Residency issues with NFA trust?

[interfan]

Has anyone had any issues with a trust where the states of residency are different for trustees? The Trust currently has two trustees, both Nevada residents. Trust is in Nevada and firearms stored in Nevada.

We want to add another trustee who is a California resident. The prospective California trustee was told by the ATF (he called them) that they don't approve NFA stuff for CA residents unless the get state DOJ permits first, and the current NFA items in the trust would also require CA permits. Granted, nothing could ever go to California due to state laws.

I have had a trust attorney consultation about this. He said that it is fine and the ATF person was misinformed. I don't know if the ATF takes issue with it from the practical side.

Has anyone ran into this?

[Iraqgunz]

FWIW- I have a trustee listed that resides in Cali as well and it was approved. Don't see why this is an issue. Nothing says that the trustee can't manage the items in another state. I think what you lawyer stated is correct.

[The Law]

Has anyone had any issues with a trust where the states of residency are different for trustees? The Trust currently has two trustees, both Nevada residents. Trust is in Nevada and firearms stored in Nevada.

We want to add another trustee who is a California resident. The prospective California trustee was told by the ATF (he called them) that they don't approve NFA stuff for CA residents unless the get state DOJ permits first, and the current NFA items in the trust would also require CA permits. Granted, nothing could ever go to California due to state laws.

I have had a trust attorney consultation about this. He said that it is fine and the ATF person was misinformed. I don't know if the ATF takes issue with it from the practical side.

Has anyone ran into this?

This should not be a problem. I have done previous NFA trusts for CA residents who had a NV co-trustee.

Why would ATF even know the residency of your trustees anyway? Addresses are not required in the trust.

[interfan]

Thanks. I guess my younger brother called the ATF and got bad information.

[Iraqgunz]

Thanks. I guess my younger brother called the ATF and got bad information.

So your brother called someone at ATF and they told him this? That explains it. It was bad info and as it was pointed out there is no way the state of residency would be known unless it was volunteered.

[interfan]

So your brother called someone at ATF and they told him this? That explains it. It was bad info and as it was pointed out there is no way the state of residency would be known unless it was volunteered.

Thank you for your insight. He also called the California DOJ's firearms office. They dispensed even worse information. They told him he would be guilty of a felony as a California resident by even "handling" NFA items out of state. They told him that California law applies to him "everywhere". His girlfriend is an attorney and she urged him to be cautious and call due to California's confusing and draconian laws. Calling to find out isn't bad advice, but I don't think she expected "them" to spout such misinformation.

I guess California sends its bureaucrats to North Korea for customer service seminars.

[Iraqgunz]

That is the stupidest thing I have heard in my entire lifetime. By that thinking that would mean that every California resident who travels to Nevada or Arizona and rents NFA items is guilty of a felony.

That is completely absurd and I would love for some moron in the Cali DOJ to show that to a lawyer in writing.

I would personally refrain from calling and talking to anyone.


Thank you for your insight. He also called the California DOJ's firearms office. They dispensed even worse information. They told him he would be guilty of a felony as a California resident by even "handling" NFA items out of state. They told him that California law applies to him "everywhere". His girlfriend is an attorney and she urged him to be cautious and call due to California's confusing and draconian laws. Calling to find out isn't bad advice, but I don't think she expected "them" to spout such misinformation.

I guess California sends its bureaucrats to North Korea for customer service seminars.

[The Law]

That is the stupidest thing I have heard in my entire lifetime. By that thinking that would mean that every California resident who travels to Nevada or Arizona and rents NFA items is guilty of a felony.

That is completely absurd and I would love for some moron in the Cali DOJ to show that to a lawyer in writing.

I would personally refrain from calling and talking to anyone.

Agreed. "Jurisdiction" appears to be a lost concept with California DOJ.

There is no issue with a California resident possessing and/or owning an NFA item, so long as it all occurs in another (NFA friendly) state.

[interfan]

It sure explains a lot of things about CA. The current head moron was the last attorney general.


That is the stupidest thing I have heard in my entire lifetime. By that thinking that would mean that every California resident who travels to Nevada or Arizona and rents NFA items is guilty of a felony.

That is completely absurd and I would love for some moron in the Cali DOJ to show that to a lawyer in writing.

I would personally refrain from calling and talking to anyone.

[RyanB]

I've seen a trust that was approved with a foreign national residing in a foreign nation as a trustee.

[interfan]

Agreed. "Jurisdiction" appears to be a lost concept with California DOJ.

There is no issue with a California resident possessing and/or owning an NFA item, so long as it all occurs in another (NFA friendly) state.

Just sent you a PM.

[The Law]

Just sent you a PM.

Got it. Email sent.

[interfan]

Got it. Email sent.

Thank you. $199 is well worthwhile for a trust done right.

[Rider79]

They told him he would be guilty of a felony as a California resident by even "handling" NFA items out of state. They told him that California law applies to him "everywhere".

That would be funny if I didn't know it was true. I have PA residents on my trust and I've had no problems through several NFA items. If you're in NV you should definitely use The Law for your trust needs.