Gun store Shooting Locations It is currently Tue Apr 16, 2024 2:35 pm



Rules WGO Chat Room Gear Rent Me Shield NRA SAF CCKRBA
Calendar


Forum rules


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.



Reply to topic  [ 18 posts ]  Go to page 1, 2  Next
 What's the next step with a trust? 
Author Message
Site Supporter
User avatar
Site Supporter

Location: The banana belt of Sequim
Joined: Thu Feb 25, 2016
Posts: 2299
Real Name: Jay
OK, so I have my trust as of today.
Signed and notarized, ready to go.

If I am ordering a suppressor from Silencershop, do I need to scan the notarized signature page, add it to the other pages of the trust, and then e-mail all of it plus the (currently blank) Schedule A to them?

Thanks for your help!

_________________
Jay

The Right to Buy Weapons Is the Right to Be Free


Mon Mar 21, 2016 4:50 pm
Profile
Site Supporter
User avatar
Site Supporter

Location: I-5 /512
Joined: Thu Dec 8, 2011
Posts: 15231
Real Name: chris
viewtopic.php?f=41&t=336

_________________
Image


Mon Mar 21, 2016 5:25 pm
Profile
Site Supporter
User avatar
Site Supporter

Location: Puyallup for now
Joined: Tue May 24, 2011
Posts: 2099
The Schedule A should have something listed on it prior to submitting it to the ATF, even it's just "$5 held by the Grantor". It could literally be anything, just needs to be something listed.


Mon Mar 21, 2016 7:55 pm
Profile
Site Supporter
User avatar
Site Supporter

Location: White Center
Joined: Thu Mar 17, 2011
Posts: 6489
Isildur wrote:
OK, so I have my trust as of today.
Signed and notarized, ready to go.

If I am ordering a suppressor from Silencershop, do I need to scan the notarized signature page, add it to the other pages of the trust, and then e-mail all of it plus the (currently blank) Schedule A to them?

Thanks for your help!


Okay, so you have the "original/signed/notarized" version of your trust - take that and scan the whole thing. Save it to your computer, a flash drive and perhaps in the cloud - you can never be too careful with an important document like that. Take the original and put it someplace extremely safe - your gun safe, your bank safe deposit box - somewhere that is secured from fire and will be easy for someone to find in the event of your untimely demise.

When you have that scanned document, yes - you'll upload it to SilencerShop.com during the process of purchasing something - I forget exactly when they ask you to do it...but it's definitely part of the process.

Finally, I'd like to highlight something:

NWRed wrote:
The Schedule A should have something listed on it prior to submitting it to the ATF, even it's just "$5 held by the Grantor". It could literally be anything, just needs to be something listed.


This is correct. I am not an attorney (nor do I play one on TV) but I've done a metric fuck-ton of research on the topic of NFA trusts and I'd like to draw your attention to the RCWs that define a valid trust in WA: http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.011

Without ANY assets in your trust, it is invalid by state law and the ATF would reject your Form 4. As NWRed suggested, you need to fund it - I use a $2 bill and list the serial number. That $2 goes into a hard-sided plastic case and then it's taped to the inside of the binder where the "original/signed/notarized" version of my trust lives.


Mon Mar 21, 2016 8:56 pm
Profile
Online
Site Admin
User avatar
Site Admin

Location: Renton, WA
Joined: Sun Mar 13, 2011
Posts: 52021
Real Name: Steve
NWRed wrote:
The Schedule A should have something listed on it prior to submitting it to the ATF, even it's just "$5 held by the Grantor". It could literally be anything, just needs to be something listed.


My trust, back in the body of the text and NOT in Schedule A, says that it is initially funded with $10. I did not have anything listed on the Schedule A when I first submitted it, and didn't have any trouble.

I don't know shit about trusts, but it appears to me that the Schedule A is not the only place where you can fund the trust.

_________________
Steve

Benefactor Life Member, National Rifle Association
Life Member, Second Amendment Foundation
Patriot & Life Member, Gun Owners of America
Life Member, Citizens Committee for the Right to Keep and Bear Arms
Legal Action Supporter, Firearms Policy Coalition
Member, NAGR/NFGR

Please support the organizations that support all of us.

Leave it cleaner than you found it.


Mon Mar 21, 2016 9:09 pm
Profile
Site Admin
User avatar
Site Admin

Location: Olympia, WA
Joined: Fri Mar 11, 2011
Posts: 38307
Real Name: Dan
I have never filed a schedule A with any of my stamps. Always filled them in afterwards.


