Did the ATF Open the Door for Manufacture of New Machineguns for trust?

[Velcro]

http://bearingarms.com/great-time-bu...ew-mgs-trusts/


Velcro

[Iraqgunz]

http://www.everydaynodaysoff.com/201...g-machine-gun/

[Koshinn]

Read the source article: http://blog.princelaw.com/2014/05/14...ns-for-trusts/

It spells it out.

TL;DR - The GCA does not define a trust as a person. Therefore when transferring a firearm to a trustee, a NICS check must be performed on the actual person picking up the firearm. A corporation, for example, would not have to have its agent/employee/owner NICS checked when said agent/employee/owner picks up a firearm from an FFL. On a different note, the GCA bans persons from owning and transferring a post-86 machine gun unless invovled with the government in some way and authorized as such. As trusts are not persons, they are not banned from owning/transferring a post-86 MG.

I am just reiterating what the article wrote, this is not legal advice. Don't go after me if you get arrested for feloniously owning a MG.

[Velcro]

...So we can file for a MG through our Family Trust, as of now?


Velcro

[Koshinn]

...So we can file for a MG through our Family Trust, as of now?


Velcro

Maybe.

Only transfer, not making, as far as I've read. I haven't checked the laws myself in years and I won't have time for a while.


ETA: Nevermind, making should be allowed as well by a trust, if a Form 1 is approved of course.

[Velcro]

so like an existing Post Sample?

[OMEGA9000]

Someone sign me up for an HK 416 and MP7


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[Koshinn]

so like an existing Post Sample?

I'd try that, yeah. Find a class3 dealer in town who has a few post samples that he wouldn't mind testing the law with because FREEDOM and see if he will sell you one for cheap.

[Koshinn]

Title 26 US Code section 7701:
"(a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof—
(1) Person
The term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation. "

Title 26 deals with SOT and tax on making and transferring firearms. It's the NFA.

Title 18 US Code section 921:
"(a) As used in this chapter—
(1) The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company."

Chapter 44 includes 18 USC §§ 921-931. Notice the word "trust" is missing in the definition of "person". Included in Chapter 44 is the requirement for background checks on firearm transfers from dealers.

Title 18 US Code section 922:
"(o)
(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to—
(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect."

[edvin70]

I'd try that, yeah. Find a class3 dealer in town who has a few post samples that he wouldn't mind testing the law with because FREEDOM and see if he will sell you one for cheap.

I'm on my way to my dealer to sign a Form 4 on a new can that just arrived ... I am going to try this very thing.