Nfa question for attorneys

[wcjmt]

TAZ, your questions are the heart of this discussion. I have clients waiting, I will get back with some perspective from the attorney side latter this morning.

Thanks

[wcjmt]

TAZ, your questions are the heart of this discussion. I have clients waiting, I will get back with some perspective from the attorney side latter this morning.

Thanks

[wcjmt]

So, now legal theory has to meet up with reality, this is always the fun part working with clients. Your attorney can tell you what the legal rules are, now we have to live with them. This is the area I have been trying to talk about in the previous posts. The practical, real life side is you prepare and plan for what you can and then use your common sense.

People want me to give them black and white answers, unfortunately when people are involved I cannot always do that. Your questions are the real life practical application. My trust is drafted with myself and wife as Trustees, we are covered. My kids are gone, but listed in the trust as beneficiaries, again I am comfortable with that. My trust names the kids as successor trustees, I die they don't have a problem, no new form 4s, etc. My trust provides for a trust protector, a person with the power to modify an irrevocable trust ( which my revocable trust becomes when I die) to accommodate changes I don't know about now. My trust allows me to appoint a special trustee for a limited time. If my buddy comes for the week of shooting gophers with the suppressor on the .17, I make him a special trustee for the week, problem solved.

Practicality kicks in at some point, we have dinner guests over, I am not worried about it. The cases (including the cite I posted yesterday)generally show a requirement for knowledge, access, etc. for constructive possession to kick in. My dinner guests, I don't worry about, the guy riding in my Truck and in arms reach of the gun, and maybe shooting the gun, I like being able to make a special trustee for the week.

Do what you can to prepare, take a deep breath and use some common sense. These problems then become an insignificant risk. From my side, I have a duty to my client to discuss and plan for problems, however theoretical. Courts generally apply a "reasonable person" standard to their evaluations. Learn the rules, apply common sense and be reasonable. If your actions and behavior match that, you have little to worry about.

You are on the right track.

[threeheadeddog]

Forgive my ignorance, I am currently in the starting stages of creating a trust(have contacted a lawer, finished filling out questionare). You mention adding a trustee for a week. My question is what form does a trust take after it is made. Is it a piece of paper at my house, a legal document held by the lawer, something else? When I go to add a trustee do I simply scribble in the name and dates the person will be a trustee? Do I have to get it notorized, ect?

Realize that at this time a "trust" is little more than an abstract thought to me with no form. I have previous individually owned NFA items, they all have papers attached to them. This trust thing is simply foreign to me.

[wcjmt]

The trust is a written document that you keep with you and a copy with you when out with the NFA item. My trusts are set up to allow addition of a special trustee with a one page form signed by the current trustee. That addition then goes with the original trust with theNFA item if the special trustee is using it. The lawyer drafting the trust should be able to walk you through the operational details. Really pretty simple.