FFL or maybe LEO storage of firearms?

[DavieD55]

Another vote for storing them with family or friend.

[Great-Kazoo]

If the OP has a RO , even a temp. IMO that's still going to jam him up when he does a 4473, to get them back. He should rent out space in someone's storage unit. ANYPLACE that's not in his name.

That's after he talks to an attorney well versed in gun law.

[Wulf202]

Also you might consider removing the sbr from nfa and then file a form 1 when this is all over. An extra $200 but it may remove some complications

[SA Friday]

I'm not an attorney. This isn't legal advise.

Is the SBR in a trust? If so, you need to assign a new co-trustee to the trust and relinquish possession of the SBR to the co-trustee so they can do an affidavit or testify to possession of the item. All other firearms can be handled one of two ways, associated to the trust and relinquished to the co-trustee, OR complete a transfer of all firearms to someone via 4473 showing proof of state legal transfer. The courts probably aren't going to want to hear, "I put them in a storage unit." You still have unfettered access. There is no way I would just turn them over to a family member without a 4473 for some other paperwork short of assigning them as a co-trustee.

Run all this by your attorney, but I'm fairly certain no access to the firearms will be necessary to meet the courts requirements. If the SBR is not in a trust, I have no idea what to do with it.

Huge reason to have a law firm backed gun trust.

[al_g]

I'm not an attorney. This isn't legal advise.

Is the SBR in a trust? If so, you need to assign a new co-trustee to the trust and relinquish possession of the SBR to the co-trustee so they can do an affidavit or testify to possession of the item. All other firearms can be handled one of two ways, associated to the trust and relinquished to the co-trustee, OR complete a transfer of all firearms to someone via 4473 showing proof of state legal transfer. The courts probably aren't going to want to hear, "I put them in a storage unit." You still have unfettered access. There is no way I would just turn them over to a family member without a 4473 for some other paperwork short of assigning them as a co-trustee.

Run all this by your attorney, but I'm fairly certain no access to the firearms will be necessary to meet the courts requirements. If the SBR is not in a trust, I have no idea what to do with it.

Huge reason to have a law firm backed gun trust.

Nothing is in a trust, going to be one of the things I ask about in a few minutes. Turns out that Kyle at O'Mallely law office has at least one good mention here, so I should get good advice on what to do.

I suspect you are right about needed to be secured storage until this temp order is dealt with.

[SAnd]

You need to check the regulations and laws concerning SBRs. You can make a SBR into a non-SBR and back again as often as you want. The SBR AR is no longer an SBR if you take the short barreled upper off it. Later when everything is settled you can put the Short upper on it and it becomes a SBR again.

https://www.atf.gov/firearms/qa/may-...urposes-intent
"May the short barrel on an SBR or SBS be replaced with a long barrel for hunting or other purposes, with the intent of replacing the short barrel?
Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm’s configuration is permanently changed or removed from the purview of the NFA.
Last Reviewed February 17, 2016"

[Martinjmpr]

I would also beware of doing any undocumented transfer - she might try to "get you" for violating CO's new transfer law. The only family exception I'm aware of is either a "bona fide gift or loan" or via will or intestate succession. (CRS 18-12-112 paragraph 6 (b) and (c) )

I doubt that turning your firearms over to a family member to hold onto temporarily would be considered a 'bona fide gift' so you would have to find a way to construe it as a "loan." Consult your firearms attorney. Otherwise you'd have to do a 4473 on each firearm.

I can understand why a law enforcement agency would be unwilling to do this. The potential for liability on their part is enormous. Hell, read some of the stuff on LE agencies (Fed, State and local) who have enough trouble keeping track of their OWN firearms, the last thing in the world I'd do is trust them with mine.

[spqrzilla]

The bottom line is that the OP should only follow his attorney's advice on this matter.

[al_g]

Talked to Kyle, very knowledgeable guy and we could bash gun banning politicians for hours together. He gave me legal recommendations to comply with the law.


I haven't been active here in years or made any of the range days in a long time but I really appreciate the community. Got lots of good suggestions and advice along with multiple PM's of offers and suggestions.

[fportmen45]

I'd delete this post.