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  1. #31
    Machine Gunner Lurch's Avatar
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    Another question about all this. When if ever would you be asked if you had done a background check on a weapon? The only time I can see this arising would be if you have committed a crime with the weapon. If you are pulled over by the police and asked about your weapons can they look and see if you have performed a background check or would they have to arrest you, confiscate your weapons and do an investigation?

    Also I have heard that the NFA trust thing will not be grandfathered and you will have a certain amount of time to send the ATF, fingerprints and LEO sign off. This is the real problem with the new NFA law, a lot of people live in counties that won't sign off so potentially a bunch of people may have to sell off their toys or relocate.
    Last edited by Lurch; 09-30-2013 at 14:42.

  2. #32
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    I built two SBRs without transferring the lowers to the trust first. I didn't have any complaints from the ATF. But then again they're not masters of consistency.
    Keep Calm and Carry.

  3. #33
    The "Godfather" of COAR Great-Kazoo's Avatar
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    Quote Originally Posted by Lurch View Post
    Another question about all this. When if ever would you be asked if you had done a background check on a weapon? The only time I can see this arising would be if you have committed a crime with the weapon. If you are pulled over by the police and asked about your weapons can they look and see if you have performed a background check or would they have to arrest you, confiscate your weapons and do an investigation?

    Also I have heard that the NFA trust thing will not be grandfathered and you will have a certain amount of time to send the ATF, fingerprints and LEO sign off. This is the real problem with the new NFA law, a lot of people live in counties that won't sign off so potentially a bunch of people may have to sell off their toys or relocate.
    #1- NEVER CONSENT TO SEARCH OF VEHICLE

    # 2- NEVER UNLESS INVOLVED IN A SELF DEFENSE SCENARIO. HAND OVER A FIREARM.

    # 3 - The NFA thing refers to informing the local CLEO you have an NFA item / getting a signature. Stop worrying about that. You will need to include finger print cards and pictures when th e"new safer NFA" updated requirements take effect.

    # 4 - DADT.
    The Great Kazoo's Feedback

    "when you're happy you enjoy the melody but, when you're broken you understand the lyrics".

  4. #34
    Machine Gunner Lurch's Avatar
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    #1,2,4 are not a problem.

    But I was under the impression that you will have to have a CLEO sign off on all trust not just finger prints and pictures.

  5. #35
    Machine Gunner SAnd's Avatar
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    Quote Originally Posted by Lurch View Post
    #1,2,4 are not a problem.

    But I was under the impression that you will have to have a CLEO sign off on all trust not just finger prints and pictures.
    The way I read the proposed rule concerning Legal Entities (Trust, LLC & etc.) is that it only applies to Form 4 transfers and new making and registration of NFA firearms. It does require a CLEO sign off for Legal Entitiess like is required by individuals. The proposal does not address existing Trust owned NFA firearms. I am not an expert on Bureaucrat or Legal speak though.

    Here is a link to the proposal. We have until December 9 to comment on it.
    https://www.federalregister.gov/arti...or-responsible

    This was briefly discussed in a previous threat-
    https://www.ar-15.co/threads/113751-...bly-going-away
    Last edited by SAnd; 09-30-2013 at 19:15. Reason: added ealier thread link
    Making good people helpless won't make bad people harmless.

  6. #36
    Machine Gunner muddywings's Avatar
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    concerning co-trustee's-
    I transferred a stripped lower to my trust via my local FFL and put it on my schedule A. I also asked about doing BGC when adding co-trustees and was advised by my FFL (head honcho came out and we BSed for a bit) that he couldn't just do a BGC without a weapon. So I transferred the lower from me, to my trust via me as Trustee-so that works. But if I wanted another BGC on a new co-trustee, then he would have to transfer the lower out of the trust to the new trustee, then back in via another co-trustee but he recommended not to do that. We jokingly discussed playing musical firearms with various co-trustees putting something in, then out, then in then out....totally hurt my head so I said, 'ok, well maybe by the time I get my stamp, we'll have this crap repealed.' I figured I could figure it out at a later time since my sbr stamp just went in.
    Right now I don't think either my lawyer or my FFL are wrong, it's just that nobody really knows.
    "The thing about quotes on the internet is that you cannot confirm their validity." -Abraham Lincoln

  7. #37
    A FUN TITLE asmo's Avatar
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    Quote Originally Posted by muddywings View Post
    Right now I don't think either my lawyer or my FFL are wrong, it's just that nobody really knows.
    ATF and CBI came out with guidance on how to do this. The FFL does not need to transfer the item to the his book before doing a BCG. They should run separate BCGs for each named co-trustee according to the law (and charge you appropriately).

    Also - for those of you that are buying an NFA item out of your own pocket book and then transferring it to the trust when you get your paperwork back from the .gov -- without submitting another form 4 -- are committing felonies in many peoples eyes. You have just transferred an NFA item without informing the ATF and paying the $200 (again).

    The simplest - easiest - and best way to buy NFA toys is to get a bank account in the name of the trust. Then buy all the NFA stuff via this bank account and pay for the tax stamp with this account. Then the trust has always owned it and there is no question if there was a transfer after the fact.
    Last edited by asmo; 10-01-2013 at 09:45.
    What is my joy if all hands, even the unclean, can reach into it? What is my wisdom, if even the fools can dictate to me? What is my freedom, if all creatures, even the botched and impotent, are my masters? What is my life, if I am but to bow, to agree and to obey?
    -- Ayn Rand, Anthem (Chapter 11)

  8. #38
    Varmiteer NFATrustGuy's Avatar
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    There is no need for a separate bank account for the Trust. As long as the ATF application is in the name of the Trust you are fine.
    No longer accepting new Trust clients. Pretty much out of the law business completely.

  9. #39
    Machine Gunner muddywings's Avatar
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    Quote Originally Posted by asmo View Post
    ATF and CBI came out with guidance on how to do this. The FFL does not need to transfer the item to the his book before doing a BCG. They should run separate BCGs for each named co-trustee according to the law (and charge you appropriately).

    I'll have to try another FFL then to add the co-trustees. Any C-Springs recommendations?
    "The thing about quotes on the internet is that you cannot confirm their validity." -Abraham Lincoln

  10. #40
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    Quote Originally Posted by asmo View Post
    ATF and CBI came out with guidance on how to do this. Also - for those of you that are buying an NFA item out of your own pocket book and then transferring it to the trust when you get your paperwork back from the .gov -- without submitting another form 4 -- are committing felonies in many peoples eyes. You have just transferred an NFA item without informing the ATF and paying the $200 (again).

    Where is this citing? This is completely crazy! So with all this back and forth I am really unsure exactly what needs to happen now... My form 1 has the applicant in 3b as my trust name and the name and signature in block 7 is my own with "last, first middle, Trustee" in the title. The check was cashed so my paperwork is running. I did a BGC when I purchased the stripped lower so am I reading that I will have to do it AGAIN once I get an approved Form 1 stamp back?

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