Revocable Living Trust

BangPop

Active member
Is there any legitimate reason not to use an existing revocable living trust to serve as legal owner of a suppressor. Anyone have any experience with regard to this issue?
 
From what I have read, it is best not to put NFA items in a RLT. Best to have a separate trust for the NFA stuff, I do, but I set my my NFA trust up first, and my other trust after.
 
That's nonsense.
A RLT is a RLT.

There is no such legal document as a gun trust or nfa trust. Changing the words to be nfa specific doesn't change what it is or can do in legal terms.
If you have an existing RLT, add whatever you want to it.
 
I had my NFA before my RLT. With the passage of 41P, I'm glad they are separate. I don't want to send the ATF a copy of my trust exposing my entire estate to them when purchasing NFA items, not to mention the new fingerprinting and picture requirements for future purchases.
 
Originally Posted By: cmatera I had my NFA before my RLT. With the passage of 41P, I'm glad they are separate. I don't want to send the ATF a copy of my trust exposing my entire estate to them when purchasing NFA items, not to mention the new fingerprinting and picture requirements for future purchases.
You don't have to...the Schedule A doesn't have to be complete when you send it to the ATF. It just has to hav SOMETHING, ANYTHING, ONE THING, for it to be a valid RLT.
As long as your copy has everything listed, you're fine.

Mine has cars, guns, optics, computers and NFA items...but the NFA stuff is the only thing on he copy they get.

I have Schedule A
1a.)
1.b)
2.a)

Etc,etc,etc.


And it's not for future purchases if you already have a trust.
Existing ones are grandfathered in.
 
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My trust is dated December 23, 2015 and the way I read it, it WILL apply to future NFA purchases:

How will this affect my existing gun trust?
The construction of the final rule does not apply directly to existing trusts or entities in possession of NFA weapons, but to future applications made by both individuals and entities. After July 13, 2016, you will be required to submit or do the following with any Form 1 or Form 4 application:

a complete copy of your trust and any schedule or exhibit referenced by it;
for each RP -
Two FD-258 fingerprint cards
A 2X2-inch photograph taken within the last year
A completed NFA Responsible Person Questionnaire (ATF Form 5320.23). This form will require the input of a RP's full name, position, Social Security number (optional), home address, date and place of birth and nationality
Provide CLEO "notification"
Prior to submission, the applicant must forward a completed copy of the application form (Form 1 or Form 4) and all other RPs must forward a completed copy of their Form 5320.23 to the CLEO of the locality in which the applicant or RP is located. The new rule also defines who may be considered the CLEO as "the local chief of police, county sheriff, head of the State police, or State or local district attorney or prosecutor."

Existing trusts are grandfathered in, but future Form 4 submissions are not. So, if your trust is already established, and you never add any more NFA stuff, you are grandfathered in, and notice, it does say you must submit a complete copy of your trust (not trust certification).

The entire article is here:

http://www.nfafa.org/atf41p.cfm

 
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