Gun Trust Advice

[HanYolo]

I need some direction and my Google efforts left me with more questions than answers. I have one NFA gun in my possession that is already stamped. My adult son wants me to build an SBR for us to share and this probably won't be the last NFA item we add over the next 10 years or so. I'm guessing a gun trust is the logical step but I want to make this logical and easy.

My research leads me to follow this order:

1) get a trust with my current NFA item listed and myself as the sole trustee (leaving my son off of the trust for now),
2) add the SBR to the trust,
3) apply/receive the stamp on the SBR and assemble it
4) add my son as a co-trustee

Does that sound like the easiest and most logical play?

Any guidance is appreciated and no responses will be deemed legal advice or service.

Thanks, Brian.

[MegademiC]

You could just put your son on the trust right up front.
If you want your current device on the trust, I believe you will have to pay transfer fee, but moving forward, apply directly to trust for both of you.

[223to45]

You will have pay a $200 Tax to transfer from you to a trust.

Weather you add your son now or later, I dont think it matters, all the same paper work will still need to be sent in either way.

Sent from my SM-G930V using Tapatalk

[Bret]

Keep in mind that everyone in the trust now has to go through the background check when you add a new item to the trust. The only time that the trust will be beneficial is when he needs access and you're not there. SBR's don't cost that much, so you might consider buying one for yourself and your son buying his own. Machine guns are more expensive, so they're more likely to be worth the hassle of the trust assuming you'd want another to shoot one if you were not around.

[jack crab]

Leave current NFA as is. Or pay $200 to transfer to trust.

Create trust. Put lower/rifle in trust. Form 1 SBR it. If you SBR and then trust, that is $200 x 2 transfers.

Is your son an minor or adult?

Also, be careful. A lot of online, Silencerco trusts, etc. terminate upon the death of the creator. You will want one drafted to survive the death of the creator if you want your son, as trustee, to continue use/"ownership" of the SBR.

[Smokin338]

As some have stated... The best course of action is to have just 1 person be point (Grantor) and then after approval amend said Trust to add any one else to the Trust. Saves you quite a bit of money and time (more people the more background checks need to be done)!

Also if you hypothetically never built said SBR ;) , you could cancel said stamp and get a refund. Then resubmit for a new stamp under the Trust...

[Bret]

Also if you hypothetically never built said SBR ;) , you could cancel said stamp and get a refund. Then resubmit for a new stamp under the Trust...
Yep. I've done it. Just don't expect the money back for a long time. I'm going on a year and a half right now waiting for a refund. I do wonder what would happen if you cancelled one and resubmitted shortly. The new submission might be evaluated before the old stamp was cancelled. Then what would they do?

[Smokin338]

Yep. I do wonder what would happen if you cancelled one and resubmitted shortly. The new submission might be evaluated before the old stamp was cancelled. Then what would they do?

I've pondered the same thing myself... but from various interviews and documentaries I've seen on the ATF. They are an analog agency in a digital world, there are laws in place that won't allow them to computerize and make things more efficient! For them to fact check anything, it's all done by hand and paper. It's probably the reason why any Forms with them take so damn long.

[DaBigBR]

I have used and recommend NFAlawyers.com. He charges $100 and sends you your trust and all necessary forms within a day or two. Included is an amendment that ATF will accept that you can use to temporarily remove trustees. The greatest "feature" to me is that this is an attorney with a lot of NFA experience, so if there is some issue, he will deal with it. I had a colleague use him who had some issue that delayed his processing with ATF. Rather than have to try to figure it out on his own with a free trust template, he forwarded everything to the attorney, who handled it.