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Thread: Small Arms Review and NFA Trusts

  1. #1
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    Small Arms Review and NFA Trusts

    In case anyone hasn't read it, I recommend getting a copy of the new SAR. There is an article about using trusts to purchase NFA items. There are some good points made and one of the things mentioned is that BATFE is scrutinizing trusts more so than before.

    There is also mention of prohibited persons obtaining items by using a trust. I won't comment more on that. Overall I recommend checking it out.



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    I will have to pick up a copy. Now that I live in a free state I want to get a SBR and suppresser setup once I settle in.

  3. #3
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    Quote Originally Posted by Iraqgunz View Post
    There is also mention of prohibited persons obtaining items by using a trust. I won't comment more on that. Overall I recommend checking it out.

    I'll respect your desire to refrain from commenting ;0), but I never understood why this is an issue for ATF.

    A prohibited person obtaining a firearm through a trust is no more legally entitled to possess it than a prohibited person who gains possession of one through theft, or buying it from a non-licensee.

    Approving a firearm transfer or registration for a trust does not give a prohibited person imprimatur to possess it. I don't know why ATF acts as if it does.

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    A felon would have to have someone pick up the NFA item and do the NICS check--I can't see how a trust would help a felon??

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    FWIW lately at the shop I work at NFA Trusts average 90-120days to approvals because all Trusts are going through ATFs legal review. Individual NFA transfers have been faster lately...60days on average.
    Chief Armorer for Elite Shooting Sports in Manassas VA
    Chief Armorer for Corp Arms (FFL 07-08/SOT 02)

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    I believe that is incorrect. My wife had to pick up both of my suppressors because I was overseas. She said that they did not do a background check either time. She showed her ID and brought a copy of the trust.

    Also, if you are doing a Form 1, there is no NICS checking being done aside from the initial check to get the lower. Assuming it wasn't a private sale.

    Quote Originally Posted by mike_556 View Post
    A felon would have to have someone pick up the NFA item and do the NICS check--I can't see how a trust would help a felon??
    Last edited by Iraqgunz; 09-23-10 at 21:27.



    Owner/Instructor at Semper Paratus Arms

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  7. #7
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    No NICS check on NFA as per the Law.

    Prohibited persons can also be stock owners of Corps that own guns, so this is nothing new. Corps and Trusts should not give access to prohibited persons, Duh.

    Last edited by Renegade; 09-23-10 at 19:22.

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    With the trust route growing in popularity by leaps and bounds in the last five years, I would not be surprised to see more restrictive laws and regulations come down the pike eventually.

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    I read Small Arms Review if nothing else for their NFA/FFL legality articles. Mark Barnes knows his stuff.

  10. #10
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    Quote Originally Posted by Iraqgunz View Post
    I believe that is incorrect. My wife had to pick up both of my suppressors because I was overseas. She said that they did not do a background check either time. She showed her ID and brought a copy of the trust.

    Also, if you are doing a Form 1, there is no NICS checking being done aside from the initial check to get the lower. Assuming it wasn't a private sale.
    WOW!!!

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