NFA Gun Trust
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Thread: NFA Gun Trust

  1. #1

    NFA Gun Trust

    I thought I would share my experience in setting up a NFA Gun Trust with the forum.

    I contacted the Apple Law Firm in Jacksonville, FL via their web site. I receive an email from them the following day with some preliminary information and a brochure on what a Gun Trust is and is not. I was encouraged to call the firm for a consultation and did just that. I left a message for a return phone call and was contacted in a few hours by Jennifer who answered all my questions. I was told that they would do the preliminary paperwork and send it to a lawyer in my state (Washington) who would make amendments to meet state laws. I signed up immediately and paid the $600 by credit card. A few days later I received the Trust paperwork, amendments and instructions on finalizing the trust and how to use it by email. The final paperwork came from the Mark Knapp an attorney in Washington that specializes in firearms law. I had some questions and called him by phone. We ended up talking about firearms, ranges, shooting and guns laws for over 45 minutes - very impressed with him and he's been added to my Pearl Harbor contact file when things go bad. All I needed to do was get some witnesses together, find a notary, open a bank account and its done.

    All in all a very easy process and now those NFA items I purchase will go to the trust and eventually into the hands of my son when I pass on.

    If you can afford it, the process is very painless and easy, I would recommend it.

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  3. #2
    Join Date
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    Why have a middleman when you can just make a will indicating that you want your guns and whatever else you want to give your son to go to him when you die? I have one, my husband have one and we are happy with it.
    "Don't let the door hit ya where the dawg shudda bit ya!"
    G'day and Glock
    GATEWAY SWIFT WING ST. LOUIS

  4. #3
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    Quote Originally Posted by Tucker's Mom View Post
    Why have a middleman when you can just make a will indicating that you want your guns and whatever else you want to give your son to go to him when you die? I have one, my husband have one and we are happy with it.
    I know, seems like a no brainer but having said that I wonder what the primary diff is between willing and entrusting? OK, google, here I come!
    1)"When injustice becomes law, resistance becomes duty." -Thomas Jefferson.
    2)"Imagine how gun control might be stomped if GOA or SAF had the (compromising) NRA's 4 million members!" -Me. http://jpfo.org/filegen-n-z/nraletter.htm

  5. #4
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    Quote Originally Posted by Tucker's Mom View Post
    Why have a middleman when you can just make a will indicating that you want your guns and whatever else you want to give your son to go to him when you die? I have one, my husband have one and we are happy with it.
    Trusts in general do not go through probate, as I understand. If your estate is worth more than a certain value, as determined by your state law, your will must be probated (proven before a judge) before any bequests are honored.

    I am not familiar with NFA gun trusts, so there might be additional considerations.

  6. #5
    Join Date
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    Quote Originally Posted by tuts40 View Post
    I know, seems like a no brainer but having said that I wonder what the primary diff is between willing and entrusting? OK, google, here I come!
    I am just very careful about "trusts" or "entrusting" someone to distribute YOUR property so your relative can get it when a simple Will will do. It is not my experience but the experience of a friend of ours way in Reno.

    He has a sister. Just the two of them siblings in their family. Unbeknownst to them, their father entrusted his then church to take care of distributing his property after he died and also a property in Kommiefornicate. Daddy died 4 years ago. All Daddy's properties should have been given to the two siblings. Apparently not. The church decides because it has the power of attorney. Estate properties had gone down. The church still claims they haven't decided when, if the property is to be sold and the money distributed. It doesn't matter to our friend much because he is not really "in need". You do not know what will happen to your estate when you die if you entrust it to someone else other than people close to you. Just my thoughts...because of our friend's experience we decided to just have a Will each instead. Safer and it is our money, not someone else's to distribute and get a cut from.

    So much better is a living Will.
    "Don't let the door hit ya where the dawg shudda bit ya!"
    G'day and Glock
    GATEWAY SWIFT WING ST. LOUIS

  7. #6
    Join Date
    Jan 2008
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    NFA items are generally required to be registered to an individual. With a NFA trust, the items are registered to the trust. This way, whoever is on the trust will be legally able to possess and use the registered NFA items. This also simplifies matters when one party on the trust passes, as the trust will continue as long as the trustees are alive and well.

    Under the conventional ownership structure, father goes through the process and acquires a bunch of NFA items. Father passes, and has the items willed to his son. The son would then need to go through the qualification process to become licensed to take ownership of the NFA items. This may also include having to get another tax stamp from the Federal Government for each NFA item. The process could take several months.

    What a NFA trust does is simplify ownership and facilitate transfer when the need arises.
    "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Chief RSO, Pistol, Rifle, Shotgun, Muzzleloading Rifle, Muzzleloading Shotgun, and Home Firearm Safety Training Counselor

  8. #7
    Quote Originally Posted by Glock Fan View Post
    NFA items are generally required to be registered to an individual. With a NFA trust, the items are registered to the trust. This way, whoever is on the trust will be legally able to possess and use the registered NFA items. This also simplifies matters when one party on the trust passes, as the trust will continue as long as the trustees are alive and well.

    Under the conventional ownership structure, father goes through the process and acquires a bunch of NFA items. Father passes, and has the items willed to his son. The son would then need to go through the qualification process to become licensed to take ownership of the NFA items. This may also include having to get another tax stamp from the Federal Government for each NFA item. The process could take several months.

    What a NFA trust does is simplify ownership and facilitate transfer when the need arises.
    It can also be easier to get NFA equipment. A person has to get the application signed off by the Chief of Police or a designee. That could add a lot of time to your application if your lucky. If you are unlucky to live in a jurisdiction where the police refuse to sign off on the NFA, then you can't get an NFA item. Trusts don't require the local police to sign off on NFA equipment.

  9. #8
    Glock Fan and 442js nailed it right on the head. The NFA Trust makes it easier to acquire and transfer on the death of the trustee.

  10. #9
    Are those listed in the trust cleared thru the BATF? Some issues could come up not sure what. Any special considerations that need to be taken into account?
    The Only Easy Day Was Yesterday

  11. #10
    Quote Originally Posted by Seeya View Post
    Are those listed in the trust cleared thru the BATF? Some issues could come up not sure what. Any special considerations that need to be taken into account?
    You cannot have anyone on the trust that is prohibited from purchasing or owning a weapon. BATF does not approve the trustees.

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