Question for your pros, didnt come up with anything on the search function. Is it possible to setup a trust and own class 3 items in a state you dont reside in, assuming its legal in that state and they are stored there?
Suppressors Class 3 Experts
- Thread starter idahoshooter
- Start date
Re: Class 3 Experts
If you dont reside in the state how can you transfer them?
Transfers must be made in the state you reside in.
So if you set up a trust in Idaho and had the stuff transfered to you in Idaho ... THEN moved to a place that allowed the stuff then you would be ok.
If you dont reside in the state how can you transfer them?
Transfers must be made in the state you reside in.
So if you set up a trust in Idaho and had the stuff transfered to you in Idaho ... THEN moved to a place that allowed the stuff then you would be ok.
Re: Class 3 Experts
Gotcha, makes sense. The possibility of moving to a non friendly state is high, wondering how to go about such things. I suppose if necessary, a resident in ID could setup a trust and I could be added. Hence when I visit I could legally play with the toys?
Gotcha, makes sense. The possibility of moving to a non friendly state is high, wondering how to go about such things. I suppose if necessary, a resident in ID could setup a trust and I could be added. Hence when I visit I could legally play with the toys?
Re: Class 3 Experts
Ask a lawyer bro, don't base a legal decision on questionable comments from a gun forum...
Ask a lawyer bro, don't base a legal decision on questionable comments from a gun forum...
Re: Class 3 Experts
Obviously Im not going to do something without talking to my lawyer, just curious if someone else on here has been in this situation.
Obviously Im not going to do something without talking to my lawyer, just curious if someone else on here has been in this situation.
Re: Class 3 Experts
I know with my Stuff the Dealer does a 4473 when i pick it up so I would assume, and this is just a guess you need a drivers license for that state.
Having spoke to someone who sells this stuff, my understand is no way... where people from CA wanted Cans transferred to homes in AZ, and they won't do it, but this second hand information
I know with my Stuff the Dealer does a 4473 when i pick it up so I would assume, and this is just a guess you need a drivers license for that state.
Having spoke to someone who sells this stuff, my understand is no way... where people from CA wanted Cans transferred to homes in AZ, and they won't do it, but this second hand information
Re: Class 3 Experts
Thanks for the input. I ll ask the lawyer if it can work with multiple people on the trust. From what Ive read, if multiple people are on the trust, one residing in the friendly state and who the items are transferred too, I believe the other party can use those items when in state. Ill let you guys know what the lawyer says.
Thanks for the input. I ll ask the lawyer if it can work with multiple people on the trust. From what Ive read, if multiple people are on the trust, one residing in the friendly state and who the items are transferred too, I believe the other party can use those items when in state. Ill let you guys know what the lawyer says.
Re: Class 3 Experts
Short answer is no, however there are always caveats and adendums for specific circumstances. Setting up a Trust in a state outside your state of residence for the sole intention of acquiring items that would be illegal to possess in your home state would violate Federal law.
However, you can maintain a Trust outside your original residence state where the Trust originated, but you need to make sure the Trust accomodates the laws of the state you would relocate to; ie: you start a Trust in Texas, then move to Louisiana. The Trust is still valid, but to purchase in Louisiana under your Texas Trust, you made need to ammend the Trust to accomodate their civil and criminal law. If you were to move to a state that does not allow possession of said items, you can maintain the items in the originating state under the regulations set forth by the BATF, but you would be subject to your new state's law which would forbid the purchase or possession of Class III items. Basically, if you were to move from Texas to California, you can still own your suppressors, but they cannot enter California. You would have to secure them in Texas, and would be able to use them in Texas or another State that allows their possession and use.
Unfortunately, you must be a residence of the state you are purchasing the Class III item through, with proof of residency; ie: driver's license and legitimate physical address. Otherwise you must transfer the Class III item to a SOT in your home state.
Again, as said before, consult with an attorney in your state.
Short answer is no, however there are always caveats and adendums for specific circumstances. Setting up a Trust in a state outside your state of residence for the sole intention of acquiring items that would be illegal to possess in your home state would violate Federal law.
