Help! In process of filing/making my own Gun trust, w/o help of lawyer


*I reposted my thread from a different account, onto here- forgot my pw to this account for a minute...

Hi -

I am currently in the process of taking it upon myself to create and file a Gun Trust- after reading a bunch of templates- I purchased a template sold by a company that had a lot of knowledge on NFA items (first and foremost, a suppressor- and secondly, SBR & SBS). I listed myself as the GRANTOR and sole TRUSTEE, and listed my two boys (currently toddlers), my father, and my boyfriend (LEO)- as the beneficiaries.

I read the other threads regarding NFA/Gun trust- that explained very well- the benefits of having a gun trust- and i wanted to add one more AWESOME perk- (if i overlooked it in the other threads, i apologize for reiterating). And its this:

for you all who know about that tedious long 7-10 month wait for receiving your tax stamp/atf approval paperwork- that allows you to pickup your NFA item from your Class III guy- you are able to do a little time travel- and change that waiting time down to 3-4 months. Yes- i said it. 3-4 months. For those who have a gun trust (or register thru a corp/LLC)- you're allowed to make a e-filing account with the ATF- you name your e-filing account- whatever name it is that you named your Trust- and then you scan and upload your documents (FORM 4 - in my case). And again- you don't need any CLEO signatures at the Sheriff's dept, no need to visit the police dept & do fingerprinting- and no need to stop in at walgreens and get those 2x2 passport pics. And there you go!!

BTW- one of the things you must do is notarize the document. For those who are doing this without an lawyer- i would like to remind you that a lot of banks offer FREE notary service to their customers. Bank Of America is one of them. Show them your debit card as proof that you are a customer- and the notary on site will handle the rest.

And with all that- I do have two questions-
1) Who do i bring for a witness, when i go notarize my signature.- and must it be someone on the trust- i.e. one of the beneficiaries- or does it only need to be someone who personally knows me. My template calls for two such witnesses- but I read another thread on here- where a difference experience was accounted.

2) Which court do i go to file this after i notarize? Do I go to the probate court?
 

JSTEINER93

New member
And with all that- I do have two questions-
1) Who do i bring for a witness, when i go notarize my signature.- and must it be someone on the trust- i.e. one of the beneficiaries- or does it only need to be someone who personally knows me. My template calls for two such witnesses- but I read another thread on here- where a difference experience was accounted.
*** Notary laws vary from state to state but typically witnesses for notarized documents should be disinterested parties not affected by the content of the document to be notarized. Also these witnesses are there to 'witness' the act of acknowledging or signing the document, which means that they dont even have to personally know you. The Notary public themselves have the responsibility to verify your identity to ensure the signer is the person whom they claim to be, again the content of the document is typically not relevant to the responsibilities of the notary. Check with a notary public from your own state to determine what you should be doing in this case.

2) Which court do i go to file this after i notarize? Do I go to the probate court?
***Since you are effectively applying for a TAX stamp I would think you would be correct in assuming to file in the probate court. Simply go there and ask. :)
 
*** Notary laws vary from state to state but typically witnesses for notarized documents should be disinterested parties not affected by the content of the document to be notarized. Also these witnesses are there to 'witness' the act of acknowledging or signing the document, which means that they dont even have to personally know you.
Thanks thats good to know. That will save me a little bit of trouble

Since you are effectively applying for a TAX stamp I would think you would be correct in assuming to file in the probate court. Simply go there and ask. :)
Question- (i'm mailing the tax stamp in- so that part is taken care of, and is separate) - My question is pertaining to this Gun Trust that I am filing. Since it is a trust- would it be correct to assume Probate Court as well?

Thanks
 

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