Question for can owners and NFA trust

[dwtt]

I plan to buy a suppressor, most likely an AAC for my rifle, when I move to VA next month. I know the Form 4 and other paperwork can be done with the owner listed or a trust listed. I also know the LEO signature requirement and how a NFA trust will help out. However, I'm not concerned about the CLEO sign off since the police in VA don't treat gun owners like criminals. The question for can owners, are there any benefits to having the suppressor registered with the trust as owner with regards to letting others use it and storing it in a locked safe in a place other than my residence? Would it be better to register it to myself instead of a trust if I will be going on long trips overseas and will have to store the suppressor for a few weeks my locked safe in a relative's basement?
thanks.

[six seven tango]

Effective July 13, 2016, a CLEO signature is no longer required, only notification. While a trust still has it's benefits (multiple owners), once the rule is in place, ALL responsible parties (RP's) listed on the trust will have to go thru a background check including submitting photos and fingerprints.

ATF Rule 41-F


A quick example of what each RP will be required to do if you go the trust route.

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

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."

In answer to your question about letting others use it -
If you don't use a trust, no one else can have access to it without you being there.
If you use a trust, all listed RP's can use and store it.
Only you can choose which best fits your circumstances.

As for storing it somewhere other than a listed address, I'm not sure how that would work, and that might be another reason for you to go the trust route. You might want to give ATF a call on that one. The ATF guys that I had to work with on my NFA stuff were great.

Enjoy your new found freedom

[dwtt]

Thanks for the information. If my wife has to go through the process, I don't think she'll want me to create a trust with her as a trustee. She'll be worried it might affect her security clearance, since she's a bit paranoid about that. Oh well, I'll just have to register it with my name only and keep the thing with me all the time. Where do you put the can when you take a shower?

[geoint]

That is ridiculous. Security clearance had nothing at all to do with gun ownership. I have a TS/SCI and have had my cans for years. I have buddies working for a certain 3 letter agency in McLean VA who own plenty of cans and are hardcore 2A patriots.

As long as you don't have tats on your forehead saying "down with Obama!" Or something similarly over the top she will be fine.

67T already explained the benefits of trusts and how the new 41p policy is coming into effect next month.

[dwalker]

I put all my NFA items into a trust for several reasons.

1st- there will be NO confusion if I should pass about how they are passed on and to whom, and zero chance for forfeiture to the .gov

2nd- It allows me to leave my NFA stuff for an extended period of time with a named individual on the trust. I know this seems a minor point, but lets say your going to Cancun for a week or so and cant take your NFA stuff, and your only option is to lock it in your safe and pray. The odds are low there will be an issue, but why tempt fate? I travel so much that the trust was the best option for me.Even when I am stuck in CA for a month, I know my stuff is nice and safe and most of all LEGALLY stored.

The 3rd reason I have the trust is I put pretty much everything I own of value into it in trust for my son. Should something happen to me there again is a clear documentation of who gets what, and I know it wont be tied up in some probate court. My wife is of course an executor, but she cannot sell any of the items without going through a specific process and there is are limitations on what funds can be used for.

I highly recommend a trust for anyone with NFA or similar.

[-hanko]

Thanks for the information. If my wife has to go through the process, I don't think she'll want me to create a trust with her as a trustee. She'll be worried it might affect her security clearance, since she's a bit paranoid about that. Oh well, I'll just have to register it with my name only and keep the thing with me all the time. Where do you put the can when you take a shower?

Anecdotally, neither an ffl nor an nfa trust have remotely affected an existing clearance I hold regarding access to FBHO's aircraft...obviously, not when he's aboard but conveniently that is my preference.

Whether you go or not with an nfa trust, you do need a family trust and the older you are, the more the both of you need it.