SBR Trust lower better than a name & address SBR lower?

Lawdog-1 · #1 07-30-11, 10:16

I would like to know if I convert a AR15 lower to a Trust insteed of a name & address lower? what are the + and - of them?

usmcvet · #2 07-30-11, 11:15

You don't need prints, photos or LE to sign off.

I added my wife and son to my trust so they can use the weapons w/o me when necessary.

LonghunterCO · #3 08-01-11, 20:01

Quote:

Originally Posted by usmcvet

You don't need prints, photos or LE to sign off.

I added my wife and son to my trust so they can use the weapons w/o me when necessary.

Although not needing to get the sign off of LEO is usually sited as the main reason for a trust, I consider this to be the biggest advantage of the trust. I have two little ones that will eventually be added to the trust and they will then have use of my NFA items.

-I know a guy out here who has even gone to the expence of transfering his individual NFA items over to a trust that lists both he and his Dad so either can go shoot without the other to the range and shoot.

usmcvet · #4 08-01-11, 20:24

Yeah adding the kids was huge for me. I have my son I was there already with language making him a trustee at either 18/21 I can't remember.

davidjinks · #5 08-02-11, 19:34

Quote:

Originally Posted by Lawdog-1

I would like to know if I convert a AR15 lower to a Trust insteed of a name & address lower? what are the + and - of them?

If I'm understanding you correctly…You want to register your lower as an NFA?

I went the trust route for a couple reasons.

First and foremost…I went to my CLEO originally to do an SBR and he refused to sign. Said that only cops and gov should have those.

Second…A trust has no pictures or prints.

Third…My family are trustees and beneficiaries. This way if anything happens to me, my NFA items will never disappear.

Fourth…The trust route is, in my opinion and that of non trust users, faster in turn around time from the ATF.

Your lower still needs to be engraved with your trust name and city.

I personally wish I knew about the "Trust" years ago. I would have had all my goodies already set up. Now I'm playing catch up…

I don't think you will regret going this route. You can either do it yourself with a few different computer programs or you can go the route I did, lawyer.

Going the lawyer route got me a guaranteed no BS trust that is bomb proof and an attorney for life.

Lawmaker · #6 08-03-11, 17:47

I agree with everything said above. I did a trust for these reasons also. Wife and children are on the trust also.

Additionally not mentioned on the lower topic is less engraving. Instead of:
John Doeraeme
Nowhereville, NC

You can have:
Tactical Trust
Nowhereville, NC

In theory this could sway the likely hood that you were able to sell the lower if there was case that you had to. Since something with your name on it would be harder to sell. You can name the trust whatever you want.

Also if you are still considering a purchase you can buy a factory SBR lower that does not need any additional markings.

markm · #7 08-05-11, 12:42

Quote:

Originally Posted by munch520

Talked to a local lawyer at length about this and he said the 'gun trust lawyers' are basically ripping people off.

There's no shit about it!!!

There are goobers here who paid 600 friggin dollars to have an NFA trust drawn up.

No one gives a shit about the trust... as long as you have your F1 or F4 you're fine... and I've yet to come across anyone who gives a shit about those... even my local PD couldn't have cared less when they were snooping around my guns.

et2041 · #8 08-05-11, 13:12

Quote:

Originally Posted by munch520

Talked to a local lawyer at length about this and he said the 'gun trust lawyers' are basically ripping people off.

He says for NFA items, he tells people to do an LLC. Only reason to get a lawyer involved at that point is if there's going to be more than one buyer. This is an honest lawyer saying this...no need to use Quicken Will, or a sample trust form, or a lawyer. Period.

Just go to secratary of state's website, print form to file LLC, and send in form with $125 (in Ohio) and you get the charter in 2 weeks. Attach that to a form 4 and you are good to go. And there's no yearly fee or tax for the LLC. If it does have income, just report it on personal tax return, section C.

Have you tried this yet?

munch520 · #9 08-05-11, 13:33

Talked to a local lawyer at length about this and he said the 'gun trust lawyers' are basically ripping people off.

He says for NFA items, he tells people to do an LLC. Only reason to get a lawyer involved at that point is if there's going to be more than one buyer. This is an honest lawyer saying this...no need to use Quicken Will, or a sample trust form, or a lawyer. Period.

Just go to secratary of state's website, print form to file LLC, and send in form with $125 (in Ohio) and you get the charter in 2 weeks. Attach that to a form 4 and you are good to go. And there's no yearly fee or tax for the LLC. If it does have income, just report it on personal tax return, section C.

ccosby · #10 08-05-11, 15:20

Quote:

Originally Posted by munch520

Talked to a local lawyer at length about this and he said the 'gun trust lawyers' are basically ripping people off.

He says for NFA items, he tells people to do an LLC. Only reason to get a lawyer involved at that point is if there's going to be more than one buyer. This is an honest lawyer saying this...no need to use Quicken Will, or a sample trust form, or a lawyer. Period.

Just go to secratary of state's website, print form to file LLC, and send in form with $125 (in Ohio) and you get the charter in 2 weeks. Attach that to a form 4 and you are good to go. And there's no yearly fee or tax for the LLC. If it does have income, just report it on personal tax return, section C.

