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Suppressors Trust Questions

toddconley

Gunny Sergeant
Full Member
Minuteman
Feb 16, 2007
1,002
1
48
Kentucky
Can someone direct me to a link here or school me a on a trust for a can. I am about to buy one and I know nothing about the trust. If I should do it this way. If I qualify for this or anything else for that matter. This will be my first can and I want to do it correctly the 1st time.
Thanks in advance,
T
 
Re: Trust Questions

Have you done a search? There are tons of threads regarding trusts and LLC.
Check out silencertalk.com they have a lot of good info available. Or search out the few SOT holders here and ask them.

I used Apple Law Firm in FL to do my trust. The only way I would have it done.
 
Re: Trust Questions

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Lazy21</div><div class="ubbcode-body">follow all these steps except the shipping address and you'll be gtg


http://www.86th.org/?id=nfa-trust </div></div>


Good link, bookmarked
smile.gif
 
Re: Trust Questions

Whatever you do, have an attorney do it for you. Like you said, do it right the first time.
 
Re: Trust Questions

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: head2h2o</div><div class="ubbcode-body">Whatever you do, have an attorney do it for you. Like you said, do it right the first time. </div></div>

I dont want to get into the details because it takes forever but go with a lawyer written trust. Yes, you will pay for it but the language and document are air tight. Better safe then sorry.
 
Re: Trust Questions

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 737SHARK</div><div class="ubbcode-body">Buy quicken trust maker

Easy follow steps </div></div>

And while you are at it, get the Quicken Heart Surgery Made Easy software too. Makes doing a triple bypass as easy as following the steps.
smirk.gif
 
Re: Trust Questions

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Mudcat-NC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 737SHARK</div><div class="ubbcode-body">Buy quicken trust maker

Easy follow steps </div></div>

And while you are at it, get the Quicken Heart Surgery Made Easy software too. Makes doing a triple bypass as easy as following the steps.
smirk.gif
</div></div>

I once took a guy's appendix out with a grapefruit spoon
wink.gif
 
Re: Trust Questions

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Mudcat-NC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 737SHARK</div><div class="ubbcode-body">Buy quicken trust maker

Easy follow steps </div></div>

And while you are at it, get the Quicken Heart Surgery Made Easy software too. Makes doing a triple bypass as easy as following the steps.
smirk.gif
</div></div>

Don't be a hater. Most trusts are boilerplate, especially if they are only holding class 3 items for one trustee, they are very simple. I'd guess there are tens of thousands of legal Quicken trusts out there that the ATF has deemed acceptable.
 
Re: Trust Questions

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jasonk</div><div class="ubbcode-body">
Don't be a hater. Most trusts are boilerplate, especially if they are only holding class 3 items for one trustee, they are very simple. I'd guess there are tens of thousands of legal Quicken trusts out there that the ATF has deemed acceptable. </div></div>

Folks can do what they want, but anyone that thinks whipping out some boilerplate is a really smart way to go about messing with Club Fed toys, well, have at it. While we're at it, might as well have Quicken whip out some contracts, deeds and separation agreements...they are all just boilerplate too...right? Oh, btw, every state has its own laws about whether or not you can old C3 goodies. NC, for example, has some lovely ones that say you cant...with some gray area exceptions.

But hey, who am I to argue with the braintrust at Quicken! Just be sure to use at your own risk.....now, where did I put that damn grapefruit spoon...I got an appendix to remove......

 
Re: Trust Questions

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Mudcat-NC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jasonk</div><div class="ubbcode-body">
Don't be a hater. Most trusts are boilerplate, especially if they are only holding class 3 items for one trustee, they are very simple. I'd guess there are tens of thousands of legal Quicken trusts out there that the ATF has deemed acceptable. </div></div>

Folks can do what they want, but anyone that thinks whipping out some boilerplate is a really smart way to go about messing with Club Fed toys, well, have at it. While we're at it, might as well have Quicken whip out some contracts, deeds and separation agreements...they are all just boilerplate too...right? Oh, btw, every state has its own laws about whether or not you can old C3 goodies. NC, for example, has some lovely ones that say you cant...with some gray area exceptions.

But hey, who am I to argue with the braintrust at Quicken! Just be sure to use at your own risk.....now, where did I put that damn grapefruit spoon...I got an appendix to remove......

</div></div>


Quicken has been filing private and business tax returns annually for millions of customers for about a decade now. Not to mention their other applications with federal ties (Their property management software suite comes to mind).

I'd say if you're an intelligent person and are computer savvy enough to file your taxes online or execute an amicable marriage dissolution online then sure, go with the most cost effective route.

smile.gif


I'm pretty savvy with computers and whatnot (working in engineering for a living) but I'm still going to use a lawyer simply because there is one who offers a discount to the members of my gun club and I'm planning on multiple class 3 items and what the press would consider "A stockpile" of firearms and ammunition setup to seamlessly pass to my wife / son when I'm gone.
 
