Announcement

Collapse
No announcement yet.

Forming a Trust

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Forming a Trust

    Didn't want to lose this info, if you guys know of a better way to do this let me know

    Old 12-22-2007, 11:40 PM #3
    David

    The easiest way to create a trust is to go buy Quicken Willmaker.

    Use the basic revocable living trust option and it will guide you through the setup.

    Once the trust has been created all you do is mail in a copy of the certificate of trust with 2 Form 4s and a $200.00 check to the ATF. The forms are filled out to the trust ie:Stroked71Bowtie's Revocable Living Trust. You sign the form as Stroked71Bowtie, Trustee. Texas doesnt require any filing of the trust.

    Then wait the normal time. Once the item is transferred to the trust, it gets added to teh trust inventory schedule.

    Pros: No CLEO signature, fingerprints, or photos.

    Cons: Many believe the ATF can and eventually will at anytime do away with the trust route. Many also believe that while using a $50.00 program to get your items is a good way, you get what you pay for. There's no wording in there specifically dealing with NFA stuff.

    Old 12-23-2007, 10:56 AM #15
    David


    Quote:
    Stroked71Bowtie
    Since we're asking questions...

    What's the deal with SBRs. Say I want a short barreled AR. The S/N is on the lower, but the upper is the reason for needing the signoff. How are the upper and lower connected in the eyes of the law, since you can't just permanently pin them together? Would an SBR upper have it's own unique S/N?
    With SBRs it's the exact same thing with normal guns. The receiver is the registered part.

    When someone wants to SBR a firearm, they fill out a Form 1. A Form 1 is an application to make and register a firearm (this is to apply to make anything besides machine guns for the general public).

    Form 1s are handled the same way as Form 4s for the most part. Form 1s require CLEO signature, photo, and fingerprints plus a $200 check, or $5 for AOWs.

    The SBR thing, and same with anything else you make, you list the current manufacturer of the lower, then add any additional new info to the rifle. This is where you'd place "Stroked71Bowtie, Arlington, TX". This makes you the new manufacturer. This must also be engraved on your lower.
    Old 10-13-2009, 06:20 PM #45
    DOHCTR

    I just formed a trust this week.

    I used this lady-



    Her name is Misty Barajas and she specifically drafts NFA trusts for a living. Let me tell you, from a legal standpoint this thing is bullet proof. There is 12 pages of legal mumbo jumbo, half of which specifically deals with NFA items!

    There is all kinds of wording specifically addressing machine guns, suppressors, etc.


    I would highly recommend using her. She was very helpful and described the process of buying an item very well. It was unusual hearing a woman spout off information about SBRs and destructive devices, but very cool. I would highly recommend using Misty if you want to cut down on wait time for your NFA items, or if you dont want to mess with a CLEO signature.
    Originally posted by 5.0_CJ View Post
    From my understanding, your Schedule A (inventory of items protected under the trust) for your NFA trust must list at least 1 item for it to be legal. The idea being a trust cannot legally be created without an item being protected under it. Since it's legal to amend and remove items from your trust at any time, once an NFA item is received, item 1 can be removed, and replaced with the received NFA item. I know forms have been returned to the transferee because of a lack of Schedule A, from what I can gather - a blank Schedule A will be approved, but it is legally susceptible to nullification if the ATF were to ban them (being that it was falsely created, without at least 1 item listed on the Schedule A). That is what I have as well. Apparently what the attorney is saying makes sense. Originally, the BATFE did not request a Schedule A with Trusts at all. Lately, they have been requiring the Schedule A. The only reason they would want to see the Schedule A would be to keep it on file to use as evidence that the trust was not legal. So, it could very well be a measure they intend to use if they decide to close the Trust path. So, just an FYI for anyone sending off their Form 4/1 for the first time - make sure you have at least 1 item listed in your Schedule A. Do not send a blank Schedule A. The easiest and most common item to list is a sum of money - so example: Item#1: $100. Once your form 4 or 1 is approved, you may add the item and remove the $100 previously listed.
    Funding a trust is a basic concept that is necessary for a trust to be valid. The legal concept is that the trust does not exist if there is nothing in the trust. A Gun Trust can be funded with a firearm, money, or any other asset. Typically a Gun Trust will be used to acquire firearms and is often used for Title II Firearms. When you put money in or assign money to the trust, you have funded it and it is now valid. If you never assign property to a trust, it can create problems.

