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Thread: Question on Form 1's and Trusts

  1. #31
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    I'll be mailing it out probably tommorrow, so I guess we'll see in a few weeks whether the ATF cares one way or the other.

    It's the government. Who knows?

  2. #32
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    can ask your examiner what he wants to see.

  3. #33
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    Quote Originally Posted by SuicideHz View Post
    That's funny because logic would tell me that they shouldn't be in the Schedule A since it is supposed to list items owned by the trust. Until the form is returned, the SBR doesn't even exist.

    But nice to hear they didn't complain about this and return a form to you!
    I added my stuff to the schedule A before I sent it the last two times. All I list is the original manufacturers name and serial number with no other details. They seem to be fine with it; they've seen it twice and haven't come calling.

  4. #34
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    Yes. You can also drive 70 mph in a 55 zone. There are a lot of things you can do "not quite right" and it not really matter.

    I'm trying to explain the right way to do this. If you have an examiner that doesn't seem to mind then good for you.

    There may come a day when they are instructed that this will not do and you will be delayed and have to resubmit. Trust me, it's not fun to receive ALL of your paperwork back with a new set of forms to fill out!

  5. #35
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    Quote Originally Posted by SuicideHz View Post
    Yes. You can also drive 70 mph in a 55 zone. There are a lot of things you can do "not quite right" and it not really matter.

    I'm trying to explain the right way to do this. If you have an examiner that doesn't seem to mind then good for you.

    There may come a day when they are instructed that this will not do and you will be delayed and have to resubmit. Trust me, it's not fun to receive ALL of your paperwork back with a new set of forms to fill out!
    That comparison is ridiculous.

    Why are you ASSUMING that what YOU were "told" is correct? People are told the wrong information all the time..... even directly from the ATF.

    The majority of people getting additional requests are those who have examiners wanting to see the Sch A.

    Sending in a non-updated trust doesn't even make sense. No one would ever really put any assets in their trust if that were the case.
    "You people have too much time on your hands." - scottryan

  6. #36
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    The Trust can own the rifle before it's a registered SBR. Just as it can own other property.
    Chief Armorer for Elite Shooting Sports in Manassas VA
    Chief Armorer for Corp Arms (FFL 07-08/SOT 02)

  7. #37
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    Quote Originally Posted by gotm4 View Post
    The Trust can own the rifle before it's a registered SBR. Just as it can own other property.
    But it doesn't exist!
    "You people have too much time on your hands." - scottryan

  8. #38
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    Quote Originally Posted by SuicideHz View Post
    Yes. You can also drive 70 mph in a 55 zone. There are a lot of things you can do "not quite right" and it not really matter.

    I'm trying to explain the right way to do this. If you have an examiner that doesn't seem to mind then good for you.

    There may come a day when they are instructed that this will not do and you will be delayed and have to resubmit. Trust me, it's not fun to receive ALL of your paperwork back with a new set of forms to fill out!

    Just because it's now an sbr doesn't change the fact that it exists with the same identifying markings and serial number. If you can show me a requirement to put more of a description on the schedule A than that I'd love to see the reference so I can fix mine. Until then, if the examiner is happy with it and the lawyers they have checking the trusts are happy with it, I'm happy with it.

  9. #39
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    I listed my SBR on my schedule A that I sent in with my form 4 but the SBR did already exist and I had already paid for it so the Trust did actually own it. As we all know there is a difference between possession and ownership.

  10. #40
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    Quote Originally Posted by demigod View Post
    That comparison is ridiculous.

    Why are you ASSUMING that what YOU were "told" is correct? People are told the wrong information all the time..... even directly from the ATF.

    The majority of people getting additional requests are those who have examiners wanting to see the Sch A.

    Sending in a non-updated trust doesn't even make sense. No one would ever really put any assets in their trust if that were the case.
    Mark- please read what I wrote and understand why I wrote it-

    There is no need to put a rifle lower in a trust if it will become an SBR. The SBR is a different rifle. After it is SBR'd then the other rifle doesn't exist as a rifle, it's an NFA weapon and is no longer just a rifle lower.

    Please don't use the argument that what I know CAN be wrong and use it against me and tell me I am making assumptions.

    I've done this twice now- once with a can and then with an SBR so "my way" is just as right as "your way."

    And yes, there is a difference between possession and ownership.

    I owned a pistol suppressor the minute I paid for it. I owned it while the paperwork was going through the ATF. When it was all said and done, and my Trust received it's stamp, it then owned the suppressor and I put it in the Schedule A.

    Then when it came time to MAKE an SBR out of a regular Noveske rifle lower, I once again owned the rifle lower. The trust did not and there was no reason to fill out the forms to put the lower into the trust before sending out the paperwork.



    donr101395- I'm not sure what you are asking. The rifle doesn't still exist with the same identifying marks. It's now an SBR. It's an NFA weapon and it always will be. How do you know the examiner is happy with it? Maybe it's not that big of a deal to him.

    If you choose to put a rifle in the Schedule A that you are looking to make into an SBR, there's nothing the examiner is going to do to you when he approves it. He'll expect to see that rifle gone next time though and in it's place the SBR he just approved.

    This is exactly whey they now want to see complete trust documents and schedules. They KNOW people can't use their heads when putting items into the Schedule A. They want to see that the items ended up in there correctly and they have reason to believe they won't.

    MarkM- isn't this your first run through with an NFA item?

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