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View Full Version : Trust Transfers & the New Background Check Law



Eric P
09-13-2013, 16:39
So I just setup a trust for the purpose of purchasing suppressors since Douglas Co sheriff will not sign of on NFA items. I also intend to build a SBR.

I went to a local Class 3 dealer to transfer a non-NFA receiver from me to the trust so I could start the process of getting the SBR tax stamp...

The CBI would not/could not do the background check since the firearm was being transferred from me to me. They would not/could not do the check since the feds don't require background checks for this type of transfer. The CBI said they need to check with the Attorney General before proceeding.

Has anyone tried doing this since the new law was enacted? If so where did you have it done?


Thanks

I know, I know, should of done it before July 1...

muddywings
09-13-2013, 16:53
yup, just did the same thing at my FFL. I transferred my lower from me, to myself as trustee of my trust. FFL just did the transfer under my name then I filled out a receipt that my lawyer did for me that I, muddywings am accepting AR15 lower S/N 12345 as Settler and Trustee of muddywings trust.
I paid the $35 bucks, had them print out the CBI report, I filed it with my trust and added the lower to my schedule A.

Great-Kazoo
09-13-2013, 18:03
You can give yourself a gift. FWIW: next time purchase it and put next to your name TRUSTEE. That will really throw CBI.

Eric P
09-13-2013, 18:50
You can give yourself a gift. FWIW: next time purchase it and put next to your name TRUSTEE. That will really throw CBI.

The lowers were purchased 9 months ago before I even considered a SBR.

Everyone else I talked to, even the trust lawyer says I must have a background check to transfer these to the trust.

Great-Kazoo
09-13-2013, 18:54
The lowers were purchased 9 months ago before I even considered a SBR.

Everyone else I talked to, even the trust lawyer says I must have a background check to transfer these to the trust.

ah ha. mine was done long time ago, in gun years. Guy i "talked with" at CBI said to include the trustee / executor what ever "we" call our self.

Squeeze
09-13-2013, 18:57
Leave it up to the .gov to screw up a perfectly good process. Sure, wait times sucked and the still will suck..only now we have to find a way around having to talk to a Sheriff about signing off on a Form-4. Not sure I want to even bother getting the trust done now for my SBR.

Circuits
09-13-2013, 21:45
CBI doesn't record any "from" field, which means the FFL was for some reason getting chatty on the phone instead of just submitting the transfer electronically?

The transfer should go through like any other private party transfer, and CBI won't know or care if your FFL doesn't call it in and say something stupid.

Eric P
09-13-2013, 22:13
Thanks all. I think he was trying to make sure he was doing it correctly since he hadn't done a transfer from an individual to a trust owned by the same person since the new laws.

10mm-man
09-13-2013, 23:51
So I just setup a trust for the purpose of purchasing suppressors since Douglas Co sheriff will not sign of on NFA items. I also intend to build a SBR.

I went to a local Class 3 dealer to transfer a non-NFA receiver from me to the trust so I could start the process of getting the SBR tax stamp...

The CBI would not/could not do the background check since the firearm was being transferred from me to me. They would not/could not do the check since the feds don't require background checks for this type of transfer. The CBI said they need to check with the Attorney General before proceeding.

Has anyone tried doing this since the new law was enacted? If so where did you have it done?


Thanks

I know, I know, should of done it before July 1...

Realy? I don't see an issue with it. Maybe I am missing something here.

10mm-man
09-13-2013, 23:53
CBI doesn't record any "from" field, which means the FFL was for some reason getting chatty on the phone instead of just submitting the transfer electronically?

The transfer should go through like any other private party transfer, and CBI won't know or care if your FFL doesn't call it in and say something stupid.


This^^^^ Just come see me.. Should have brought it the other day when you came by.