Suppressors Can I move a registered NFA item into my trust retroactively?

[glock24]

Just like the title says, if I were to get myself an NFA trust in the future, would I be able to move my previously (individual) registered items into this trust?

Is it as simple as a Form 5, or something more complicated?

Thanks

 

[razor488]

I would talk to an attorney licensed in your state and this isn't intended to be legal advice... but the way I understand it is that YOU are an entity and your trust is an entity, so you would need to transfer the item from you to the trust following the NFA's process of doing that. I don't think the date the trust was created matters...

 

[rancilio]

You can move the items into your trust... Form 4 plus $200 from what I understand. If there is another way, somebody will pipe up.

 

[Crumley25]

I would talk to an attorney licensed in your state and this isn't intended to be legal advice... but the way I understand it is that YOU are an entity and your trust is an entity, so you would need to transfer the item from you to the trust following the NFA's process of doing that. I don't think the date the trust was created matters...

This is correct, a trust is it own entity. You would basically be selling the item to the trust. You will no longer own the NFA item.

 

[glock24]

Hmm . . . okay.

So it's gonna cost me? That sucks. I know a Form 5 is cost-free, so that must deal only with beneficiaries of an estate.

What is want to do sounds more like a sale.

 

[ZombieMonkey]

What you want to do is impossible without paying the $200 tax stamp again. Gotta love the stupidity of it.

 

[xciapup]

Short answer is yes. It is just like any other transfer. The owner, you, keeps the item until the transfer goes through. A year later, the trust owns the item.

 

[jmason]

If I own (not a trust) the NFA item and I pass away. What happens to the item?

 

[ZombieMonkey]

If I own (not a trust) the NFA item and I pass away. What happens to the item?

A lawful heir can file a form 5 as an individual or trust to obtain the item without having to pay the $200 tax stamp. That's one of the beauties of the trust in that it can avoid family members from having to go through this process with the ATF.

 

[jmason]

A lawful heir can file a form 5 as an individual or trust to obtain the item without having to pay the $200 tax stamp. That's one of the beauties of the trust in that it can avoid family members from having to go through this process with the ATF.

sounds like I need to set up a trust then.