Suppressors trust question

black_ump

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well i already have a trust with a suppressor on it, but I am currious to know the following.

1. when i do a form one for an sbr do i have to resubmit a copy of the trust ( updated copy ) with my form 1 ?

2. my brother is the "2nd care taker if i where to die" with his name in the trust can i let him take my sbr and suppressor to the range with out me being their ?
 

jasonk

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Feb 23, 2007
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Re: trust question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: black_ump</div><div class="ubbcode-body">2. my brother is the "2nd care taker if i where to die" with his name in the trust can i let him take my sbr and suppressor to the range with out me being their ?</div></div>

Will you be dead when he goes to the range?
 

lazy21

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Re: trust question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jasonk</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: black_ump</div><div class="ubbcode-body">2. my brother is the "2nd care taker if i where to die" with his name in the trust can i let him take my sbr and suppressor to the range with out me being their ?</div></div>

Will you be dead when he goes to the range?</div></div>

and even if he were dead, he would have to submit a form 1/4 to take possession of the weapon. right?
 

black_ump

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Re: trust question

no i wont be dead jack ass..... but i dont want to go to the rang every single time he wants to touch my can off

i figured putting him in my trust would mean he could go to the range with my things encase i want to ...... stay home
 

bohem

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Re: trust question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: black_ump</div><div class="ubbcode-body">no i wont be dead jack ass..... but i dont want to go to the rang every single time he wants to touch my can off

i figured putting him in my trust would mean he could go to the range with my things encase i want to ...... stay home </div></div>

In short, no.

As executor of the trust, once you die he doesn't pay taxes on the stuff because he's simply in charge of the trust. Officially the trust owns the NFA toys and they haven't techincally changed hands.

If you're not dead, he's not the executor of the trust yet, you are, therefore you need to be directly present each time the can or SBR is being used.
 

RayDBonz

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Re: trust question

From what I know:

1 - yes. In fact, the last one I did, they wanted the entire trust with all attachments and also the declaration of trust. (which makes no sense as the declaration is just an abbreviated version of the entire trust document)

2 - if your brother is named as a trustee, then yes he can use any of the property owned by the trust. If he's just the executor, then not while you are alive. That's just one of the many benefits of a trust - you can have many trustees. Just be careful who you name - a trustee can also sell the property of the trust.

I would suggest talking to a lawyer in your state. Getting legal advise over the internet is like picking up a hooker in Vegas - it might make you feel good for a while, but later might just bite you in the ass!
 

KYS

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Oct 8, 2008
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Re: trust question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: black_ump</div><div class="ubbcode-body"><span style="color: #FF0000">no i wont be dead jack ass..</span>... but i dont want to go to the rang every single time he wants to touch my can off

i figured putting him in my trust would mean he could go to the range with my things encase i want to ...... stay home </div></div>

I now question your intelligence level. Probably is not a good idea to smart off to a MOD that can ban you for your poor choice of words.

On another note:

1) Yes you submit the entire trust every time you register an item with the ATF/NFA
2) Your brother can only take over the trust after you die. So no, he cant walk around with the registered items unless he is a trustee as well. But as stated, he can control the items along with you.
 

Downrange1x

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Apr 30, 2010
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Re: trust question

1 Every time you submit a new class 3 paperwork resubmit the entire trust as ATF is getting VERY picky about trusts forms . Some are being rejected on basis of no assets listed on trust form and other minorly overlooked items can delay or terminate trust. (2)Best way to avoid usage of class 2 or 3 items by others than one listed is to file as a LLC or corporation,but these have to be legally filed corp. papers. This will allow multiple users access to said items but each individual has to be listed on corp. paperwork . Takes a little more paperwork but allows more freedom of use. Good luck!
 

black_ump

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Re: trust question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: KYshooter338$</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: black_ump</div><div class="ubbcode-body"><span style="color: #FF0000">no i wont be dead jack ass..</span>... but i dont want to go to the rang every single time he wants to touch my can off

i figured putting him in my trust would mean he could go to the range with my things encase i want to ...... stay home </div></div>

I now question your intelligence level. Probably is not a good idea to smart off to a MOD that can ban you for your poor choice of words.

On another note:

1) Yes you submit the entire trust every time you register an item with the ATF/NFA
2) Your brother can only take over the trust after you die. So no, he cant walk around with the registered items unless he is a trustee as well. But as stated, he can control the items along with you.
</div></div>

not smarting off... just saying no i wont be dead when i let him use these things...


here is the thing though nothing is changing on the trust, i had a usc as an sbr it got destroyed so iam going to another usc... i didnt put serials in the trust the first time so
 

KYS

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Re: trust question

So you have an unregistered item is what your saying? If you dont put the serial numbers in the trust then you need to edit that into the exhibit A or the trustees wont know what property you have in it. Nor will the ATF.
 

black_ump

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Re: trust question

well they signed the paper work idk what to tell ya man iam not the atf i dont make the rules up if they sign it then every thing must be in order

the trustees know exactly what i have in their.

iam not gonna play internet cop with ya, if i have to send another copy of the trust thats just what i will do even though nothing changes