300BlkTalk

So I have a trust and a form 1 SBR on it prior to efile going off line. I did the whole 5.56 thing and now want something hearing safe for home defense. I sold my 7.5” 5.56 upper and building an 8.5” 300blk upper and going to suppress it. Looking at the Q Half Nelson. Since it doesn’t seem there is a benefit of having a trust anymore should I even use it when I purchase my suppressor and do a form 4?

You'll still have to do a form 4.

But are you asking about whether to use the trust or to transfer it as an individual?

John A. wrote:You'll still have to do a form 4.

But are you asking about whether to use the trust or to transfer it as an individual?

Yes that’s what I was asking. Sorry if it didn’t come out that way.

If you are the owner of the trust, drop everyone off the trust, purchase the suppressor using the trust then add the other people back on. The copy of the trust will remain on file for 2 years with the ATF so you can reference it for purchases within that time. Doing it this way you are the only one that has to submit fingerprint cards and photos. If you want to allow any other person to use it without you present then you will have to use the trust and have their name on the trust at the time they are in possession.

Would I have to go back through the lawyer to drop them off and readd them?

You should have received a form to add and remove individuals. You should only need to get a notary for that depending on your state.

A-Game wrote:You should have received a form to add and remove individuals. You should only need to get a notary for that depending on your state.

Correct. It is your Schedule B attached to the main trust.

first off - i am not a lawyer and am not familiar with the trust laws in your state. i'm just a guy with a lawyer drafted NFA trust that owns a couple suppressors.


second - read your trust. front to back. including all the legal mumbojumbo

as smus mentioned there will be at least two documents with the main body of the trust - those being your Schedule A and Schedule B. In my trust Schedule A is the list of members, Schedule B is the list of trust property.

it should clearly lay out the rules of trust membership in there for you including how to add or remove members from the trust as well as who the "responsible persons" are based on your Schedule A (list of members) and how to correctly modify the Schedule A (list of members) accordingly.

you probably wont be able to take anyone off the named trustee list thats part of the trust foundation - those being the grantor-trustee (you most likely), successor-trustee and alternate-successor-trustee - without going to see a lawyer. However that will also directly correlate with your trust rules and states trust laws.

as smus said, anyone else on your schedule A (list of members) thats not part of that specific group should be removable with at most a notary stamp and often not even that.

Some trusts allow the Schedule A (list of members) to be freely edited and the most current version stands with nothing more than hitting the print button after editing.
this is how my trust is setup - however in my case the only members are the grantor-trustee (me) and my successor-trustee and alternate-successor-trustee. I can add/remove beneficiary's (who are also "responsible persons" eligible for posession) at will as long as they meet the other requirements of posession laid out by law and the trust language itself.


if you're unsure of how your trust is setup and are unable to decipher from the document itself who can and cannot be removed at will from the trust - i strongly suggest contacting the person (lawyer?) who drafted the trust for you or a lawyer who specializes in trust law for clarification.

hth

plant.one wrote: as smus mentioned there will be at least two documents with the main body of the trust - those being your Schedule A and Schedule B. In my trust Schedule A is the list of members, Schedule B is the list of trust property.

Definitely verify your A & B. On my trust, Sched A is List of Property and Sched B is People. Exact opposite of plant.one. As long as the main body of the trust states what schedule does what then it does not matter about the order. My trust was done by an in-state lawyer so it may differ slightly from a generic trust.

My trust was done by an in state lawyer also. I did forget the fact that anyone on the trust that may have access to the nfa weapon when I am not around would need to be on the suppressor as well. My wife is listed as a co-trustee so she has equal rights as me and has the combination to the safe so able to get the nfa item when I am not around. I will use my trust and have her fingerprinted and pictures done also to keep everything status quo. Thanks for all your help!