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Suppressors Trust for 2 cans or No Trust?

300WSM

Gunny Sergeant
Full Member
Minuteman
Apr 29, 2004
1,395
5
WI
Is it worthwhile having a trust if I am just going to own 2 cans? Is avoiding LEO sig, finger prints, and photo worth doing a trust?
 
Re: Trust for 2 cans or No Trust?

I'm disciplined!
smile.gif


Well let's just say this. I did up a quicken will maker trust and took it to my attorney friend. He laughed at it for about 5 minutes. He said he'd do a trust for me for nothing but said he doesn't know the law concerning NFA weapons etc. He went on to say that quicken trust will get you the cans from the ATF but it basically treats them like a piece of furniture. It leaves you open to liability issues, transfer issues regarding who it's ok to go to, storage issues, language regarding use. He also said that the trust technically needs to purchase the cans and if it isn't done that way things might not hold up. Basically the quicken trust is full of holes and a trust drawn up by him wouldn't address a lot of important issues because he doesn't know the nfa laws. He suggested I seek out someone who specialized in NFA trusts. So...

I talked to a few guys who specialize in NFA trusts ...$500-600.

Talk with my friend again after that and he said it would be well worth it. He said he would have to spend a lot of time looking up the law and the cases to come up with the proper language to include in the trust document. Lastly he speculated that down the road there could be a lot of people in trouble if the ATF started really looking into the trusts more.

So I guess what am I really gaining by going trust route?
 
Re: Trust for 2 cans or No Trust?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 300WSM</div><div class="ubbcode-body">Is it worthwhile having a trust if I am just going to own 2 cans? Is avoiding LEO sig, finger prints, and photo worth doing a trust? </div></div>

DAMN SKIPPY it is.
 
Re: Trust for 2 cans or No Trust?

Do a trust, put a bunch of people on the trust as trustees, that way they can use the can when you arent around. If you do it as an individual you can be fucked in the ass if say your wife shoots someone coming in your house with your rifle with the can on it. If she is a trustee she legally has access to the can and can use it without backlash.

If owned as an individual you have the responsibility to lock it away and be the ONLY one with access to it.
 
Re: Trust for 2 cans or No Trust?

The point of a trust is not avoiding "LEO sig, finger prints, and photo." It's an ownership and access issue.

The "individual" the item is registered to must be present whenever the item is in use. The "individual" is required to control access to the item.

When the "trust" owns the item, trustee's have access to the item and are responsible for controlling access. The trust owns the item and specifies trustee's.

Yes, the trust must purchase the item, technically the trustee handles the purchase for the trust.

In reality an NFA item is a piece of furniture. The only ATF requirement is that the trust is legal in the state it was established.

Anything else you specifically address in the trust such as "transfer issues regarding who it's ok to go to, storage issues, language regarding use" etc are additional requirements that are unnecessary and provide more compliance issues for ATF to investigate.

Transfer of the item is regulated by federal law, access to the item is restricted to trustee's, use of the item is regulated by state/federal/local laws, control/possession of the item is regulated by law.

Why would you want to complicate a simple trust with language you would have to review every time one of the laws/regulations change?

A trust is for ownership, all the rest sounds like complications over fear of the Wisconsin political environment.