How do you add someone to your NFA/gun trust?

[Blasternank]

How do you add someone to your gun trust? I already have suppressors in it, but want to add a couple of family members to it. How do I do it? Do I need to send something in to the ATF on each person in the trust? If so, does it need to be for each item? Any input would be appreciated.

Thank you.

 

[baboon]

Talk to the lawyer who made it.

 

[Army 1911]

Remember to spell it right. Big A little r little m little y one nine one one. Thanks

 

[Blasternank]

I’ve tried. I can’t reach him. He may have retired.

 

[V-Tach]

Responsible Person Form

Read instructions on above form


Fingerprints (digital or inked)

Photo (passport sized)

Copy of your Trust

I am not an attorney............

 

[baboon]

NFA Trust Lawyer – Law Offices of Martin Seidler

NFA Trust Lawyer Martin Seidler creates an NFA trust or Gun Trust for those who wish to purchase Machine Guns and Class 3 Firearms.

www.nfatrustlawyer.net

Martin Siedler in San Antonio is a solid guy.

 

[justmax]

Texas Law Shield has an NFA division. They did my trust before the dealers were offering them for free. I am sure they could help you out.

 

[Seabee radm]

As the settlor to your trust, Add an addendum naming (or deleting) them to it. You can add a statement that they (and you) affirm that they are not prohibited from possessing a NFA item. They sign/date, you sign/date. Done.

if you want added comfort, sign in front of a notary.

 

[Eastexasrick]

As the settlor to your trust, Add an addendum naming (or deleting) them to it. You can add a statement that they (and you) affirm that they are not prohibited from possessing a NFA item. They sign/date, you sign/date. Done.

if you want added comfort, sign in front of a notary.

Well hello and welcome to the Forum.

 

[Seabee radm]

Well hello and welcome to the Forum.

Thanks! Moved in earlier this year from PA and joined the forum.

 

[Eastexasrick]

Thanks! Moved in earlier this year from PA and joined the forum.

PA, it's a good place to be from. I hope Texas works out well for you.

 

[Joshua - Capitol Armory]

The above-mentioned RP form (5320.23) isn't for adding folks to the trust.

To add co-trustees, trustees, or whatever verbiage your trust has is usually from an amendment. You'll need to consult the attorney that drafted up your trust. It is a legal document, so while you could probably just whip up something on a bar napkin, getting in touch with a trust attorney is the appropriate action. In most states, it's very simple - just fill the amendment out and it's done.

The ATF doesn't do any sort of managing or have anything to do with your personal estate planning. No notification, no asking, no forms, etc. The ATF only gets involved when you're making or transferring an item.

 

[ScottDLS]

I never cease to be amazed at the number of people that give partial ownership of their NFA items to family members and friends and others. Which I assume would only point of having a trust document for them. I generally don't even loan out my title I (non-NFA) firearms to others. If someone wants to shoot my machine guns or use my silencer, I go with them. And the least they can do is supply the ammo. My will specifies who gets them when I die. I'm not sure what the point of a trust is.

 

[ZX9RCAM]

I never cease to be amazed at the number of people that give partial ownership of their NFA items to family members and friends and others. Which I assume would only point of having a trust document for them. I generally don't even loan out my title I (non-NFA) firearms to others. If someone wants to shoot my machine guns or use my silencer, I go with them. And the least they can do is supply the ammo. My will specifies who gets them when I die. I'm not sure what the point of a trust is.

Does a will legally fulfill all ATF requirements to pass them on, or is more required for them to do?

Serious question.

 

[ScottDLS]

The executor also has to submit a tax free transfer Form 5 to register the gun in the name of the inheritor.

 

[Joshua - Capitol Armory]

Regarding why people use trusts, "leading them to others" is pretty far down on the list for the vast majority of our clients. It's asset protection, no transfer if you pass away, and flexibility should the need arise.

In my opinion, absolutely worth every last penny. YOU don't own them- the trust does. That alone is a great tool to have available to you.

 

[ScottDLS]

Regarding why people use trusts, "leading them to others" is pretty far down on the list for the vast majority of our clients. It's asset protection, no transfer if you pass away, and flexibility should the need arise.

In my opinion, absolutely worth every last penny. YOU don't own them- the trust does. That alone is a great tool to have available to you.

There is no asset protection in a living (revocable) trust for NFA items or anything else you put in them. If a creditor wants at them they'll just get a court order for you to transfer the property out of the trust. I'm not sure what flexibility it adds other than giving other people ownership of your stuff while you're still alive.

 

[Joshua - Capitol Armory]

There is indeed asset protection, I can attest to that firsthand. I'm not going to get into that, but if you are really in a bind I'm happy to get you my attorney's contact information.

I neglected to mention some anonymity when it comes to Form 1's and engraving, as well as where the physical item actually is.

As far as flexibility... we see situations every day. Moves out of state for a job to an unfriendly area, military folks frequently move, etc. In terms of my personal life, forgetful friends who leave a silencer in your truck or SBR at the hunting lease by accident. Possession doesn't always mean "borrow and play with" but sometimes is necessary for temporary reasons. It's kind of like saying "Carrying a gun is for protecting you from bad guys." For some yes, but for others, it may be snake control, or dog attacks, or bears getting into your camping area, or maybe it's protecting others...

I'm of the same mindset as you--- I don't let grown adults borrow my firearms-related items. For me, that's really really far down on the list of why I want things in a trust.

Oftentimes situations don't arise... until they do.

 

[ScottDLS]

There is indeed asset protection, I can attest to that firsthand. I'm not going to get into that, but if you are really in a bind I'm happy to get you my attorney's contact information.

I neglected to mention some anonymity when it comes to Form 1's and engraving, as well as where the physical item actually is.

As far as flexibility... we see situations every day. Moves out of state for a job to an unfriendly area, military folks frequently move, etc. In terms of my personal life, forgetful friends who leave a silencer in your truck or SBR at the hunting lease by accident. Possession doesn't always mean "borrow and play with" but sometimes is necessary for temporary reasons. It's kind of like saying "Carrying a gun is for protecting you from bad guys." For some yes, but for others, it may be snake control, or dog attacks, or bears getting into your camping area, or maybe it's protecting others...

I'm of the same mindset as you--- I don't let grown adults borrow my firearms-related items. For me, that's really really far down on the list of why I want things in a trust.

Oftentimes situations don't arise... until they do.

I understand how trusts work, I just don't see have any particular advantage for NFA items. I don't see what kind of "asset protection" is provided by an NFA trust. Insurance seems a better solution. The whole thing started before 2016 when CLEO signoff was the biggest issue. With the post 2016 regulations the same amount of paperwork (pictures, fingerprints) is now required for each member of the trust as is for an individual registrant. Titling any asset differently doesn't provide liability protection per se. If someone sues you and get's a judgement for your assets, your NFA items aren't any more protected than any other items titled in a trust. Unless you irrevocably relinquish ownership of an asset in the trust document (which is not done in NFA trusts), the item is part of your estate during your life and afterword and is subject to seizure to satisfy a judgement like anything else is.