NFA trusts and the magazine ban

[O2HeN2]

I currently have a question into the lawyer that created my NFA trust (Usiak) asking: If the currently proposed magazine ban becomes law, would placing my magazines into the trust allow them to be be possessed and passed down to others?

Seems to me if it works for NFA items, it'll work for magazines in the same way!

For those of you that have NFA trusts from other lawyers, may I please request that you ask them the same question and post their responses here?

O2

[car-15]

http://www.ar-15.co/threads/89017-No...ight=nfa+trust

[Great-Kazoo]

The law prohibits (when passed) more then 15 round mags that were mfg after the date of law enacted. Mags prior to that (unless otherwise noted in the law) are not under said restrictions and i would suggest said LE call his supervisor to clarify. Based on past experiences with LE until they are educated in wording of a law really have no clue, especially on NFA items. Completely lost.

[Neutron]

I would think that the answer would be NO. If something is banned that means just that, Banned. Can't have class III stuff in California on a trust or other wise because the state will not allow them to civilians. Just a thought. I could be wrong.

[Great-Kazoo]

I would think that the answer would be NO. If something is banned that means just that, Banned. Can't have class III stuff in California on a trust or other wise because the state will not allow them to civilians. Just a thought. I could be wrong.

Banned from future purchase, transfer, or sale. UNLESS you tell them what you or a household member has, they have no idea. You providing the local LE with a list? Remember this is a state not federal law. 98% of sheriffs in CO said they will not enforce any new gun laws.

[ChunkyMonkey]

I would think that the answer would be NO. If something is banned that means just that, Banned. Can't have class III stuff in California on a trust or other wise because the state will not allow them to civilians. Just a thought. I could be wrong.

Yes you are wrong, anyway where about in Ouray? I used have a vac rental on 5th and main.

[Neutron]

Yes you are wrong, anyway where about in Ouray? I used have a vac rental on 5th and main.

Indeed. I didn't read the wording of the bill. I just saw the word ban and went with it. A trust would do little if the mag ban was an out right ban. Other wise one could have NFA items in states that don't allow them. I live by the school.

[NFATrustGuy]

Once again Jim is on the money. It wil depend on the exact wording of the final law if/when it passes. Further, it will depend on how 'transfer' is defined. If an item is owned by a trust, multiple people can use and/or benefit from the item while the Trust still OWNS the item. From a legal standpoint, there is NO TRANSFER. If, however, the politicians specifically target trusts with language preventing multiple beneficiaries and/or multiple trustees, then having the items in a trust won't help. They could also get very specific with limitations as to possessing the newly-restricted item which could also be problematic for items held in a trust.

Also as Jim alluded to above, law enforcement will have a difficult time figuring out who owned what and when unless the politicians also include some sort of registration system for mags... Which would also be darned near impossible given that many (most?) mags don't have serial numbers for identification. I'm hoping the idiots in control of our state legislature don't address all these issues so that the dumbass (that's an official legal term, btw) proposed legislation is effectively worthless and unenforceable.

As I've said to many of my clients who've asked, it's darned near impossible to use logic to predict the outcome of this pending legislation when those who are promoting the legislation are concerned with emotion and symbolism to the complete exclusion of logical thought.

I have a less politically-correct version of the last sentence, but I hate to offend mentally retarded people by comparing them to politicians.

RWW

[The Rat]

Bumping this for relevance. I have a trust and am hoping for some clarification on this as well.

[brutal]

I'm sure Rodney is getting hammered from clients. I'll lay low or a few days and wait to see if he sends out a mailing letting us know what our options are.

My biggest concern with a new trust and a yet to be purchased NFA item is: When is the item considered in the trust? When purchased, when BATF cashes the check, when received after a BGC by the selling dealer?

If it's protected, I'd like to put as much as possible in the trust so my wife has ownership prior to this stupid fucked up law getting signed in.