Moving state to state with NFA Items on an LLC

[rjacobs]

Wasnt sure exactly how to title this thread.

I am finally to the point that I am going to be able to afford to pick up an SBR and a can in the near future. My plan is/was to put these items on my LLC due to my sheriff's unwillingness to sign Form 4's.

I am looking at a possible move to Florida in the next year if the stars align and I know Florida is an NFA friendly state so no real problems there.

If I had them as an Individual in Missouri and went to Florida, my understanding is its as simple as submitting a change of address form to the ATF.

My question is, if I move from Missouri with NFA items on an LLC, down to Florida and either put them on an LLC/Trust/individual down there, what is the process at that point? Do I have to transfer them to the new entity and thus pay another $200 tax per item? If this is the case do they have to go from SOT to SOT and thus be subject to whatever transfer fee's are associated with that(thinking $100 on each end per item since NFA transfers around STL seem to run $100 a piece)? If all that is the case I would be looking at 600+ bucks just to transfer said items.

If the above, which may or may not be correct, is correct, then it almost makes sense for me to just wait until I make the move and then pickup the items so I only am paying the tax stamps once(and not paying for NFA transfers). Or it makes sense to try to get my sheriff up here to sign the Form 4's so I can then just fill out a change of address form and be on my way.

Is my thought process really jacked up here?

[scottryan]

So I take it you don't have any NFA, yet?

If that is correct, I would wait until you move to FL and then start buying NFA with whatever method (individual/trust/corp) you deem appropriate.

[rjacobs]

correct, I have no NFA yet.

My issue is the move will only take place if the stars align just right, otherwise I will be staying put for a few more years and would go ahead and buy said items in Missouri and have a few years to deal with it.

Lets be hypothetical and say I did already have NFA items under an LLC in Missouri. What would be my course of action then?

[Iraqgunz]

Instead of overcomplicating this thread and drawing it out, why not use a trust to begin with? Are they legal in Missouri? Save yourself the headache and just do it.

[rjacobs]

Instead of overcomplicating this thread and drawing it out, why not use a trust to begin with? Are they legal in Missouri? Save yourself the headache and just do it.

They are legal in Missouri. I guess I was thinking a trust is setup in a state and is not transferable to another state, but I guess its not. I havent really looked into trusts at all because they were not legal in Missouri until last month when they removed the FFL requirement for NFA. That is why I have an LLC setup, even though I havent done anything with it.

I am trying to get in touch with my sheriff again to see if I can get him to sign the forms seeing as how the law is now changed he may be more willing to sign forms. If he does, its just a simple address change when I move to another NFA friendly state.

[CleverNickname]

There shouldn't be a problem with the LLC possessing those guns out of state as long as it continues to meet Missouri's requirements to stay in good standing. Typically this means keeping a registered agent in Missouri and filing whatever tax returns are required. I'd just use a trust if I had the choice.

[rjacobs]

There shouldn't be a problem with the LLC possessing those guns out of state as long as it continues to meet Missouri's requirements to stay in good standing. Typically this means keeping a registered agent in Missouri and filing whatever tax returns are required.

I dont know if I am going to agree with that.

From what I understand the location where the NFA items are kept is supposed to be the same as the legal location of the LLC. If you fill out the form for traveling with them you are limited to a certain amount of time I believe before you have to declare it a permanent move and thus be subject to moving the LLC. Moving an LLC isnt a problem as long as you keep the same EIN, but Florida LLC's are expensive as hell to maintain(where as Missouri was $50 to start and no yearly fee).

I have been reading up on the Trust's and if my sheriff wont sign the forms(still waiting to hear back), I will just form a trust. Its very easy to move the trust from one state to another and they basically just became legal in Missouri and they are legal in Florida. Seems WAY easier than trying to jack with this LLC non-sense that we had to put up with in Missouri prior to the end of August.