
Originally Posted by
TriumphRat675
I'm overly cautious by nature, but I think that's an attenuated reading of the law.
My understanding of a typical straw purchase situation is where Cletus walks into a gun store with Jethro, Cletus picks out a gun, and Jethro buys it, fills out the paperwork and gives it to Cletus after leaving the store.
When dealing with a trust, the situation is more like if Cletus and Jethro go to the gun store, Cletus picks out a gun and fills out the paperwork, but Jethro pays for it. Ownership passes with the transfer from the store to Cletus. In that case it shouldn't matter where the money comes from. Jethro never owned the weapon.
What would concern me (only slightly more) is the definition of and NFA requirements for a "transfer," which essentially means to dispose of in any manner. If I pay for SBR individually, assign my interest in it to the trust, and then, as the trustee, fill out the paperwork and pick it up, was there a "transfer" from me to the trust? I doubt it. Transfer in this context seems to presuppose having physical possession. But I have not researched this issue. It's pretty esoteric, very technical, and I have a very hard time seeing anyone getting in trouble because of it.
Having said that, everything I just posted is theoretical and the law may be different. If anyone has information to the contrary, or knows of investigations or prosecutions that inquire into any situations like the ones in this thread I would appreciate knowing about them.
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