What are the protocols involved with an NFA trust if you are moving to a different city/county, but it is within the same state?
Suppressors NFA Trust - Moving within the same state
- Thread starter uracowman
- Start date
Here's what was recommended when i asked that question.
http://www.snipershide.com/shooting/snipers-hide-suppressors/209156-moving-same-state-trust.html
http://www.snipershide.com/shooting/snipers-hide-suppressors/209156-moving-same-state-trust.html
Check your trust paperwork. My guess is that you'll find that it contains no address whatsoever, only the state in which the trust is created. So far as I know the trust can "be" anywhere at all, it doesn't have to "be" in the same state as where the NFA items are stored. The NFA branch cares where the NFA items are stored, not where the trust "is." The trust (which is nothing more than a file of paper) can exist at your lawyer's office in New York City if that's where you want it to be. Where the trust was created dictates how the NFA branch handles the applications. Obviously you don't want to create a trust in a state where NFA items are prohibited entirely. So create a trust in some other state that's more NFA friendly, and when you get the stamps through the NFA dealer in that state, move the NFA items wherever it's lawful for you, as a trustee, to do so. Notify the NFA branch of the new storage location as required.
You see, "you" are not the trust. The trust is an independent legal entity that can be created in any state according to that state's laws, and just like a person ("incorporated") it can move here and there and still be valid. The NFA items do not belong to "you" they belong to the trust, and you (and anyone else you assign trustee status) are just stewards of the trust's assets, and you may use them and move them about according to the trust's provisions as you like, while comporting with the NFA, without the trust "moving" at all. You don't even have to keep a mailing address for the trust in the state it's created in (I believe), it's not like a corporation or LLC where you have to have a "registered agent" physically within the state who can receive and forward official government paperwork to you. So long as you abide by the language in the trust while stewarding its assets, and you obey the NFA regarding notifying the BATFE about the storage location and transporting them, I don't think you have to do anything at all with the trust itself, because there was no address assigned to the trust to begin with, just a mailing address for you, the trustee. Keep the NFA branch informed of your mailing address (which can be a PO box) and the storage location and you should be good to go.
Of course I'm not a lawyer, so this editorial commentary is worth exactly what you paid for it...
Go read the back of your form 4, it instructs you what to do when you move. It is very easy, just notify them in writing (letter or memo) of the new address. You DO NOT need to send in any ATF forms. A suppressor does not need an ATF form sent in for temporary interstate travel. Also, no need to do any thing with the trust. Trust is valid any where within the state. I don't know why people continue to make this more complicated than it is.
I couldn't find a clear answer for the following scenario:
Active-duty military, "resident" of a different state than currently stationed in. Trust was built by lawyers in that "resident" state. First NFA item was purchased while stationed in current state (all NFA items are suppressors Only). Not a single address on the trust documents.
When that person gets orders to another state, what is legally required? The 20.20 doesn't mention suppressors, and the trust doesn't have an address/"situs" tied to it. The Form-4's have the only addresses tied to each item's original location.
Since a couple folks seem so knowledgable, I figured I'd ask for their inputs.
Thanks.
Active-duty military, "resident" of a different state than currently stationed in. Trust was built by lawyers in that "resident" state. First NFA item was purchased while stationed in current state (all NFA items are suppressors Only). Not a single address on the trust documents.
When that person gets orders to another state, what is legally required? The 20.20 doesn't mention suppressors, and the trust doesn't have an address/"situs" tied to it. The Form-4's have the only addresses tied to each item's original location.
Since a couple folks seem so knowledgable, I figured I'd ask for their inputs.
Thanks.
That's a funky one. The trust should always be "located" in the resident state period. I figure as form 5's are not required for cans you can move them at will. The trust never moved. The trustee did.
If you had machine guns, you would file an annual form 5 to allow them to be "moved" to your duty state "temporarily" from your resident state where the trust resides.
This is part if the reason the BATF hates trusts and corporations, b/c they really lose control of who actually holds what and where it's located. It's a virtual world.
If you had machine guns, you would file an annual form 5 to allow them to be "moved" to your duty state "temporarily" from your resident state where the trust resides.
This is part if the reason the BATF hates trusts and corporations, b/c they really lose control of who actually holds what and where it's located. It's a virtual world.
Thanks for the inputs, fellas.
Yeah, the active-duty life can get complicated when it comes to driver's licenses, state residency, spouse residency, vehicle registrations, property taxes, state income taxes, etc...
Sending the ATF a letter with updated info seems like asking for trouble. I'm glad it worked out for you, though.
With everything going on over there, I'd be curious what a timely response would be these days...
Yeah, the active-duty life can get complicated when it comes to driver's licenses, state residency, spouse residency, vehicle registrations, property taxes, state income taxes, etc...
Sending the ATF a letter with updated info seems like asking for trouble. I'm glad it worked out for you, though.
With everything going on over there, I'd be curious what a timely response would be these days...
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