Advice on a Title II/NFA Trust

[iamhunter]

Alright guys, so I've been toying around with the idea of setting up a trust for the purpose of purchasing and maintaining Title II weapons/accessories.

From what I understand, all I need to do is set up the trust (luckily I have an attorney friend who specializes in trusts), go down to the nearest class III dealer, "purchase" the item, get the required paper work, send in said paperwork to the BATFE with the required $200 tax, wait for the tax stamp to come back, and pick up my item.

Anyone have any first hand experience with this?

Does the firearm have to remain at a given location, or can I move it around with me (within state lines)?

Any info would be appreciated, the entire process is somewhat intimidating.

[Great-Kazoo]

until you get your approval it stays at the dealers. once you get the stamp you can take a suppressor anywhere (it is legal) in the states. A NFA firearm must have prior ATF approval before crossing state lines.

[iamhunter]

until you get your approval it stays at the dealers. once you get the stamp you can take a suppressor anywhere (it is legal) in the states. A NFA firearm must have prior ATF approval before crossing state lines.


And how does the transport of an NFA firearm work?

I get ATF approval, and then is that for a one time move, forever, or what?

[Circuits]

You file a Form 5320.20. It's good for the period specified on it when you file it, maximum of one year - so "April 1, 2010" through "March 31, 2011".

The .20 has to state where, in general, you will be transporting the items - e.g. "various ranges in Texas and Oklahoma for shooting competitions"

It can't be a catch-all, but can be pretty broad. I belive you can file multiple .20's for different locations, even if the times overlap.

[sniper7]

for interstate travel of NFA there is a form you have to send in that gets approval from the ATF, you have to list locations and the timeframe the NFA items will be gone for.
If you move you can use the form to show a new address the NFA items will be located at.

[sniper7]

You file a Form 5320.20. It's good for the period specified on it when you file it, maximum of one year - so "April 1, 2010" through "March 31, 2011".

The .20 has to state where, in general, you will be transporting the items - e.g. "various ranges in Texas and Oklahoma for shooting competitions"

It can't be a catch-all, but can be pretty broad. I belive you can file multiple .20's for different locations, even if the times overlap.


what about the box that asks if the item will be returned to original location? I thought that was there for moves? (the 1 year timeline wouldn't apply)

[mrfish83]

With respect to transporting an NFA item, are there different laws that would apply for intrastate (within) travel since the item is NFA. Colorado for example. That is, do you have to comply with federal laws (locked container, ammo separate, etc), or would it be like any other firearm in a vehicle in Colorado?

[Circuits]

what about the box that asks if the item will be returned to original location? I thought that was there for moves? (the 1 year timeline wouldn't apply)

correct, time period doesn't apply for permanent moves

[M2MG]

Cans don't require a ",20" to be filed (but it doesn't hurt either) before you move the item across state lines, however, it must be legal in the state you're going to for you to have a can.

M2MG

[sniper7]

Cans don't require a ",20" to be filed (but it doesn't hurt either) before you move the item across state lines, however, it must be legal in the state you're going to for you to have a can.

M2MG


I am going to have to see some kind of link or ATF letter to believe this.

[BigBear]

You don't need a link! How do you think all the assassins do it?! lol j/k

[MadRabbit]

Not enough time to root through the BATFE site for it, but here it is off a suppressor manufacturer's website. FWIW...

http://www.sas-llc.us/faq.php

[sniper7]

not sure if I trust 1 random page on the internet to losing my gun rights, on top of getting ass raped in prison.
I will file the forms if I ever need to. My dealer told me it needs to be done, him and his buddies do a suppressor hog hunt almost yearly and fill out the forms.
Until i see something for the ATF themselves that says "you do not have to fill out 5220.20 for suppressors" then I think people need to do it...I know I will

[Irving]

I've heard that as well. Suppressors are legal in Washington, but you can't shoot them there. So people buy them, then drive down to Oregon and shoot them there. I'm pretty sure that they don't have to fill out the form each time.

[sniper7]

you can fill out a form and say you will be traveling back and forth between states for up to a year. i have heard of that but never heard of not filling a form out

[Great-Kazoo]

i have contacted the feds 2x once to inquire about treanspoting a suppressor across state lines and the second time to get someone else there to confirm or deny. agent # 2 told me the same thing as #1 Unless it is a firearm (SBR, Select fire, AOW) you're good to go.

[sniper7]

i have contacted the feds 2x once to inquire about treanspoting a suppressor across state lines and the second time to get someone else there to confirm or deny. agent # 2 told me the same thing as #1 Unless it is a firearm (SBR, Select fire, AOW) you're good to go.


thanks Jim, this I know i can trust! i don't plan on going anywhere any time soon but that is nice to now!

[Akyla]

Alright guys, so I've been toying around with the idea of setting up a trust for the purpose of purchasing and maintaining Title II weapons/accessories.

From what I understand, all I need to do is set up the trust (luckily I have an attorney friend who specializes in trusts), go down to the nearest class III dealer, "purchase" the item, get the required paper work, send in said paperwork to the BATFE with the required $200 tax, wait for the tax stamp to come back, and pick up my item.

Anyone have any first hand experience with this?

Does the firearm have to remain at a given location, or can I move it around with me (within state lines)?

Any info would be appreciated, the entire process is somewhat intimidating.

I have also been planning to set one up. Has your attorney friend had any experience with NFA trusts before? I understand its a typical living trust, but I know a lot of people put NFA specific language in the trust document. Could you perhaps PM me his info? Thanks.