    For example, if your trust is unfunded, and you purchase a Title II Firearm from a dealer personally you will own it personally. An Assignment sheet may fund the trust, but if the AFT has not approved the assignment or an additional fee is not paid, you may have created a legal problem.

    Funding a NFA trust, purchasing NFA Firearms, and proper use of a Gun Trust are very important to understand and something you should ask your Gun Trust Lawyer® about.
    Last edited by Leah; 02-24-2013, 10:23 PM.
    "A government big enough to give you everything you want, is strong enough to take everything you have."
    -Gerald Ford/Thomas Jefferson

  • #2
    Nice! good save. I need to do this so I can sbr my ar pistol.
    Ded

    Comment


    • #3
      Oh hell... IN!!!

      Comment


      • #4
        I used DOHCTR's suggestion and went with Mitsy Barahas. She was very friendly to deal with and had my trust formed in just a few days. She even has no problem with you calling to ask questions after your trust is formed.

        While Mitsy does provide a sample Form 4 to help guide you through, I also found this website helpful:
        Published by Florida Gun Trust Attorneys — Law Office of David M. Goldman PLLC

        Comment


        • #5
          Is there a base idea on price? I sent my contact info to them to start but just curious.

          Comment


          • #6
            I paid $350 for my trust
            Last edited by KBScobravert; 11-16-2011, 10:36 AM.
            Fuck you. We're going to Costco.

            Comment


            • #7
              I did not go with the trust route and I now own 3 NFA items. 2 cans and 1 SBR AR-15. Is a trust really a better way to go?

              Comment


              • #8
                Originally posted by billybob81
                I did not go with the trust route and I now own 3 NFA items. 2 cans and 1 SBR AR-15. Is a trust really a better way to go?
                What did you do?

                Comment


                • #9
                  Originally posted by billybob81
                  I did not go with the trust route and I now own 3 NFA items. 2 cans and 1 SBR AR-15. Is a trust really a better way to go?
                  It's debatable. I don't use trusts just because a Cleo sig isn't that hard to get for me. Others it isn't. Others argue that they shouldn't have to ask a Cleo permission to own such items, either way you're asking the ATF permission.

                  Pick your poison. Either way works.

                  Comment


                  • #10
                    Originally posted by David
                    It's debatable. I don't use trusts just because a Cleo sig isn't that hard to get for me. Others it isn't. Others argue that they shouldn't have to ask a Cleo permission to own such items, either way you're asking the ATF permission.

                    Pick your poison. Either way works.
                    That's the way I look at it, just whatever is more convenient. It all ends up going to the same place.

                    Comment


                    • #11
                      Originally posted by jwalk
                      Is there a base idea on price? I sent my contact info to them to start but just curious.
                      I think in the original thread somebody said the lady from Houston was $600
                      "A government big enough to give you everything you want, is strong enough to take everything you have."
                      -Gerald Ford/Thomas Jefferson

                      Comment


                      • #12
                        I live in Tarrant County and it wasn't hard for me to get a CLEO signature. All I had to do was mail my app to the sheriff's office and a copy of my DL and they signed it and mailed it back. So there is no read advantage to having it in a trust? What about transferring to a family member should something happen to me? Is that easier/cheaper with a trust?

                        Comment


                        • #13
                          Originally posted by billybob81
                          I live in Tarrant County and it wasn't hard for me to get a CLEO signature. All I had to do was mail my app to the sheriff's office and a copy of my DL and they signed it and mailed it back. So there is no read advantage to having it in a trust? What about transferring to a family member should something happen to me? Is that easier/cheaper with a trust?
                          You can have people designated in the trust that will be allowed possession instead of just one person by the individual route.

                          Again, all boils down to personal options. I don't let anyone use my stuff without me being there, so that pro for some isn't for me.

                          Comment


                          • #14
                            Originally posted by David

                            Again, all boils down to personal options. I don't let anyone use my stuff without me being there, so that pro for some isn't for me.
                            I like that I can leave my stuff with my cousin when I go overseas or on vacation without worry. Also, if I die he can just come over and pick my shit up without filing for new transfers.
                            Originally posted by lincolnboy
                            After watching Games of Thrones, makes me glad i was not born in those years.

                            Comment


                            • #15
                              Originally posted by DOHCTR
                              I like that I can leave my stuff with my cousin when I go overseas or on vacation without worry. Also, if I die he can just come over and pick my shit up without filing for new transfers.
                              Forms 5s do the same thing.

                              Its all a wash.

                              I'll be dead anyways, so I dont care who gets what. They can scrap it for all I care.

                              Comment

                              Working...
                              X