Removing Beneficiaries from Trust used prior to 41F

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plant.one
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Re: Removing Beneficiaries from Trust used prior to 41F

Post by plant.one »

hardcase wrote:
My understanding is that part of the reason for 41F was that a Trust allowed someone without fingerprint/LE clearance to be in possession of a can or maybe even a SBR if their name was on the Trust.


yea it drove them nuts they didnt have their list. it took control away from them and obama couldn't have that - so here we are now.


bunch of hogwash.
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dellet
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Re: Removing Beneficiaries from Trust used prior to 41F

Post by dellet »

plant.one wrote:
hardcase wrote:
My understanding is that part of the reason for 41F was that a Trust allowed someone without fingerprint/LE clearance to be in possession of a can or maybe even a SBR if their name was on the Trust.


yea it drove them nuts they didnt have their list. it took control away from them and obama couldn't have that - so here we are now.


bunch of hogwash.
It may be a bunch of hogwash, but blaming it on Obama is deflecting blame. Gun owners and in particular those who exploited the "trust loop hole" are to blame.

You can't scream no "new laws until you enforce existing laws" at the top of your lungs and then get pissed when they tighten the rules where prohibited people can easily buy weapon. The same thing will happen again when it becomes clear people are adding and subtracting people to trusts specifically to avoid background checks.

Right now gun owners have been lucky regarding some of the recent events, but as we stand back and say "don't blame the gun, blame the lack of enforcing existing laws because he was a prohibited person" it's a very logical step to take a look at those associated with trusts.

What will happen is, eventually a prohibited person will be found with a weapon in hand that belongs to a trust. Everyone in the trust will be at risk for a felony conviction. If everyone is the trust, the trust provided the weapon to the prohibited person, everyone is charged. All involved knowingly conspired to create the trust for the sole purpose of of allowing access to weapons to prohibited persons.

No different than fast and furious on a family level.
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golfindia
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Re: Removing Beneficiaries from Trust used prior to 41F

Post by golfindia »

I'm impressed that the whole trust thing was able to last as long as It did.
Scroder
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Re: Removing Beneficiaries from Trust used prior to 41F

Post by Scroder »

Ill be using this https://nfalawyers.com/new-41f-update-n ... s-clients/ Click on the 41f amendment link
hardcase
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Re: Removing Beneficiaries from Trust used prior to 41F

Post by hardcase »

dellet wrote:
plant.one wrote:
hardcase wrote:
My understanding is that part of the reason for 41F was that a Trust allowed someone without fingerprint/LE clearance to be in possession of a can or maybe even a SBR if their name was on the Trust.


yea it drove them nuts they didnt have their list. it took control away from them and obama couldn't have that - so here we are now.


bunch of hogwash.
It may be a bunch of hogwash, but blaming it on Obama is deflecting blame. Gun owners and in particular those who exploited the "trust loop hole" are to blame.

You can't scream no "new laws until you enforce existing laws" at the top of your lungs and then get pissed when they tighten the rules where prohibited people can easily buy weapon. The same thing will happen again when it becomes clear people are adding and subtracting people to trusts specifically to avoid background checks.

Right now gun owners have been lucky regarding some of the recent events, but as we stand back and say "don't blame the gun, blame the lack of enforcing existing laws because he was a prohibited person" it's a very logical step to take a look at those associated with trusts.

What will happen is, eventually a prohibited person will be found with a weapon in hand that belongs to a trust. Everyone in the trust will be at risk for a felony conviction. If everyone is the trust, the trust provided the weapon to the prohibited person, everyone is charged. All involved knowingly conspired to create the trust for the sole purpose of of allowing access to weapons to prohibited persons.

No different than fast and furious on a family level.
Without getting into personal details the Firearms Trust was the reason a responsible party could dispose of my NFA items. Our wills are set up for X, Y, and Z to share in equal parts. One of which would be a prohibited person. Seems like every family has one of those.

Our small town local Sherriff knows squat about how to deal with this.

NFA items are like hot potatoes. No one wants to get caught with them, even short term. Try getting someone you trust to get prints if they do not know about SBRs and cans.
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plant.one
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Re: Removing Beneficiaries from Trust used prior to 41F

Post by plant.one »

exactly - there are a Lot of very valid reasons for the trust without trying to get a loophole.

i know my trust has very very specific language preventing the posession of the trust nfa items by a person who is legally unable.


for me the trust was a tool to ensure that my family would never be legally at risk if i were to leave my suppressor there between visits. and it saves me from transporting my NFA items back and forth if i'm gonna be back in the area soon.

My sparrow & 10/22 live there sometimes for months at a time as i have a group of properties i help with vermin control at in the area. One of the places i've still got several dozen pigeons to take out. IIRC i got 15 or 16 last time i was up there and i hardly put a dent in the flock.
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ncorry
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Re: Removing Beneficiaries from Trust used prior to 41F

Post by ncorry »

hardcase wrote:
plant.one wrote:
My understanding is that part of the reason for 41F was that a Trust allowed someone without fingerprint/LE clearance to be in possession of a can or maybe even a SBR if their name was on the Trust.
41F still allows someone without fingerprint/ LE clearance to be in possession of NFA items- See Q&A #4 in link below. I've been seeing lots of multi-trustee Trusts removing all but the grantor-Trustee and submitting a Form 4. When it gets approved, the grantor-Trustee has a change of heart and (re)appoints several (of the same) co-trustees.

https://www.atf.gov/resource-center/doc ... f/download
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plant.one
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Re: Removing Beneficiaries from Trust used prior to 41F

Post by plant.one »

your multi-quoting is wrong, that was hardcases's quote, not mine.
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ncorry
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Re: Removing Beneficiaries from Trust used prior to 41F

Post by ncorry »

plant.one wrote:your multi-quoting is wrong, that was hardcases's quote, not mine.
Sorry, was not intentional. I deleted some language when I hit the "quote" button, but didn't move anything around.
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plant.one
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Re: Removing Beneficiaries from Trust used prior to 41F

Post by plant.one »

no harm done, just dont want to steal anyone's thunder :)
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