|
CGN's Best Threads (Limited Posting) This forum is for storing and or easy accessing useful or important threads. |
|
Thread Tools | Display Modes |
|
#1
|
|||
|
|||
NFA Trusts (EDIT: Fee Added)
I have been approached by quite a few people interested in NFA Trusts. I am currently researching the issue and expect to be able to draw these up very soon.
Just wanted to put this out there so that people didn't think I had forgotten about them. EDIT: thread updated - see this post http://www.calguns.net/calgunforum/s...3&postcount=97 Last edited by oaklander; 02-13-2011 at 11:25 PM.. |
#2
|
||||
|
||||
Do you need a LE sign off for a trust? As a class 3 holder I think you do but not 100%.
Plus I know the ATF wont give you a stamp if its not allowed in your state. Just some things you prolly already know.
__________________
HMM-161 Westpac 1994 |
#3
|
||||
|
||||
Thats one of the main points of a trust, no LE sign off. No fingerprints or photos either.
ATF has given CA trusts tax stamps for CA-legal NFA items.
__________________
Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#4
|
||||
|
||||
Enlighten me: what NFA items would be CA-legal?
|
#5
|
|||
|
|||
There is a thread about this if you search.
Basically AOWs, and C&R SBSs/SBRs are CA legal NFA items. Sound suppressors, MGs, and non-C&R SBSs/SBRs are not.
__________________
|
#6
|
||||
|
||||
Quote:
1) $600 NFA trustit would then be legal to cut on the dotted lines? Assuming this would be legal, would the resulting very short 80 year old POS shotgun then be considered "transferrable" under NFA rules? And would the POS be worth the $900 invested until/unless NFA gets overturned, thus immensely de-valuing it along with all of those $10k Sten tube guns? Please forgive me if these are dumb questions. I haven't seen much reason to seriously look into NFA weapons before. |
#7
|
||||
|
||||
Quote:
BTW, do you have any more rusty $50 shotguns lying around? |
#8
|
||||
|
||||
LOVE THIS THREAD!!
This thread reminds me of the kind of discussion in what 95% of what Calguns USED to be. Ironically, I see a lot of old names posting in it. All good stuff! .
__________________
------------------------ |
#9
|
||||
|
||||
Technically, just about everything is CA legal if you have CLEO sign-off and a CADOJ permit.
Practically, only C&R SBS/SBR, DDs under .60", and AOWs (except pen-guns). They also need to comply with the AW regs. I'd take any more specific NFA firearms questions to the AOW/SBS/SBR thread, http://www.calguns.net/calgunforum/s...ad.php?t=82693 so we don't further hi-jack oaklander's NFA trust thread.
__________________
Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#10
|
||||
|
||||
Federally, anything over .50 cal is a "Destructive Device".
In California, anything over .60 cal is a "Destructive Device". This has me drooling over the idea of picking something up that's under .60 cal, but over .50 cal!
__________________
Quote:
Today, they walk among us. They’re on the television, they write for the newspapers, they have infiltrated the schools, the political system, and law enforcement. They call themselves Liberals. |
#11
|
||||
|
||||
So, with the stamp I can legally own and possess a .50 BMG rifle?
|
#12
|
||||
|
||||
Thanks for your effort!
__________________
http://www.norcalmedtac.com Providing CPR and First Aid training, to small groups and individuals; NRA classes; Defensive Medicine, Defensive Pistol, Defensive Carbine, and Defensive Shotgun classes. |
#15
|
||||
|
||||
Ooh.
What is the approx cost, normal NFA trust set up, standard, no outside issues, etc to set up a trust for NFA guns? Thanks
__________________
WTB: SWISS & German police trade in pistols WTB: German made & proofed SIG P226R & P228R WTB: Factory cutaway pistols & rifles WTB: LAPD Ithaca M37 / CHP S&W / Other PD trade ins.... |
#19
|
||||
|
||||
As is, that AK pistol is not an AOW. Planning on putting the forward grip back on? There is another calgunner planning on the same thing, getting an AOW form 1 so he can put the forward grip back on.
__________________
Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#20
|
||||
|
||||
Yep, I'd like to put the front grip back on. Still have to keep the BB, but oh well. I'll live I guess
__________________
I hate people that are full of hate. It's not illegal to tip for PPT! |
#21
|
||||
|
||||
I thought that AOW was exempt from CA's dumb bans?