Mon Mar 21, 2016 9:24 pm
Profile WWW
Site Moderator
User avatar
Site Moderator

Location: Marysville
Joined: Thu Mar 22, 2012
Posts: 13502
Real Name: Mike
Massivedesign wrote:
I have never filed a schedule A with any of my stamps. Always filled them in afterwards.

+1 schedule A was blank when I efiled my form 1 SBR. ATF approved it without a hiccup.

_________________
Licensed/Bonded/Insured Hardwood Floor Installer/Finisher http://www.hardwoodfloorsnw.com/


Mon Mar 21, 2016 9:56 pm
Profile
Site Supporter
User avatar
Site Supporter

Location: The banana belt of Sequim
Joined: Thu Feb 25, 2016
Posts: 2299
Real Name: Jay
Thanks all, questions answered!

_________________
Jay

The Right to Buy Weapons Is the Right to Be Free


Tue Mar 22, 2016 2:07 pm
Profile
Site Supporter
User avatar
Site Supporter

Location: White Center
Joined: Thu Mar 17, 2011
Posts: 6489
sinus211 wrote:
Massivedesign wrote:
I have never filed a schedule A with any of my stamps. Always filled them in afterwards.

+1 schedule A was blank when I efiled my form 1 SBR. ATF approved it without a hiccup.


Good for you guys - but the ATF should have rejected your trusts without proof that they had assets.


Tue Mar 22, 2016 2:15 pm
Profile
Online
Site Admin
User avatar
Site Admin

Location: Renton, WA
Joined: Sun Mar 13, 2011
Posts: 52021
Real Name: Steve
Benja455 wrote:
sinus211 wrote:
Massivedesign wrote:
I have never filed a schedule A with any of my stamps. Always filled them in afterwards.

+1 schedule A was blank when I efiled my form 1 SBR. ATF approved it without a hiccup.


Good for you guys - but the ATF should have rejected your trusts without proof that they had assets.


Who says they didn't have assets?

Maybe they're funded on a different page . . . like mine is.

Or maybe they're not. :bigsmile:

_________________
Steve

Benefactor Life Member, National Rifle Association
Life Member, Second Amendment Foundation
Patriot & Life Member, Gun Owners of America
Life Member, Citizens Committee for the Right to Keep and Bear Arms
Legal Action Supporter, Firearms Policy Coalition
Member, NAGR/NFGR

Please support the organizations that support all of us.

Leave it cleaner than you found it.


Tue Mar 22, 2016 5:19 pm
Profile
Site Supporter
User avatar
Site Supporter

Location: Spokane
Joined: Tue Apr 12, 2011
Posts: 9653
Real Name: Hans Edlefreth III.
Massivedesign wrote:
I have never filed a schedule A with any of my stamps. Always filled them in afterwards.

Same here.

_________________
-A cowardly man thinks he will ever live, if warfare he avoids; but old age will give him no peace, though spears may spare him.
"For I have always lived violently, drunk hugely, eaten too much or not at all, slept around the clock or missed two nights of sleeping, worked too hard and too long in glory, or slobbed for a time in utter laziness. I’ve lifted, pulled, chopped, climbed, made love with joy and taken my hangovers as a consequence, not as a punishment."
-- John Steinbeck
"Experience is one thing you can't get for nothing."
-- Oscar Wilde
"Waste no more time arguing about what a good man should be. Be one."
-- Marcus Aurelius
"Now I'm off to check out Drew's dick."
-- MadPick


Tue Mar 22, 2016 5:40 pm
Profile
Site Moderator
User avatar
Site Moderator

Location: Marysville
Joined: Thu Mar 22, 2012
Posts: 13502
Real Name: Mike
Benja455 wrote:
sinus211 wrote:
Massivedesign wrote:
I have never filed a schedule A with any of my stamps. Always filled them in afterwards.

+1 schedule A was blank when I efiled my form 1 SBR. ATF approved it without a hiccup.


Good for you guys - but the ATF should have rejected your trusts without proof that they had assets.



So if your trust isn't funded elsewhere on the document (like Madpick's and mine) then as a trust it's invalid, because it lacks assets. Correct? Then you write in $10 on the schedule A, but you can't transfer assets to an invalid trust. So unless your trust is funded in the wording of the trust you technically have an invalid trust. It's a circular argument that doesn't make any sense.

