Suppressors My son wants to use my Suppressor..............
- Thread starter michael sr.
- Start date
Re: My son wants to use my Suppressor..............
Only if he is on your trust. If the Form 4 was to an individual, meaning you, then no. Unless you are present. If the Form 4 was to a trust and your son is a member of said trust then yes.
Only if he is on your trust. If the Form 4 was to an individual, meaning you, then no. Unless you are present. If the Form 4 was to a trust and your son is a member of said trust then yes.
Re: My son wants to use my Suppressor..............
yep i agree with both above, same state and you must be present unless he is on your trust or corporation. Otherwise NO!!!
yep i agree with both above, same state and you must be present unless he is on your trust or corporation. Otherwise NO!!!
Re: My son wants to use my Suppressor..............
Son is an LEO, and is the same state, different town..
Son is an LEO, and is the same state, different town..
Re: My son wants to use my Suppressor..............
once again, I agree. LEO makes no difference.
once again, I agree. LEO makes no difference.
Re: My son wants to use my Suppressor..............
LEO does not matter as the authorizing agency is BATFE for class 3 items. The authorized person on the paperwork must be present. And when you use the item you must have the paperwork with the item. It has not happened to me but if a BATFE agent is around they can ask to see your paperwork for that item.
LEO does not matter as the authorizing agency is BATFE for class 3 items. The authorized person on the paperwork must be present. And when you use the item you must have the paperwork with the item. It has not happened to me but if a BATFE agent is around they can ask to see your paperwork for that item.
Re: My son wants to use my Suppressor..............
When NFA items are concerned, LEO status does not matter unless the item is owned by an agency or is evidence.
Several officers have gotten in trouble in the past for thinking the rules don't apply because they have a badge.
Trusts are the way to go. When my boys are old enough I can add them to the trust and they can have unrestricted access to all the NFA toys.
When NFA items are concerned, LEO status does not matter unless the item is owned by an agency or is evidence.
Several officers have gotten in trouble in the past for thinking the rules don't apply because they have a badge.
Trusts are the way to go. When my boys are old enough I can add them to the trust and they can have unrestricted access to all the NFA toys.
Re: My son wants to use my Suppressor..............
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body">Trusts are the way to go. When my boys are old enough I can add them to the trust and they can have unrestricted access to all the NFA toys. </div></div>
When you add someone to a trust do you have to resubmit the trust for approval to the BATFE or simply have it ratified by an attorney and approved by the State if required in that State? Here in WA they don't even require a Trust to be notarized.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body">Trusts are the way to go. When my boys are old enough I can add them to the trust and they can have unrestricted access to all the NFA toys. </div></div>
When you add someone to a trust do you have to resubmit the trust for approval to the BATFE or simply have it ratified by an attorney and approved by the State if required in that State? Here in WA they don't even require a Trust to be notarized.
Re: My son wants to use my Suppressor..............
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body">Trusts are the way to go. When my boys are old enough I can add them to the trust and they can have unrestricted access to all the NFA toys. </div></div>
When you add someone to a trust do you have to resubmit the trust for approval to the BATFE or simply have it ratified by an attorney and approved by the State if required in that State? Here in WA they don't even require a Trust to be notarized.
</div></div>
You may want to re-check that one. I just had to have my trust notarized last November.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body">Trusts are the way to go. When my boys are old enough I can add them to the trust and they can have unrestricted access to all the NFA toys. </div></div>
When you add someone to a trust do you have to resubmit the trust for approval to the BATFE or simply have it ratified by an attorney and approved by the State if required in that State? Here in WA they don't even require a Trust to be notarized.
</div></div>
You may want to re-check that one. I just had to have my trust notarized last November.
Re: My son wants to use my Suppressor..............
I have a Gundocx trust in WA and the pages for the trustees are notarized. It was done by NW Gun Law Group. Anybody on here have anything to say about that trust, how it worked out for them or otherwise? I'm still waiting on my first purchase with it.
I am under the impression I can add "lifetime beneficiaries" at my discretion with no notary as I and my wife are both trustees and thus officers of the trust. So as I understand it, if I were you, I could make my son a lifetime beneficiary by adding him to the trust. Then he could use, and as I understand, even borrow it. I don't plan on that, and before I let anyone use it I'd call the attorney that did it for me to clarify how the lifetime beneficiary thing works.
Also, it is supposed to protect you, say the lifetime beneficiary you name is a felon. Then you are supposed to be protected from any wrongdoing, as I understand it. I'm no lawyer, it is just how it was explained to me.
I got the trust before ordering an SDN6 that I'm waiting on. My wife, she has equal ownership so she doesn't have to do anything if I die, and since my family doesn't really care about the stuff, I named my army buddy as successor, and he's allowed to use stuff in the trust too. They are pretty handy to have, but you definitely need to get a good gun lawyer to set it up and then explain to you how to use it to its full effect.
So even if you have the trust and add him to it, call the lawyers to make sure you are doing it right. Don't wanna mess that up.
I have a Gundocx trust in WA and the pages for the trustees are notarized. It was done by NW Gun Law Group. Anybody on here have anything to say about that trust, how it worked out for them or otherwise? I'm still waiting on my first purchase with it.
I am under the impression I can add "lifetime beneficiaries" at my discretion with no notary as I and my wife are both trustees and thus officers of the trust. So as I understand it, if I were you, I could make my son a lifetime beneficiary by adding him to the trust. Then he could use, and as I understand, even borrow it. I don't plan on that, and before I let anyone use it I'd call the attorney that did it for me to clarify how the lifetime beneficiary thing works.