__________________
Quote:
|
#22
|
||||
|
||||
Remember, a federally registered AOW is exempt from only 12020 prohibitions. All other sections of the PC may still apply.
The pistol AW regs may apply per Quote:
__________________
Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#23
|
||||
|
||||
Ah, that's it. I forgot. Thanks for reminding me.
__________________
Quote:
|
#24
|
||||
|
||||
Mmm, serbu super shorty sounds mighty appealing. Would be nice to have a 12ga in the dresser drawer
ETA: Oh my, I just got giddy at the thought of OCing a serbu super shorty since is not classified as a shotgun and i think there may be no prohibition on the OC of an AOW.
__________________
All comments are solely for educational purposes and are spoken in a hypothetical manner. The poster follows any and all statutes, codes, mandates, etc to the letter of the law. Last edited by LOW2000; 07-07-2008 at 7:48 PM.. |
#25
|
||||
|
||||
Hey Oak - how much you charging per?
-Gene
__________________
Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
|
#27
|
||||
|
||||
Looking forward for the info.
How about someone coming up with a list of ideas of what to buy. Kind of like a shopping cart...err..wishlist of what to get -bb
__________________
NRA Life Endowment Member - CRPA Member "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." Ben Franklin, 1759 Brand NEW Apple MacBooks and Mini for sale |
#28
|
||||
|
||||
Quote:
And C&R SBS/SBRs are ok as well. And I gues if you really wanted a big boomer, you could make something in 14.5mm Russian or find one of these, http://en.wikipedia.org/wiki/PTRD .
__________________
Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#29
|
|||
|
|||
OK - the waiting is over - the fee is $600.
Anyone who is interested is welcome to PM me - I can start immediately! |
#30
|
||||
|
||||
Quote:
Quote:
Quote:
__________________
I like guns |
#32
|
|||
|
|||
Quote:
I will have more details in a couple of days. |
#33
|
||||
|
||||
I would be interested, but I would like to know specifics about the "value added" over Quicken Willmaker trusts, which have shown to be perfectly adequate as NFA ownership vehicles in other states.
I understand some lawyers who have advertised specialized NFA trusts have highlighted the issues regarding transfer after the grantor's death. It seems to me that leaving a detailed letter of instruction to the successor trustee along with a partly completed form 5 would take care of these issues. Am I mistaken, and are there other concerns? Last edited by Telperion; 07-07-2008 at 9:49 PM.. |
#34
|
|||
|
|||
The main idea is to make sure that the trust, by its operation, never creates an illegal situation. This has to remain true now, 20 years from now, 40 years from now, etc. . .
If you, or anyone else for that matter, wishes to use commercially available software to generate a revocable living "NFA trust" - by all means, give it a shot - and let me know how it works. . . BUT, please, please, please make sure that you have a lawyer who is familiar with NFA issues review the completed document before you submit it to the ATF. There is simply too much at risk to attempt to save a few bucks on something like this. Quote:
|
#35
|
||||
|
||||
I've read into the use of NFA trusts since they became widely known. It seems the common places where the legality of ownership comes into question are:
- someone other than trustee in possession - trustee unable to serve, or legally disabled from possession - beneficiary legally disabled from possession - situations arising from a trust merger Again, I've seen a lot of innuendo from lawyers, but I'd like to hear specifics of why Willmaker trusts are deficient. |
#36
|
|||
|
|||
It is not proper for me to answer specific legal questions here. Nor do I wish to debate the relative costs vs. benefits of using a real lawyer versus using a "lawyer-in-a-box."
The purpose of this thread was simply to give a "status update" to the people who have contacted me in the past about NFA trusts. I'd like to stay on topic. You sound like you have done a lot of research on NFA trusts. That's a good thing. I would still strongly recommend that you have an experienced attorney look over the resulting document that you create. Quote:
|
#37
|
||||
|
||||
Do income tax returns need to be filed on trusts, even if there is no money made?
__________________
WTB: SWISS & German police trade in pistols WTB: German made & proofed SIG P226R & P228R WTB: Factory cutaway pistols & rifles WTB: LAPD Ithaca M37 / CHP S&W / Other PD trade ins.... |
#38
|
||||
|
||||
Quote:
|
#40
|
||||
|
||||
ok, here goes the bank account again. . . .
first it was OLL's. . . . then it was ammo. . . now its NFA. . . . . . my kids didnt need a college education anyways. . . .
__________________
Quote:
Quote:
Quote:
|
Thread Tools | |
Display Modes | |
|
|