Re: Trust Questions

A buddy of mine had done a Quicken trust successfully.

So I got a copy of his and edited it for my situation. He was married with kids and I am married with no kids, but I have some first cousins who can be beneficiaries, so it was really almost as simple for me as changing the names around.

Caveat: I was a legal secretary when I was in college and I had my mother, an attorney (but not a trust attorney) review my trust.

Now my only reason for creating a trust was because I had moved to a county where I had heard that the sheriff would not sign off. I live in TN where we have a law requiring the CLEO to sign, but I had read many places that the district attorney in my new county of residence was recommending the sheriff not sign and also arrest those in possession of NFA items, even though the state law reads basically that all NFA type items are illegal in TN but the affirmative defense is having ATF registration on said items. I had moved here from a big metropolitan county where the chief of police knew the deal and signed off no problem and I had F4s with autographs from three different chiefs. But in the big city I was anonymous whereas in the small town I was paranoid about people knowing what kinds of stuff I had in my safe. And I didn't want to start any crap with law enforcement even when I knew I was right. So that is my motivation for creating a trust: to follow the law to the letter - not to violate the law.

So I had a couple of items transferred into my trust back in 2008. Then I started reading all of these articles about ATF declaring trusts as invalid, even if they had previously approved transfers. And they were going after those with approved tax stamps for possession of unregistered title II weapons. So I was paranoid when I sent in another F4 back in March. Well, they approved another one for me so my trust must be valid.

However, paying a trust attorney to do it for you is certainly not a bad idea.
 
Re: Trust Questions

Seriously, for what you spend in NFA items and the taxes, what is another $400 to $500 to make sure that it is done right without question. I would not want to answer to ATF or anyone else about having done a trust myself. Let a professional make sure it is done correctly.
 
Re: Trust Questions

I have a TRUST set up and have purchased one NFA weapon on same however after doing more research I will probably not use it anymore unless the Federal & State laws are clarified. Check on the laws relating to the use of the TRUST in your state and talk with several different Class 3 dealers and get their opinions on using same. If you can obtain the needed signature from the local Sheriff or Police Chief that is the route I would take.
 
Re: Trust Questions

I have a trust and paid an attorney.

For suppressors, I don't think it matters but if you think you might get a machine gun, short barreled rifle, short barreled shotgun, or a distructive device. A trust can be nice.

For these NFA Firearms, there is required paperwork to take them out of your home state that you don't have to do if they are in a trust or held by a corporation. (If I remember correctly)http://www.atf.gov/forms/download/atf-f-5320-20.pdf

Also as my wife is part of the trust, she can have control of these items. This works for me, but may not for everyone.
 
Re: Trust Questions

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: dead-bird</div><div class="ubbcode-body">
Also as my wife is part of the trust, she can have control of these items. This works for me, but may not for everyone. </div></div>

We went the corporate route (we're both officers) but We might do a trust through an attorney, for the next ones. It'll be pretty pricey for me if we sell the corporation, If I keep going at the rate I'm buying and have to transfer the stuff out before the sale.

It may not mean much, but having an attorney deal with affairs that they're familiar with is worth every penny. If they take your money for a service and something goes wrong they're kinda obliged to stand behind their work. Someone with specific legal knowledge can be indispensable in most matters where money or the Man are involved.

I'm not an attorney, but I've been in quite a few situations where you'd figure the rules were the rules and found out that the rules aren't necessarily the rules depending on who's interpreting the rules and applying the rules to the particular situation, turns out the rules are guidelines and how they apply to your situation depends on how convincing each side is to a panel of people often pissed that they have to sit on the jury, or worse yet, the "protectors of society" that love to sit on juries and get off on screwing some poor dude dead for a slight error in judgment that was easily forgiven. I've testified at a few trials and it's spooky how unreliable the outcomes can be.

The law is complicated on purpose. I've called my state AG's office to get an interpretation on a recent statute and the response was "We don't provide that information to the public, if you have a question about the law you should contact an attorney" Pretty scary coming from the people that might end up prosecuting you for something like a weapons violation.

The bottom line is they <span style="text-decoration: underline">can</span> do whatever the hell they want (some dude just got 15 years for having a 9mm round in his pocket (look it up on the BATFE website), sure he was a repeating douche-bag, but come on!) and unless you have a shit load of dough to cover your ass on the back end, the $300-600 up front is well worth the money. A good friend of mine is a kick-ass defense attorney. Her fee is $25k win or lose, whether it takes her ten months or ten minutes and you don't get change.

I'm just sayin'