Trust and the items it contains, although my lawyer was clever enough to include that I manage the Trust, so she can posessess Trust owned items and add to the Trust, but can only remove items from the Trust with my approval. My dad and her dad are Successor Trustees, and only have access to Trust owned items upon my wife's and my death, to secure and protect for the Beneficiaries. My children are the Beneficiaries of the Trust, and as they come of age I will have them moved over to Successor Trustees or Settlor-Trustees.

    So I guess I need to contact my lawyer at www.guntrustlawyer.com and verify that I don't need my dad's and father-in-law's prints and photos to transfer into the Trust, or what changes I need to make to ensure it. I think I am OK but will be sure before my next Form 4.

    The lawyer I used wrote the Trust, had it reviewed by a local estate planning attorney familiar with NFA, and sent me a wonderful thirty page "how to best use your new Trust" document that addressed so many issues I didn't know were issues until I read them and said "well, yeah, I can see that. Duh".

    The SBR'd and suppressed .22 MP5 clone is WAAAY to much fun to leave to risk.

    pat
    Last edited by UNM1136; 12-17-2020 at 04:17 PM.

  8. #18
    I asked this years ago, and people said it was going overboard. But with current legislation trying to block firearm transfers or inheritance, would forming a trust to encompass non-NFA items be reasonable?

  9. #19
    Lowly Production C-Class olstyn's Avatar
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    Quote Originally Posted by theJanitor View Post
    I asked this years ago, and people said it was going overboard. But with current legislation trying to block firearm transfers or inheritance, would forming a trust to encompass non-NFA items be reasonable?
    My wife asked me this question a few weeks ago, specifically in regard to what would happen to her father's collection of guns upon his death (he's in good health, but better to consider this stuff ahead of time) and I wasn't really sure what to tell her. I'm thinking it's a great big wide open "maybe."

  10. #20
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    Quote Originally Posted by theJanitor View Post
    I asked this years ago, and people said it was going overboard. But with current legislation trying to block firearm transfers or inheritance, would forming a trust to encompass non-NFA items be reasonable?
    It could be, but it depends on how the state law is structured. Federal law generally exempts from some transfer rules what ATF considers "transfers by operation of law." Usually these are intestate succession or through a will, but can also include distributions under a trust.

    If the state law completely prohibits transfers, then a trust isn't a forever solution, but it can help prolong the time period where a "transfer" doesn't occur. Trusts are usually going to be subject to the applicable state's rule against perpetuities. This is a rule that prohibits "dead hand control" of assets, so eventually a distribution/transfer will need to occur.

    While this is not legal advice and no attorney-client relationship is expressed or implied, many trusts and estates attorneys suggest a family trust with "pour over will." This would put all a person's firearms in a trust (with their other property) and NFA firearms in the same or a separate trust.

    However, a trust isn't necessarily a solution, and can cause problems if a state law is poorly drafted to the point where it seems to limit firearms ownership to a natural person.

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