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Discussion or advice on how to create an Illegal NFA item will result in an immediate ban. No advice given within should replace user due diligence. Always consult a lawyer / professional.



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 Why a trust? 
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In my opinion, 41F eliminated a major advantage of trust ownership (the easy "sharing" of NFA firearms with co-trustees) for assets acquired under the new rules. The sharing advantage is still there, but the process is now more difficult (fingerprints, photographs, and BGCs for everyone instead of just for the grantor).

I set up a trust because my immediate family members are all firearm enthusiasts, and I wanted my dad, brother, sister, brother-in-law, and wife to be able to legally possess and use my firearms whenever they want during my lifetime. Had I bought my NFA firearms as an individual, my family would only be able to possess and use them when I was present.

If sharing your NFA items with others during your lifetime is of little interest to you, then a trust may not be right for you. And if your wife doesn't care to own your NFA items after you're dead and gone, then a trust may not be right for you.

Everyone's situation is different, and setting up a trust is not always the answer. It's hard to get objective advice and information on which route to go, though, because everyone has their opinions, or they are trying to sell you something.

Good luck figuring it out!


Thu Jan 12, 2017 8:05 am
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PMB wrote:
kf7mjf wrote:
So if she says your wife becomes an accidental felon, she's a lying sack of shit, because the procedures are in place to provide for a smooth transfer of ownership of NFA items to an heir.


Or she could simply be mistaken.


I'll assume positive intent. But K7numbersAndLetters makes a good point. If they're experts, they should know better.

They might be either dishonest or incompetent. And I'm not sure which is worse.


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Thu Jan 12, 2017 12:51 pm
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Incompetency can be excused, especially at the lower levels of "person answering the phone" who may or may not be expected to do more than simply connect calls to the correct person/department.

Dishonesty OTOH...

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Thu Jan 12, 2017 12:53 pm
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Another reason it's not so clear cut is because of all the variables. Everyone's circumstances are different. I found what works best for me. All any of us can do is explain our situation and what we did to accommodate it.


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Fri Jan 13, 2017 4:48 pm
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RocketScott wrote:
A few things to consider:

Having a trust keeps it out of probate. Doesn't go through that system at all.

If your wife has access to the SBR while your not there she's in violation.

Trusts don't have to be expensive. I wrote my own. It's not rocket science.


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Sat Jan 14, 2017 5:00 am
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Yes, there are forms that can be done to transfer them if you die first. But, do you want your wife to have to go through the process when she has other things to deal with? Will she remember something that she doesn't even care about when she has more important day to day things to do? Funeral, dealing with banks, insurance, taking care of kids, that sort of thing.


Mon Feb 27, 2017 10:46 pm
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Unicorn wrote:
Yes, there are forms that can be done to transfer them if you die first. But, do you want your wife to have to go through the process when she has other things to deal with? Will she remember something that she doesn't even care about when she has more important day to day things to do? Funeral, dealing with banks, insurance, taking care of kids, that sort of thing.


I'm including instructions (with links) in my will so that the executor can easily take care of it. Either way in a trust situation, it will still need to be dealt with.


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Tue Feb 28, 2017 5:42 pm
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edogg wrote:
Unicorn wrote:
Yes, there are forms that can be done to transfer them if you die first. But, do you want your wife to have to go through the process when she has other things to deal with? Will she remember something that she doesn't even care about when she has more important day to day things to do? Funeral, dealing with banks, insurance, taking care of kids, that sort of thing.


I'm including instructions (with links) in my will so that the executor can easily take care of it. Either way in a trust situation, it will still need to be dealt with.


That is solid thoughtful sir. :patriot: Very good of you. :cheers2:

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Tue Feb 28, 2017 5:56 pm
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In a trust it doesn't go through probate.

There are some advantages to that.


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Tue Feb 28, 2017 8:54 pm
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edogg wrote:
Unicorn wrote:
Yes, there are forms that can be done to transfer them if you die first. But, do you want your wife to have to go through the process when she has other things to deal with? Will she remember something that she doesn't even care about when she has more important day to day things to do? Funeral, dealing with banks, insurance, taking care of kids, that sort of thing.


I'm including instructions (with links) in my will so that the executor can easily take care of it. Either way in a trust situation, it will still need to be dealt with.


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It will but there is no other process involved. You die, it's hers. As simple as that. Yes, there will be the Form 4 to a store or other person, but there is no Form 5 in between that. It just keeps things simpler.
You seem to be wanting to have a nice easy estate plan. Trusts are a part of estate planning.
It's why one of the lawyers at NW Gunlaw group loves trusts. Dennis is an estate attorney. It's what he does full time... the gun stuff is a side business for him. Trusts, wills, everything else having to do with estates and deaths.


Thu Apr 20, 2017 5:11 pm
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