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View Full Version : What should I do? I left out the "revocable living" part



hottnucks
12-08-10, 22:19
I have a tax stamp and an SBR via the trust route. When I got the receiver engraved I omitted the "Revocable Living" part of my trust name. I even put on the form 1 that I was going to do this. In box 4H I put "XXXXXX Trust". However, in section 3b it says "XXXXXX Revocable Living Trust." Now I know I could just get the receiver re-engraved, but what I want to know is can I change the name of my trust and pay a $200 transfer fee? Either way this is gonna be a pain in the ass. Any guidance is appreciated, I just want to make this right.

koz
12-09-10, 10:30
I'd certainly talk to an attorney about it.

You might look into a letter of marking variance as spelled out in the ATF handbook part 7.4.4.

TriumphRat675
12-09-10, 11:25
Obviously you should have had everything match up from day one. But, if this is something you are really worried about (and it doesn't appear to have bothered the BATFE) your trust, if properly prepared, should give you the ability to make any changes to it you, as settlor/grantor, see fit. You should be able to just attach an amendment to the trust changing its name and then send BATFE a notification letter referencing the SBR's serial number and telling them what the name change is. Tell them that the trust's name is being changed and what the change is; no need to explain why. I would also send in the trust and its amendment with the letter. This will make the SBR engraving match the trust name exactly without jumping through any transfer or re-engraving hoops.

I changed the name of my trust to make engraving easier and this is how I did it. I don't have the form 1 back yet, but barring bureaucratic snafus, I am unaware of any reason this shouldn't work.

I do not guarantee that this will work or perfectly follows the letter of the law, use at your own risk, ask an attorney in your state, I'm not your lawyer, etc.

But it's probably good enough for government work.

usmcvet
01-05-11, 22:22
So what did you find out?

KimberMike
01-06-11, 14:05
I am no lawyer, but in my opinion you don't need to do anything. So long as you have engraved whatever is in box 4h it will be fine.

I have in box 3b my trusts full name as "John Smith Doe Revocable Living Trust". In box 4h I simply have "J. S. Doe Trust" and that is what I had engraved on my lower. If your form was approved as it is, the ATF knows what you had engraved onto your firearm and is ok with it.

I personally wouldn't worry about it, as you let them know exactly what you were going to engrave and exactly what your trust's name is. They approved it.