Would you go individual or trust in this situation?

[georgeib]

If you want to add another NFA item to the trust at a later date, would they all have to go through the background check for the new item?

No, because you have added them with an addendum page that you will remove while applying.

You can add and remove people from a trust at will. In Georgia, it isn't even necessary to get the addendum notarized. So you add a page to the back of the trust with any additional trustee or beneficiary, and remove that page(s) if you would like to remove that trustee(s).

ETA: Alternately, you can have the additional trustees and/or beneficiaries in the trust, and then use an amendment page at the back of the trust to remove them for the purpose of applying.

[Bret]

Keeping in mind that I believe that the NFA is BS including machine guns, the ATF is probably the last organization I'd mess with by doing something like that. They could make the case that one was intentionally adding and removing trustees to avoid background checks and they'd pretty much have everything they'd need to convince a federal jury. Look at what happened to Larry Vickers. He followed all of their regulations, but they still nailed him. That's not something that I think is worth the risk, but best of luck to anyone who does so.

[georgeib]

Keeping in mind that I believe that the NFA is BS including machine guns, the ATF is probably the last organization I'd mess with by doing something like that. They could make the case that one was intentionally adding and removing trustees to avoid background checks and they'd pretty much have everything they'd need to convince a federal jury. Look at what happened to Larry Vickers. He followed all of their regulations, but they still nailed him. That's not something that I think is worth the risk, but best of luck to anyone who does so.

The preceding advice I wrote is from an NFA trust attorney from whom I bought my trust, and I believe may be detailed on their website. https://nfalawyers.com/

[Bret]

I think this is the particular part that you're referencing.
https://nfalawyers.com/new-41f-updat...wyers-clients/

Lawyers can tell you how to navigate a process, but taking their advice doesn't get you a get out of jail free card. If you follow a lawyer's advice and end up in legal trouble, will that lawyer pay all of your legal fees and tell the court that they gave you the advice that led you to be in the situation? Larry Vickers no doubt received advice from lawyers regarding how to navigate the ATF's regulations. In the end, he still got charged. Amending and shredding an amendment to a trust for the purpose of avoiding background checks for those in the trust seems like a bad idea because one of the primary purposes of 41F was to require background checks for everyone in a trust. It doesn't matter that nobody would have failed the background check anyway.
None of the machineguns that Larry Vickers got imported were used for nefarious purposes. I think someone doing this is messing with fire. The ATF has unlimited funds and has demonstrated that they don't really care about the letter of the law. So, I wouldn't do it but wish the best of luck to anyone who does.

[mig1nc]

This is one more reason I started doing single shot trusts.

None of those worries about adding items and modifying the individuals.


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