Suppressors Trust in Oklahoma, but now I live in Utah

TheBrewMaster

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This is the question.

I currently have a gun trust that was established in Oklahoma.

I moved to Utah and want to buy more silencers so can I use the same trust or do I need to have a new trust that I would create in Utah?

Any help would be appreciated, especially if there is anyone out there that knows for a fact what they say is true.

Thank You
 

MontanaKid

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Re: Trust in Oklahoma, but now I live in Utah

Since it is a trust and it didn't require the signature from a CLEO, it might be an independent issue/not connected to the state. I would contact the ATF just to make sure though, they are the people that ultimately decide.
 

TheBrewMaster

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Re: Trust in Oklahoma, but now I live in Utah

That's a good idea. I will do that tomorrow.

I called up the shop where the suppressor is and it sounded like they didn't know.

Do you know how much it would cost to create a trust in Utah? The one I created in Oklahoma was less than a bottle of Crown Royal and I got my first
silencer in 5 months!
 

razerok1

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Re: Trust in Oklahoma, but now I live in Utah

my trust isn't set up with any state information... i don't think trusts have anything to do with the state they are written and created in.. i would call the attorney that set it up for you and the BATF just to be on the safe side.
 

Silenced America

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Re: Trust in Oklahoma, but now I live in Utah

Trusts are state to state. There are certain requirements for trusts in each state. The requirements for Oklahoma and Utah may be the same. Generally, there is some state language somewhere in the trust, but not all trusts (at least that I have dealt with) have state-specific language in them. Some state's require that you file a copy of the trust with the state.
 

TheBrewMaster

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Re: Trust in Oklahoma, but now I live in Utah

I called the ATF... They didn't have an answer. I called two lawyers and both said my trust is good. So I'm going tomorrow to add an Osprey .45 to the trust:)
 

wvlawyer02

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Re: Trust in Oklahoma, but now I live in Utah

I am an attorney. Many months ago I looked into this issue. Although I am not giving legal advise to you since I don't practice in either Oklahoma or Utah, I believe the attorney's you spoke with might not be correct. My understanding was that a trust was needed for each individual Class III item to comply with the US Code. I could be wrong since its been awhile, but I strongly urge you to get a written opinion from either attorney or ATF to cover your ass. Its really not worth 10yrs and/or thousands in defense costs.
 

Force_Multiplier

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  • May 22, 2008
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    Re: Trust in Oklahoma, but now I live in Utah

    <div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: wvtrainer</div><div class="ubbcode-body">I am an attorney. Many months ago I looked into this issue. Although I am not giving legal advise to you since I don't practice in either Oklahoma or Utah, I believe the attorney's you spoke with might not be correct. My understanding was that a trust was needed for each individual Class III item to comply with the US Code. I could be wrong since its been awhile, but I strongly urge you to get a written opinion from either attorney or ATF to cover your ass. Its really not worth 10yrs and/or thousands in defense costs.</div></div>


    no, that's what your schedule A is for
     

    trevor300wsm

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    Nov 8, 2009
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    Re: Trust in Oklahoma, but now I live in Utah

    <div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Force_Multiplier</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: wvtrainer</div><div class="ubbcode-body">I am an attorney. Many months ago I looked into this issue. Although I am not giving legal advise to you since I don't practice in either Oklahoma or Utah, I believe the attorney's you spoke with might not be correct. My understanding was that a trust was needed for each individual Class III item to comply with the US Code. I could be wrong since its been awhile, but I strongly urge you to get a written opinion from either attorney or ATF to cover your ass. Its really not worth 10yrs and/or thousands in defense costs.</div></div>


    no, that's what your schedule A is for</div></div>

    Correct, one trust for the CIII's, you just make additions to it.
     

    TheBrewMaster

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    Re: Trust in Oklahoma, but now I live in Utah

    I appreciate your .02

    Are you saying a new trust needs to be created for every class III item in the trust?

    I have it in writing from one attorney so and verbally from another. And Most lawyers are parasitic scum who would sell a refrigerator to someone in Alaska and both of them could have easily told me I need a new trust.

    The prices ranged from $100-$600.

    I paid about as much as you would for a bottle of Crown Royal for my current trust and it has served me well.

    I would like for others with direct knowledge to chime in as well.

    Thanks everyone:)
     

    wvlawyer02

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    Re: Trust in Oklahoma, but now I live in Utah

    First, each state has specific trust requirements for "modifying" a trust. As I recall from memory (months ago), this caused an issue with having multiple Class III items held in one trust. Again, I could be wrong and defer to your own attorney.

    If you get an opinion in writing from an attorney on the issue then you should be fine. If there is any problem they will have malpractice insurance and you can hang them.

    There are a number of dealers who are not attorneys that have generated Class III trusts which I have examined. Many do not comply with state law and, frankly, it is an unauthorized practice of law to generate such a trust without a law license in the course of business.

    All I am trying to do is explain that a trust is specific legal document governed by individual state law. ATF examiners are NOT attorneys and ATF does not validate the trust making it "legal." In the event something "bad" would happen, you will be prosecuted by an attorney who understands the specific requirements. To have trust drafted and approved by a licensed attorney is big security for the price. Just say'in....
     

    MontanaKid

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    Re: Trust in Oklahoma, but now I live in Utah

    <div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TheBrewMaster</div><div class="ubbcode-body">I called the ATF... They didn't have an answer. I called two lawyers and both said my trust is good. So I'm going tomorrow to add an Osprey .45 to the trust:) </div></div>

    ATF: "we don't know, but if you screw up you're goin to jail."

    Haha. Seriously though, I'd take every precaution to cover my ass.
     

    matt2143

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    Re: Trust in Oklahoma, but now I live in Utah

    I was informed by my lawyer for MY trust, when I move everything stays the same. I just have to ensure that possession in my state is still GTG. i.e. I have 6 suppressors on my VA trust, I could move to a non suppressor state and still legally own the suppressors but I would be violating the law having them in the banned state... Just follow your local laws...
     

    Zevdogs

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    Re: Trust in Oklahoma, but now I live in Utah

    Call get some guns and ammo on 7200 south state in SLC +1 (801) 562-1222
    They will tell you as they mainly sell suppressors and full autos