I paid 200 bucks to have a lawyer experienced with nfa draw up my trust. With it I don't need to worry about anything extra with taxes or changing information if I move.

Both ways have advantages and downfalls.

Todd.K · #11 08-05-11, 19:21

Quote:

Originally Posted by Lawmaker

Also if you are still considering a purchase you can buy a factory SBR lower that does not need any additional markings.

There is no such thing as an "SBR" lower. An SBR is a rifle with barrel less than 16".

If you are worried about the markings on the lower you can,
1 Engrave the barrel.
2 Buy a factory SBR.

Iraqgunz · #12 08-05-11, 19:41

In some states corporations and LLC's have to file certain documents that are public (I could be wrong). In theory this means that some COULD get information.

A trust is essentially private (at least in my state), and is less complicated.

All the different methods have their pros and cons.

Quote:

Originally Posted by munch520

Talked to a local lawyer at length about this and he said the 'gun trust lawyers' are basically ripping people off.

He says for NFA items, he tells people to do an LLC. Only reason to get a lawyer involved at that point is if there's going to be more than one buyer. This is an honest lawyer saying this...no need to use Quicken Will, or a sample trust form, or a lawyer. Period.

Just go to secratary of state's website, print form to file LLC, and send in form with $125 (in Ohio) and you get the charter in 2 weeks. Attach that to a form 4 and you are good to go. And there's no yearly fee or tax for the LLC. If it does have income, just report it on personal tax return, section C.

VLODPG · #13 08-05-11, 19:58

Quote:

Originally Posted by Todd.K

There is no such thing as an "SBR" lower. An SBR is a rifle with barrel less than 16".

If you are worried about the markings on the lower you can,
1 Engrave the barrel.
2 Buy a factory SBR.

Thank You Todd

1 & 2 is what I'm doing.

munch520 · #14 08-05-11, 21:48

Quote:

Originally Posted by Iraqgunz

In some states corporations and LLC's have to file certain documents that are public (I could be wrong). In theory this means that some COULD get information.

A trust is essentially private (at least in my state), and is less complicated.

All the different methods have their pros and cons.

Right on...I'm not aware of the downfalls of that info possibly being public? Are there any?

Todd.K · #15 08-06-11, 12:31

Quote:

Originally Posted by munch520

Right on...I'm not aware of the downfalls of that info possibly being public? Are there any?

Target for theft.

Fireglock · #16 08-06-11, 13:16

Quote:

Originally Posted by Iraqgunz

In some states corporations and LLC's have to file certain documents that are public (I could be wrong). In theory this means that some COULD get information.

A trust is essentially private (at least in my state), and is less complicated.

All the different methods have their pros and cons.

In addition paperwork has to be filed yearly with a fee, $135.00 in Florida, and if it's late there's a $400.00 penalty. Better have a good memory because if it goes into administrative default you suddenly have no LLC and you're sitting on an illegal weapon.

Every state is different so make sure you know all the implications before you go LLC.

Iraqgunz · #17 08-06-11, 13:37

Todd.K and Fireglocks' points are one of the main reason why I personally will not do the LLC/ Corp thing. For others it may make some sense.

munch520 · #18 08-08-11, 12:01

Quote:

Originally Posted by Fireglock

In addition paperwork has to be filed yearly with a fee, $135.00 in Florida, and if it's late there's a $400.00 penalty. Better have a good memory because if it goes into administrative default you suddenly have no LLC and you're sitting on an illegal weapon.

Every state is different so make sure you know all the implications before you go LLC.

This is exactly what I asked the lawyer I was talking to. He smiled and said..."internet forums". Apparently he had been asked this before. I love M4C and appreciate the info it provides, previous statement was not meant to bash said forums. (Obviously this pertains only to Ohio) but here there is a one time filing fee with the SOS and after that there's no tax/fee unless that LLC incurs some sort of income...which is obviously not going to happen.

Quote:

Originally Posted by Todd.K

Target for theft.

That is the key for consideration, in my case

turdbocharged · #19 08-10-11, 14:50

Is a trust, a trust, a trust? I know weird question but I have a "trust" I think that my wife set up for us in case we pass away with plans on how to distribute our "estate"(which isn't much btw). I must confess that I don't remember the details of what she set up, other than who is in charge of our belongings after debts are paid.

Can I use this "trust" for any NFA items? I am asking here because I feel uncomfortable asking the lawyer who set up our trust about this since she works with that firm.

usmcvet · #20 08-10-11, 15:32

Quote:

Originally Posted by turdbocharged

Is a trust, a trust, a trust? I know weird question but I have a "trust" I think that my wife set up for us in case we pass away with plans on how to distribute our "estate"(which isn't much btw). I must confess that I don't remember the details of what she set up, other than who is in charge of our belongings after debts are paid.

Can I use this "trust" for any NFA items? I am asking here because I feel uncomfortable asking the lawyer who set up our trust about this since she works with that firm.

It would work but who are the trustees? They will be the people allowed to possess the NFA weapons. I would just look at the one you ha. That is meve copy most of it and change what is necessary. That is me. But I am nit a lawyer

.