Rehashed, I'm sure

Discussion in 'Class III / NFA' started by texasgrunt, Jun 25, 2009.

  1. texasgrunt

    texasgrunt New Member

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    Jun 25, 2009
    Pearland, Tx.
    Sorry to ask a question that has probably been covered a few hundred times but I couldn't find the thread, so...

    I live in a county where my CLEO will sign the forms. Is there any reason I shouldn't just go individual over a trust?
     


  2. fuelfather

    fuelfather Well-Known

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    Feb 2, 2009
    San Antonio
    Are you currently or planning to get married, have or planning to have kids. Without a trust whoever you left the NFA items to would have to go through all the same hassle to try to get them transferred as well as pay the tax stamp again. With a trust you can have it set up so that whoever you want have them or authorize to use them without you present. I am sure it is a little more specific than that, but that is the gist of it.
     
  3. texasgrunt

    texasgrunt New Member

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    Jun 25, 2009
    Pearland, Tx.
    Yes to both wife and kids. Obviously this is new to me and I want to make the best and LEGAL moves. So what you're saying is that a trust may have a larger initial outlay of cash, but over the long term it will save a lot of headaches. I have seen several NFA trust lawyers on the site and it appears any of these would be a good choice, but does anyone have a preference against a particular individual? (I'm not suggesting anyone isn't an Ace and not trying to start a feud, just want to benefit from other's experiences).

    Finding this site has opened my eyes quite a bit. Tons of good info from David, Sean and others. Thanks!

    I have
     
  4. fuelfather

    fuelfather Well-Known

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    As far as the specifics go about monies involved I am not sure, I am going to set up a trust with any luck just after new years. I know some on the board have more detailed information, and I think txinvestigator or some others who have gone this route will be able to give more specifics.
     
  5. I have a buddy that lives in Anderson county. He even worked for the Anderson county sheriff. He bought some suppressors & the then sheriff signed off on them.

    Years later a new sheriff takes office and finds out about these suppressors. Being a democrat the new sheriff contacted the BATFE three different times about these suppressors. It didn't stop until the ATF agent on the third time told the sheriff that everything was legal & in order and stop contacting them.

    LEO sign off require a fingerprint card. These have to be checked by the FBI. This can add to the turn around time on your paperwork.

    A trust is IMHO the best way to go.
     
  6. texasgrunt

    texasgrunt New Member

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    Jun 25, 2009
    Pearland, Tx.
    Another quick question. On the Noveske website they state (quote) "The Noveske KX3 is classified as a flash suppressor by the BATF FTB". Does this mean it is regulated in the same manner as a can? If not, is the statement relevant to legal possesion?
     
  7. The Noveske KV3 is not a taxed item. They are serial numbered which could trace them back if ATF changed their minds. I had one on a 7.5 inch barrel, & the amount of erosion internally was a very big disappointment.
     
  8. SC-Texas

    SC-Texas Moderator Moderator

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    Houston, TX
    The trust is the simplest, easiest way to go for a suppressor or any other NFA item.

    It is private, can be easily amended to meet your current needs and is flexible.

    Another big factor is that you do not have to beg anyone to exercise your right to possess NFA items.

    Sean Cody
     
  9. Gun Trust Lawyer

    Gun Trust Lawyer New Member

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    Jun 4, 2008
    43 States
    SC is correct, there are many advantages to using a Gun Trust

    Some of the major benefits are
    1) The ability to tell your representatives how to properly transfer these assets upon your death;
    2) The ability to transfer assets to children even below the age of 18 at a later time while giving the trustee the ability to look at the child's mental state, physical location, and age in addition to whether the child is legally able to own, possess, or use the firearms;
    3) The ability for the Trustee to refuse assets transfered by will or other means if NFA and state requirements are not complied with;
    4) Requirement to comply with NFA and State laws for transfer of NFA related assets;
    5) The ability to make uneven distributions to heirs to conserve value of assets;
    6) The ability to purchase Title II weapons, without creating a violation of the duties of the trustee;
    7) The ability to use the weapons in the trust without creating liability to the beneficiaries;
    8) The instructions and formalities on how to: manufacture items under a Form 1, how to purchase items correctly under a Form 4, how to properly document and transport Title II firearms with a Form 20.
    9) Protection for yourself and your family from Constructive Possession - a violation of the NFA.
    10) The ability to add others to your trust at a later time and create additional authorized users of the firearms.
     
  10. sharky47

    sharky47 Active Member

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    May 4, 2008
    "Another big factor is that you do not have to beg anyone to exercise your right to possess NFA items."

    Yes you do, you still have to beg the ATF gang to exercise your REVOCABLE PRIVILEGE to possess NFA items. But yeah, a trust is the way to go - next on my to-do list....
     

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