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Legal steps for NFA or a Trust


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#61 GySgt New River

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Posted 17 June 2010 - 03:42 PM

Additional Trust Transfer Info:

Ladies/Gent's,

I'm sure this has been covered many a time before but even as I am a fairly new to this NFA scene I still can't believe it when I see people giving out mis-information. The below text was taken DIRECTLY out of the ATF's November 2008 FFL Newsletter. Give extra attention to "BOLDED" paragraph #6 and what is NOT needed when sending in a Form 1 or 4 on a Trust, Corporation or other Legal Entity.

Semper Fi,
MCASgt New River


"TRANSFER OF A NATIONAL FIREARMS ACT FIREARM TO A CORPORATION OR OTHER LEGAL ENTITY"
ATF has been increasingly asked questions about the procedures for the transfer of a National Firearms Act (NFA) firearm to a corporation or other legal entity, such as a trust, that is not a Federal firearms licensee (FFL).

When transferring a firearm to a corporation or legal entity you must use an ATF Form 4 Application for Tax Paid Transfer of a Firearm.

The FFL will identify the corporation or other entity on the Form 4 application by the legal name as the transferee. No individual name, such as the name of the president of the corporation, shall be included in identifying the transferee.

The Articles of Incorporation or other documentation establishing the legal entity must be included with the Form 4 application. The documentation must identify a point of contact for the corporation or other entity and must be sufficient for ATF to establish the legitimacy of the existence of the corporation or other entity.

If the firearm being transferred is a machinegun, short-barreled rifle, short-barreled shotgun, or destructive device, an officer or director of the corporation or other entity must complete item 15 on the reverse side of the Form 4.

Items 13, 14, 16, and 17 of the Form 4 do not require completion for a transfer to a corporation or other entity nor is the submission of ATF F 5330.20, Certification of Compliance with 18 U.S.C. 922(g)(5)(B), required.

Procedure after approval
Approved NFA transfers are exempt from the NICS background check. So, when the FFL arranges for the disposition of the NFA firearm to a representative of the corporation or other entity, only the ATF Form 4473, Firearms Transaction Record, must be completed by the representative of the corporation or other entity.
All other recordkeeping requirements of the Gun Control Act must be met.

http://www.atf.gov/p...ter-2008-11.pdf
November 2008 FFL Newsletter

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#62 Scott Kenny

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Posted 22 May 2011 - 08:31 PM

Coolness! (not that I wouldn't put a new trigger in an SBR anyway) Now ATF is bound to keep that, they put it in writing!
Yes, that is my real name. I don't say anything here that I wouldn't say to your face, and I don't care what 'Big Brother' knows about my interests.

Real names on a forum cut down on flame wars.

#63 GySgt New River

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Posted 08 September 2012 - 12:57 AM

Just a question for those knowledgeable in the TRUST "LAW" lingo...

When you amend a trust by what method do you go about this? Add a Amendment Notes page stating what page, section & paragraph your rewriting or just rewrite the entire trust to what you now want it to read...or something else I'm not aware of?

Thanks,
Gunny NR

A veteran is someone who, at one point in his life, wrote a
blank check made payable to 'The United States of America' for an amount
of 'up to and including their life.'-That is Honor

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Gunnery Sergeant
MOAF Instructor
United States Marine Corps
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#64 Darth Saigus

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Posted 18 February 2013 - 06:57 PM

Allow me to blow the dust off this dormant thread and add a bit of relevant information.

 

This article reads a bit like an advertiesment for a specific lawyer, but it does have alot of good information about NFA trusts.

 

http://www.gunsumerr...un_trust_p1.php


Edited by Darth Saigus, 18 February 2013 - 06:59 PM.

The "Silent Majority" will be silent no longer.  Welcome to The Revolution.


#65 GySgt New River

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Posted 20 February 2013 - 12:45 AM

If you need specific info PM me and I'll send you my cell # and we can discuss how I went about my RLT issue.  

RLT SUMMARY: It's a real option, it does work and it's not all that expensive.


A veteran is someone who, at one point in his life, wrote a
blank check made payable to 'The United States of America' for an amount
of 'up to and including their life.'-That is Honor

ega_kbar.gif
Gunnery Sergeant
MOAF Instructor
United States Marine Corps
2000-Present





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