Trusts and FFL transfers

[kidicarus13]

If a private party wants to sell me a pistol... and I have a trust and am a trustee... can a transfer be made without going through a FFL for a background check or how does that work?

[SideShow Bob]

If you are buying it for personal use, yes a BGC is needed.
If your trust is buying it, ask your trust attorney.

[asmo]

As trustee for the trust you will need to do the BGC -- as well as all the other trustees on the trust.

Make sure you do an acquisition statement for the FFL saying that it is for the trust..

4473 Section A, Question 1:


When the buyer of a firearm is a corporation, company, association, partnership, or other such business entity, an officer authorized to act on behalf of the business must complete Section A of the form with his or her personal information, sign Section A, and attach a written statement, executed under penalties of perjury stating: (A) the firearm is being acquired for the use of and will be the property of that business entity and (B) the name and address of that business entity

[kidicarus13]

As trustee for the trust you will need to do the BGC -- as well as all the other trustees on the trust.

Make sure you do an acquisition statement for the FFL saying that it is for the trust..

4473 Section A, Question 1:

Thanks

[sako55]

To throw in another question. What if the lower is already purchased and is going to be put into a NFA trust. Do I need to transfer it through an FFL to put it into a trust?

[Great-Kazoo]

To throw in another question. What if the lower is already purchased and is going to be put into a NFA trust. Do I need to transfer it through an FFL to put it into a trust?

Any Legal question should be addressed to your Attorney, and or posted in the NFA section. Asking the GD section an "Opinion" when you paid an attorney to set up your trust, is counter productive.

[R&S]

remember advice is worth what you pay for it

[sniper7]

Im not an attorney but will still take money for my advice!

[sako55]

Yes this. Didn't say I would take as the word. Thanks for the great advice Jim.

[Circuits]

To throw in another question. What if the lower is already purchased and is going to be put into a NFA trust. Do I need to transfer it through an FFL to put it into a trust?

When a firearm changes legal ownership, state and federal laws must be followed.

In Colorado, as of July 1, placing a non-NFA firearm into a trust requires a 4473 to be filled out, and a background check to be completed, per Colorado state law.

If the only firearm involved in such a transaction is an NFA firearm, the transaction is exempt from a background check under federal regulations - just fill out 4473 but don't have to call for NICS approval, but the application of Colorado state law to such moves is still unclear. Colorado law has added a federal private-party background check requirement to firearms transactions which previously required no federal background check. The only exemption in the Colorado state law is for transactions to or between FFLs, or between immediate family members, or for firearms which are antiques or classified as curios and relics.