How does the trust purchase a NFA firearm?

[asmo]

Have the trust get a bank account. Buy all NFA stuff with said account. Then there is never an issue.

Search around on this forum for other opinions. But in the end, if any entity other than the trust buys the item and then assigns it to the trust, then that entity has transferred the item. That could be problematic in some cases.

[SA Friday]

Have the trust get a bank account. Buy all NFA stuff with said account. Then there is never an issue.

Search around on this forum for other opinions. But in the end, if any entity other than the trust buys the item and then assigns it to the trust, then that entity has transferred the item. That could be problematic in some cases.

Sorry, but this isn't true. The Form 4 dictates the transfer, period. The check can be from a (the) trustee's bank account and there is no issue or problem or legal issue.

[jackthewall81]

Sorry, but this isn't true. The Form 4 dictates the transfer, period. The check can be from a (the) trustee's bank account and there is no issue or problem or legal issue.

So form 4's are acquired and filled through the company that the trustee purchases NFA products from? Or is the form 4 filled independently by the trustee individually?

[SA Friday]

So form 4's are acquired and filled through the company that the trustee purchases NFA products from? Or is the form 4 filled independently by the trustee individually?

Yes. The Form 4 is to transfer from a class III dealer to an individual/trust/LLC. The form is completed by the dealer and then signed by the dealer and the trustee of the trust. Once completed in duplicate, they are attached to a full copy of the trust and the item is added to the Schedule A and reflecting 'pending' as a status. A $200 check is done and the whole thing is mailed off. OR… You find someone who e-files. In that case the info is electronically filed, an electronic copy of the trust is attached, the trustee electronically signs and the $200 is done via credit card. The form 4 has to be done to transfer the item.

How difficult the process is for the customer really comes down to the dealer. Some make the customer feel like it's their problem. Well, it's really the dealers responsibility. I personally went through a pretty shitty initial endeavor into NFA items. I got very little guidance from the dealer, bad information in one instance, charged $50 for changing from an individual to a trust form 4 (ya, they charged me extra to do something required, assholes) and has to self educate to get everything done. I will not let that happen to anyone that I sell NFA items to. Some places sign the form 4 and hand it to you and "see ya!". I do your stuff, you sign and date the form 4s and fill out a check for the ATF if you want it mailed. I do the rest to include mail the package. If you want to e-file, then we e-file the form 4 right there with your credit card and I even scan in your trust.

[asmo]

Sorry, but this isn't true. The Form 4 dictates the transfer, period. The check can be from a (the) trustee's bank account and there is no issue or problem or legal issue.

We have been through this before. You and I have differing opinions. Since the ATF won't make a published ruling on the question - all we have are our opinions to go on.

[SA Friday]

We have been through this before. You and I have differing opinions. Since the ATF won't make a published ruling on the question - all we have are our opinions to go on.

you are giving bad info to newbies. I sell suppressors and SBR's weekly, lately daily. I've had one with a trust bank acct out of all of them. None kicked. Mine isn't from a position of opinion but of experience. Either will work, no need to go through the hoops.

[asmo]

I've had one with a trust bank acct out of all of them. None kicked.

No where have I ever said that they would be rejected - tens of thousands of people a year do it without issue. All I have said is that if an over-zealous/lacking-in-understanding agent/FP wanted to be a douche-bag, they could use that as a wedge. I see absolutely no reason to provide them with any such capability.

Mine isn't from a position of opinion but of experience. Either will work, no need to go through the hoops.

Its still opinion as there isn't an ATF declaration stating either way. When you go to SHOT and do the ATF University - and/or actually work in Martinsville/Clarksville and deal with new agents - and ask the question directly they cant give you an actual answer. For me setting up a bank account for the trust is a 10 minute ordeal - and, for me, gives me lots more piece of mind.

In the end do whatever you think is best after consulting an attorney and researching the question for yourself.