SENATE'S GUN CONTROL READING * LIVE

[brutal]

A solution may be to put all of your firearms in a Trust so that you and your husband have equal access.

Mike

Have not seen the text for myself but someone here on the floor said something to the effect it would not have to be transferred if it did not leave the home.

I still don't understand how this affects us if I am out of town for a week or more. I thought they specifically excluded trust "transfers." Someone help me understand how if my wife is already a trustee she cannot possess the guns? How adding my best friend of 22 years to my trust temporarily is not allowed? How would this affect beneficiary receipt of the guns if both my wife and I die?

(FWIW, I was distracted while writing and missed the last 20 posts before posting)

[Katastrophic]

Thanks for not taking me too seriously, I'm mostly thinking hypothetically. This one just gets to me since my husband travels for longer than 72 hours at a time and I would hate to become a criminal without meaning to. It's for the children, after all!

[MAP]

Thanks for not taking me too seriously, I'm mostly thinking hypothetically. This one just gets to me since my husband travels for longer than 72 hours at a time and I would hate to become a criminal without meaning to. It's for the children, after all!

A solution may be to put all of your firearms in a Trust so that you and your husband have equal access.

Mike

[XC700116]

A solution may be to put all of your firearms in a Trust so that you and your husband have equal access.

Mike

It needs to be done before it goes into effect, because the trust transfer is killed in an amendment to the bill.

[th3w01f]

It needs to be done before it goes into effect, because the trust transfer is killed in an amendment to the bill.

This looks like the trust portion. Does this mean that my 6 and 9 year olds will have to do background check when transferring firearms into the trust since they're the beneficiaries?

(b) AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES
17 OTHERWISE, "TRANSFEREE" MEANS A PERSON WHO DESIRES TO RECEIVE OR
18 ACQUIRE A FIREARM FROM A TRANSFEROR. IF A TRANSFEREE IS NOT A
19 NATURAL PERSON BUT A CORPORATION, ASSOCIATION, PARTNERSHIP, OR
20 LIMITED LIABILITY COMPANY OR TRUST, THE REQUIREMENT DESCRIBED IN
21 THIS SUBSECTION (1) SHALL BE INTERPRETED TO REQUIRE A BACKGROUND
22 CHECK OF EACH MEMBER, PARTNER, OFFICER, OR OTHER PERSON WHO
23 HOLDS A BENEFICIAL INTEREST IN THE CORPORATION, ASSOCIATION,
24 PARTNERSHIP, OR LIMITED LIABILITY COMPANY OR TRUST.

[XC700116]

This looks like the trust portion. Does this mean that my 6 and 9 year olds will have to do background check when transferring firearms into the trust since they're the beneficiaries?

(b) AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES
17 OTHERWISE, "TRANSFEREE" MEANS A PERSON WHO DESIRES TO RECEIVE OR
18 ACQUIRE A FIREARM FROM A TRANSFEROR. IF A TRANSFEREE IS NOT A
19 NATURAL PERSON BUT A CORPORATION, ASSOCIATION, PARTNERSHIP, OR
20 LIMITED LIABILITY COMPANY OR TRUST, THE REQUIREMENT DESCRIBED IN
21 THIS SUBSECTION (1) SHALL BE INTERPRETED TO REQUIRE A BACKGROUND
22 CHECK OF EACH MEMBER, PARTNER, OFFICER, OR OTHER PERSON WHO
23 HOLDS A BENEFICIAL INTEREST IN THE CORPORATION, ASSOCIATION,
24 PARTNERSHIP, OR LIMITED LIABILITY COMPANY OR TRUST.

Most likely since they are not old enough to own firearms, you can't even buy them with the trust until they are old enough, because yes, the way the text of the bill is written, they'd need a BGC and Fed/CBI will deny them due to age.

[MAP]

It needs to be done before it goes into effect, because the trust transfer is killed in an amendment to the bill.

True.

[ChrisC]

If you are an FFL as a sole proprietor then you do not have to do a background check to transfer a gun to yourself. If the FFL is an LLC, Corp, etc.. then you have to do a background check to transfer a firearm from your inventory to your personal collection. I just recently had this discussion with the BATFE when having my FFL interview with the IOI.

[lowbeyond]

nope

(b) AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES
17 OTHERWISE, "TRANSFEREE" MEANS A PERSON WHO DESIRES TO RECEIVE OR
18 ACQUIRE A FIREARM FROM A TRANSFEROR. IF A TRANSFEREE IS NOT A
19 NATURAL PERSON BUT A CORPORATION, ASSOCIATION, PARTNERSHIP, OR
20 LIMITED LIABILITY COMPANY OR TRUST, THE REQUIREMENT DESCRIBED IN
21 THIS SUBSECTION (1) SHALL BE INTERPRETED TO REQUIRE A BACKGROUND
22 CHECK OF EACH MEMBER, PARTNER, OFFICER, OR OTHER PERSON WHO
23 HOLDS A BENEFICIAL INTEREST IN THE CORPORATION, ASSOCIATION,
24 PARTNERSHIP, OR LIMITED LIABILITY COMPANY OR TRUST.

[XC700116]

nope

(b) AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES
17 OTHERWISE, "TRANSFEREE" MEANS A PERSON WHO DESIRES TO RECEIVE OR
18 ACQUIRE A FIREARM FROM A TRANSFEROR. IF A TRANSFEREE IS NOT A
19 NATURAL PERSON BUT A CORPORATION, ASSOCIATION, PARTNERSHIP, OR
20 LIMITED LIABILITY COMPANY OR TRUST, THE REQUIREMENT DESCRIBED IN
21 THIS SUBSECTION (1) SHALL BE INTERPRETED TO REQUIRE A BACKGROUND
22 CHECK OF EACH MEMBER, PARTNER, OFFICER, OR OTHER PERSON WHO
23 HOLDS A BENEFICIAL INTEREST IN THE CORPORATION, ASSOCIATION,
24 PARTNERSHIP, OR LIMITED LIABILITY COMPANY OR TRUST.

Reading the text of that, I would say that anything the trust holds before the law goes into effect is grandfathered. IE GET IT DONE NOW!!

I would also venture to guess that as long as the item/firearms stays in the trust, an added trustee would not have to have BGC's for each and every item. Because they are added to the trust, not an item added to the trust.