suppressor purchase questions

[idpashooter]

I'm looking to get a suppressor for my glock or 1911 and have been doing some research and I'm confused about people saying not to just buy them but set up an nfa trust...what is an nfa trust and why do they recommend u use one and is out bad not to have one

[jmanz6]

I'm looking to get a suppressor for my glock or 1911 and have been doing some research and I'm confused about people saying not to just buy them but set up an nfa trust...what is an nfa trust and why do they recommend u use one and is out bad not to have one


Read this (http://www.migunowners.org/forum/showthread.php?t=147300) thread. It explains a lot of why a trust is the way to go. There is also a link to more info in the thread.

[idpashooter]

I'm still confused a to what's wrong with me going in and just filling out the paperwork and all that and why I need a trust other than to make sure my son gets it when I pass

[jmanz6]

You don't need a trust. But some people live in an area where the CLEO is not going to sign off on a silencer. Also, if you die and it's not in a trust, your wife or whoever your estate goes to, would be in violation of Federal law by being in possession of the silencer. It can't just be handed down when you die. By having a trust, it eliminates that headache. But, you don't "need" a trust to get one. If you don't want to get one, don't. Just go down and fill out the paperwork, pay the tax, and wait your 6-8 months to get it.

[Shyster]

I'm still confused a to what's wrong with me going in and just filling out the paperwork and all that and why I need a trust other than to make sure my son gets it when I pass
An NFA Trust has several benefits.

1. BATF approval should be faster as there is no need for an FBI check.
2. No need for fingerprints or CLEO approval.
3. If owned by an individual the device must always be under your possession and control. With a Trust you can allow any number of people to use your device as long as you name them on the Trust.
4. Upon death there is no need to fill out additional BATF paperwork to transfer to an heir.

[Zane]

I'm still confused a to what's wrong with me going in and just filling out the paperwork and all that and why I need a trust other than to make sure my son gets it when I pass

Do you want your son to be able to legally possess your suppressor while you are off doing something else? Need a trust for that.

[idpashooter]

Ok so is there an way way to set it up I saw a member that was charging like 350 to set one up and if like to save that to put towards the suppressor. Do u recommend posting someone to do it or is it way enough to do on your own

[idpashooter]

Sorry my phone has autocorrect and it hates me

[jmanz6]

Shyster is doing mine. I'm in the process of getting the info for it right now. You can do it yourself, but in my case, I would rather have someone do it that knows what they are doing. If you do something wrong, it's not a minor inconvenience. I don't have the time or the ambition to learn all the ins and outs of setting up a trust for my NFA items.

[TWS-Mike]

You don't need a trust. But some people live in an area where the CLEO is not going to sign off on a silencer. Also, if you die and it's not in a trust, your wife or whoever your estate goes to, would be in violation of Federal law by being in possession of the silencer. It can't just be handed down when you die. By having a trust, it eliminates that headache. But, you don't "need" a trust to get one. If you don't want to get one, don't. Just go down and fill out the paperwork, pay the tax, and wait your 6-8 months to get it.

Sorry, but not exactly correct :| If you die, the ATF doesn't crash your door and take down your wife for possession. The items do have to be retained by the executor of the estate though, until distribution.

From the ATF website: (Text Below)
http://www.atf.gov/press/releases/1999/09/090599-openletter-nfa-estate-transfers.html
________________________

For registered NFA firearms in the estate, the executor should take action as soon as possible to arrange for the proper registration of the firearms. Possession of an NFA firearm not registered to the possessor is a violation of Federal law and the firearm is subject to seizure and forfeiture. However, we do allow the executor a reasonable time to arrange for the transfer of the registered firearms in a decedent's estate. This generally should be done before probate is closed.

It is the responsibility of the executor of the estate to maintain custody and control of the firearms and to transfer the firearms registered to the decedent. The firearms may not be transferred to another party, such as a firearms licensee, for consignment or safekeeping. This would be a transfer subject to the requirements of the NFA. The licensee may assist the executor by identifying purchasers and acting as a broker.

The firearms may be transferred on a tax-exempt basis to a lawful heir. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm, for a tax-exempt transfer to a lawful heir. A lawful heir is anyone named in the decedent's will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. NFA firearms may be transferred directly interstate to a beneficiary of the estate. When a firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany the transfer application. However, if any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application.

ATF Form 4 is used to apply for the taxpaid transfer of a serviceable NFA firearm to a person outside the estate (not a beneficiary). ATF Form 5 is also used to apply for the tax-exempt transfer of an unserviceable NFA firearm to a person outside the estate. As noted above, all requirements, such as fingerprint cards for transfers to individuals and compliance with State or local law, must be met before an application may be approved. If an NFA firearm in the estate was imported for use as a "sales sample," this restriction on the firearm's possession remains. The NFA firearm may only be transferred to a Federal firearms licensee who has paid the special (occupational) tax to deal in NFA firearms or to a government agency.

That being said, a Trust does have benefits as stated above, but there is nothing wrong with going the "individual" route either.

[Tamer]

Lots of good info in this thread, thanks fellas.

[cedartop]

Don't know if this has been mentioned elsewhere, but seemed like it might fit well here. I was advised by a suppressor dealer in IN, that the best way to do this is to register it to your LLC (if you have one). Anyone have any experience with that?

[Shyster]

Don't know if this has been mentioned elsewhere, but seemed like it might fit well here. I was advised by a suppressor dealer in IN, that the best way to do this is to register it to your LLC (if you have one). Anyone have any experience with that?
An LLC performs the same function as a Trust when it comes to NFA items. The downside of an LLC is there are annual fees to the State and annual reporting requirements which a Trust does not have.

[cedartop]

Thank you sir. I believe I will click on your link.