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Thread: Switching to a Trust

  1. #21
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    I've been reading all the posts on this particular thread, and it's interesting to me that nobody but ME is allowed to even touch my NFA weapons, by some definition, since all mine are on individual transfer. I may have a bit of a problem even putting my wife and child on a RLT if I ever decided to do it in the future, since she is Chinese and a citizen of China, not a US citizen. She and my step daughter have green cards via marriage, but if anything happened to me, I don't believe my wife could inherit my NFA weapons or my title I weapons either.
    May God have mercy on my enemies, because I won't.

  2. #22
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    Quote Originally Posted by Dolphinvet View Post
    and it's interesting to me that nobody but ME is allowed to even touch my NFA weapons, by some definition, since all mine are on individual transfer.
    That's not the case. You have to retain control of the items, but you can allow others to play with them.

    There's pea brains on ARF that think their spouses can't know the combo to their safes. And that NFA weapons must be under lock and key when not in use.
    "You people have too much time on your hands." - scottryan

  3. #23
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    Wrong. As long as you are present, it's no problem. As for the other you may be right due to her status. I am not even sure that an Alien Firearms License would cover it.

    Probably a good question for an experienced firearms attorney.

    Quote Originally Posted by Dolphinvet View Post
    I've been reading all the posts on this particular thread, and it's interesting to me that nobody but ME is allowed to even touch my NFA weapons, by some definition, since all mine are on individual transfer. I may have a bit of a problem even putting my wife and child on a RLT if I ever decided to do it in the future, since she is Chinese and a citizen of China, not a US citizen. She and my step daughter have green cards via marriage, but if anything happened to me, I don't believe my wife could inherit my NFA weapons or my title I weapons either.



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  4. #24
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    There is a Gun Trust Lawyer site where the lawyer wrote that others cannot lawfully shoot your NFA items if you possess them on a form 4. I do not subscribe to this belief and do not know of ATF ever charging anyone for letting another shoot their NFA weapons.

  5. #25
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    Did he provide any reasoning or rationale for this?

    Quote Originally Posted by az doug View Post
    There is a Gun Trust Lawyer site where the lawyer wrote that others cannot lawfully shoot your NFA items if you possess them on a form 4. I do not subscribe to this belief and do not know of ATF ever charging anyone for letting another shoot their NFA weapons.



    Owner/Instructor at Semper Paratus Arms

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  6. #26
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    Just various definitions of "control" and "possession" as far as I can tell, along with the usual citations of case law where a dude's non-NFA gun went full-auto while in a friend's hands, and the owner ended up racking up a series of multiple felonies -- including charges related to the whole giving-access-to-an-unregistered-person issue.

    Mostly, it strikes me as a lot of barrister hype; the problem is that BATF doesn't have the most consistent reputation where interpretations and rulings are concerned, leading many to conclude that there is a certain wisdom to the narrowest possible interpretations.

    AC

  7. #27
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    I can't figure how the lawyer would have come up with that. Unless something has changed in the last few years I am not aware of. I've read the NFA rules and regs like the bible and can't find anything that even implies something like this. LOL, maybe that's a good tactic to get people to think they need the trust

    Quote Originally Posted by az doug View Post
    There is a Gun Trust Lawyer site where the lawyer wrote that others cannot lawfully shoot your NFA items if you possess them on a form 4. I do not subscribe to this belief and do not know of ATF ever charging anyone for letting another shoot their NFA weapons.

  8. #28
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    Sounds like a load of B.S. to me. If I have my SBR at the range and you want to shoot it as long as I'm there and the gun is under my "control" it is good to go. How else would some one demo a gun or go to a machine gun shoot and try something out?
    "Real men have always needed to know what time it is so they are at the airfield on time, pumping rounds into savages at the right time, etc. Being able to see such in the dark while light weights were comfy in bed without using a light required luminous material." -Originally Posted by ramairthree

  9. #29
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    Army Chief "nailed" it in post 26 of this thread. I believe the attorney was using a narrow interpretation of the words "control" and "possession" as a scare tactic to drum up business.

    I will try to find the link again and you can read his line of reasoning for yourself.

  10. #30
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    Go to the 3rd to last paragraph in the left hand column titled NFA Trust dated October 29, 2008. He is basing his opinion off of the word Transfer.

    http://www.guntrustlawyer.com/2008/10/nfa-trust.html

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