If that makes any sense.

_________________
Licensed/Bonded/Insured Hardwood Floor Installer/Finisher http://www.hardwoodfloorsnw.com/


Tue Mar 22, 2016 5:41 pm
Profile
Site Supporter
User avatar
Site Supporter

Location: Puyallup for now
Joined: Tue May 24, 2011
Posts: 2099
sinus211 wrote:
Benja455 wrote:
sinus211 wrote:
Massivedesign wrote:
I have never filed a schedule A with any of my stamps. Always filled them in afterwards.

+1 schedule A was blank when I efiled my form 1 SBR. ATF approved it without a hiccup.


Good for you guys - but the ATF should have rejected your trusts without proof that they had assets.



So if your trust isn't funded elsewhere on the document (like Madpick's and mine) then as a trust it's invalid, because it lacks assets. Correct? Then you write in $10 on the schedule A, but you can't transfer assets to an invalid trust. So unless your trust is funded in the wording of the trust you technically have an invalid trust. It's a circular argument that doesn't make any sense.

If that makes any sense.


Who said you cant transfer assets to a trust? You may not be able to have ATF approve transferring an NFA weapon to a legally flawed Trust/LLC/Corp, but as the Grantor can add assets at any time you see fit.

It's validated once it has assets, either listed in the Declaration or the Certification or listed on the Schedule A ( provided your Trust has a Sched A). If you have NOTHING on your schedule A or listed in the formation documents when you send in your Form1/Form4, technically it may not be valid.

Has that stopped ATF from approving them form ? Yes it has. Has it stopped all Trusts from filing Form1/Form4s ? Nope. Luck of the draw on how closely the legal documents examiner reads or cares. In theory the Trust paid for the item you're attempting to manufacture or transfer, which could be considered an asset not listed on the Schedule A. As a general rule, your Trust/Corp/LLC documents need to be valid for the stamp to be approved. They don't have to make sense in regard to distribution of benefits, or Corp governance (what exactly is your cat going to do with 3 suppressors and an SBR when you die? Why are your annual meetings 30 seconds long on Jan. 1st at 12:01AM? etc) , which seems to be a hangup for some folks.

Not all Trusts have a Schedule A, or Schedule B for that matter. It would depend entirely how the Trust is written, but as I understand it, a trust is required to hold some asset in Trust for the beneficiary. It can literally be ANYTHING. Why not just write something in it prior to submitting it for arbitrary scrutiny by the ATF?


Tue Mar 22, 2016 7:31 pm
Profile
Site Supporter
User avatar
Site Supporter

Location: White Center
Joined: Thu Mar 17, 2011
Posts: 6489
NWRed wrote:
Not all Trusts have a Schedule A, or Schedule B for that matter. It would depend entirely how the Trust is written, but as I understand it, a trust is required to hold some asset in Trust for the beneficiary. It can literally be ANYTHING. Why not just write something in it prior to submitting it for arbitrary scrutiny by the ATF?


This.

I understand that not all trusts will have a Schedule A or B or Exhibit 1, 2, 3 - or whatever...but the RCWs require your trust to have assets (listed somewhere in the trust) to be considered valid by state law and that is what the NFA examiners look for. Some of them are sloppy and miss it and some of them are careful and will reject you for it. Your choice.


Tue Mar 22, 2016 7:58 pm
Profile
Site Supporter
User avatar
Site Supporter

Location: Seattle, Bellevue, Kirkland, Everett, Lynnwood at various times
Joined: Sat Jun 21, 2014
Posts: 1668
My understanding was that you list your NFA assets as part of Schedule A, but don't have to put down the value of those items. Am I missing something? Every time I get something new, I add that to my Schedule A and use that the next time. I have never listed a dollar amount and haven't had a problem.

_________________
Life Member, Second Amendment Foundation
Benefactor, NRA


Tue Mar 22, 2016 8:44 pm
Profile
Display posts from previous:  Sort by  
Reply to topic   [ 18 posts ]  Go to page 1, 2  Next

Who is online

Users browsing this forum: No registered users and 33 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum



Rules WGO Chat Room Gear Rent Me NRA SAF CCKRBA
Calendar


Powered by phpBB® Forum Software © phpBB Group
Designed by ST Software for PTF.
[ Time : 0.603s | 16 Queries | GZIP : Off ]