However, you can maintain a Trust outside your original residence state where the Trust originated, but you need to make sure the Trust accomodates the laws of the state you would relocate to; ie: you start a Trust in Texas, then move to Louisiana. The Trust is still valid, but to purchase in Louisiana under your Texas Trust, you made need to ammend the Trust to accomodate their civil and criminal law. If you were to move to a state that does not allow possession of said items, you can maintain the items in the originating state under the regulations set forth by the BATF, but you would be subject to your new state's law which would forbid the purchase or possession of Class III items. Basically, if you were to move from Texas to California, you can still own your suppressors, but they cannot enter California. You would have to secure them in Texas, and would be able to use them in Texas or another State that allows their possession and use.
Unfortunately, you must be a residence of the state you are purchasing the Class III item through, with proof of residency; ie: driver's license and legitimate physical address. Otherwise you must transfer the Class III item to a SOT in your home state.
Again, as said before, consult with an attorney in your state.
Re: Class 3 Experts
Thanks again for the input. Not concerned with buying anything new just using whats owned when visiting said gun friendly state. I may be sol, time will tell.
Thanks again for the input. Not concerned with buying anything new just using whats owned when visiting said gun friendly state. I may be sol, time will tell.
Re: Class 3 Experts
If you are just visiting I think you are fine as long as you are named in said Trust...
I pretty much think that is the point of it... as long as its legal, and everything is bought in a friendly state trust where the trust purchaser resides, and you are named in it I don't see where there be an issue of visiting rights.
It's the buying under it from a different state where the problem stands.
Again, check with lawyers, maybe some crazy loophole everyone named has to live in the state but I doubt it. thought that was the point to keep it in a family as well to be passed on.
If you are just visiting I think you are fine as long as you are named in said Trust...
I pretty much think that is the point of it... as long as its legal, and everything is bought in a friendly state trust where the trust purchaser resides, and you are named in it I don't see where there be an issue of visiting rights.
It's the buying under it from a different state where the problem stands.
Again, check with lawyers, maybe some crazy loophole everyone named has to live in the state but I doubt it. thought that was the point to keep it in a family as well to be passed on.
Re: Class 3 Experts
I know of at least one person who lives in CA and is able to keep their Can out of state.
Their trust or corp (Don't know which it is) also has another person listed on it that lives out of CA and the suppressor lives with him.
Said CA owner then travels to that location when he wants to use it.
I know of at least one person who lives in CA and is able to keep their Can out of state.
Their trust or corp (Don't know which it is) also has another person listed on it that lives out of CA and the suppressor lives with him.
Said CA owner then travels to that location when he wants to use it.
Re: Class 3 Experts
I'm in a LLC deal where the majority owner doesn't live in a NFA friendly state. With the assistance of an attorney, he started an LLC in my state. The attorney drew up an operating agreement where my friend is the principal owner, but I am a member of the LLC. I'm the managing member but I'm restricted in that I'm unable to buy or sell any "assets" (more NFA items) without the consent of the owners. The principal owner can relieve me as the manager as his discretion. The NFA items stay in my safe but the principal owner can use his items when he's in town. My benefit is I get to use his NFA items for filing the annual reports and reporting all tax info.
I've got my own LLC for my NFA stuff.
I'm in a LLC deal where the majority owner doesn't live in a NFA friendly state. With the assistance of an attorney, he started an LLC in my state. The attorney drew up an operating agreement where my friend is the principal owner, but I am a member of the LLC. I'm the managing member but I'm restricted in that I'm unable to buy or sell any "assets" (more NFA items) without the consent of the owners. The principal owner can relieve me as the manager as his discretion. The NFA items stay in my safe but the principal owner can use his items when he's in town. My benefit is I get to use his NFA items for filing the annual reports and reporting all tax info.
I've got my own LLC for my NFA stuff.
Re: Class 3 Experts
This is a (sort of) unrelated question, but it comes from the commentary in this thread.
If I were to purchase an SBR or can or insert NFA item here legally, would a friend be able to partake in the fun at the range?
I'm getting the idea that the only person able to even touch an NFA item must be on the trust.
This is a (sort of) unrelated question, but it comes from the commentary in this thread.
If I were to purchase an SBR or can or insert NFA item here legally, would a friend be able to partake in the fun at the range?
I'm getting the idea that the only person able to even touch an NFA item must be on the trust.
Re: Class 3 Experts
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Gavin S.</div><div class="ubbcode-body">As long as you are present yes. </div></div>
Got it.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Gavin S.</div><div class="ubbcode-body">As long as you are present yes. </div></div>
Got it.
Similar threads