Also, it is supposed to protect you, say the lifetime beneficiary you name is a felon. Then you are supposed to be protected from any wrongdoing, as I understand it. I'm no lawyer, it is just how it was explained to me.
I got the trust before ordering an SDN6 that I'm waiting on. My wife, she has equal ownership so she doesn't have to do anything if I die, and since my family doesn't really care about the stuff, I named my army buddy as successor, and he's allowed to use stuff in the trust too. They are pretty handy to have, but you definitely need to get a good gun lawyer to set it up and then explain to you how to use it to its full effect.
So even if you have the trust and add him to it, call the lawyers to make sure you are doing it right. Don't wanna mess that up.
Re: My son wants to use my Suppressor..............
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body">
When you add someone to a trust do you have to resubmit the trust for approval to the BATFE or simply have it ratified by an attorney and approved by the State if required in that State? Here in WA they don't even require a Trust to be notarized.
</div></div>
I am not an attorney, so my advice is worth exactly what you paid for it.
While your state may not require the Trust to be notarized, I would do so anyway. A notary usually doesn't charge that much. Your local bank or PD should have one.
I have not seen any documentation indicating that the BATFE needs to be notified of any changes to the trust. I do know YOU are required to make sure that anyone you add is a "proper person". Hence you can't add a 16 year old, wife beater or felon because these are all people who would not be eligible to posses the items on their own. I can't add my boys until they are the proper age.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body">
When you add someone to a trust do you have to resubmit the trust for approval to the BATFE or simply have it ratified by an attorney and approved by the State if required in that State? Here in WA they don't even require a Trust to be notarized.
</div></div>
I am not an attorney, so my advice is worth exactly what you paid for it.
While your state may not require the Trust to be notarized, I would do so anyway. A notary usually doesn't charge that much. Your local bank or PD should have one.
I have not seen any documentation indicating that the BATFE needs to be notified of any changes to the trust. I do know YOU are required to make sure that anyone you add is a "proper person". Hence you can't add a 16 year old, wife beater or felon because these are all people who would not be eligible to posses the items on their own. I can't add my boys until they are the proper age.
Re: My son wants to use my Suppressor..............
This, but numerous possibilities are available if he can convince the dept to obtain NFA items, like post '86 items.<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: DP425</div><div class="ubbcode-body">LEO is irrelevant unless it is dept owned. </div></div>
This, but numerous possibilities are available if he can convince the dept to obtain NFA items, like post '86 items.<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: DP425</div><div class="ubbcode-body">LEO is irrelevant unless it is dept owned. </div></div>
Re: My son wants to use my Suppressor..............
What LoneWolf said is basically true but you can add people to the NFA Trust that aren’t eligible at the time. A clause is added to state that when they become eligible they become beneficiaries.
So, someone can add a child to the Trust but they don’t become a person who can possess the item until they become eligible. The same thing goes for someone on the Trust becoming ineligible, i.e. a felon. If that happens they can still be on the Trust but they cannot possess the item.
It’s pretty crazy, but no one who isn’t on the Trust can have access to the item without being eligible at anytime if you aren’t in control of it.
So, say you keep a silenced pistol in the drawer next to your bed and you live with someone who isn’t on your Trust or isn’t eligible to benefit, then you leave the room or house without locking the silencer up. You could actually get busted for that. Since the item leaving your physical control constitutes a transfer as far as an NFA item is concerned.
What LoneWolf said is basically true but you can add people to the NFA Trust that aren’t eligible at the time. A clause is added to state that when they become eligible they become beneficiaries.
So, someone can add a child to the Trust but they don’t become a person who can possess the item until they become eligible. The same thing goes for someone on the Trust becoming ineligible, i.e. a felon. If that happens they can still be on the Trust but they cannot possess the item.
It’s pretty crazy, but no one who isn’t on the Trust can have access to the item without being eligible at anytime if you aren’t in control of it.
So, say you keep a silenced pistol in the drawer next to your bed and you live with someone who isn’t on your Trust or isn’t eligible to benefit, then you leave the room or house without locking the silencer up. You could actually get busted for that. Since the item leaving your physical control constitutes a transfer as far as an NFA item is concerned.
Re: My son wants to use my Suppressor..............
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: StrykerSDM</div><div class="ubbcode-body">I am under the impression I can add "lifetime beneficiaries" at my discretion with no notary as I and my wife are both trustees and thus officers of the trust. So as I understand it, if I were you, I could make my son a lifetime beneficiary by adding him to the trust. Then he could use, and as I understand, even borrow it. </div></div>
I'm not a lawyer but I don't think that being a beneficiary on a trust grants you the legal right to possess NFA items. You can and should make them both trustees and beneficiaries and then they could do whatever they want with the NFA items as if they owned them personally.
I have a feeling that the ATF will be publishing some letters this year relating to NFA trusts. It'll be interesting to see how it goes. There is already talk about making it a requirement to submit fingerprints for all of the trustees when you submit it.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: StrykerSDM</div><div class="ubbcode-body">I am under the impression I can add "lifetime beneficiaries" at my discretion with no notary as I and my wife are both trustees and thus officers of the trust. So as I understand it, if I were you, I could make my son a lifetime beneficiary by adding him to the trust. Then he could use, and as I understand, even borrow it. </div></div>
I'm not a lawyer but I don't think that being a beneficiary on a trust grants you the legal right to possess NFA items. You can and should make them both trustees and beneficiaries and then they could do whatever they want with the NFA items as if they owned them personally.
I have a feeling that the ATF will be publishing some letters this year relating to NFA trusts. It'll be interesting to see how it goes. There is already talk about making it a requirement to submit fingerprints for all of the trustees when you submit it.
Similar threads
Suppressors
Rimfire suppressor
