Mrgunsngear
New member
I'm in the military and debating setting up a NFA trust. Question is---since I move every 2-3 years, can I set up a trust here in SC and have it move with me to NC, TX, ect...?
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Military---freqent moves and a NFA Trust?
- Thread starter Mrgunsngear
- Start date
Just a quick response...
http://en.wikipedia.org/wiki/National_Firearms_Act
Sorry but I am not a lawyer...
But common search found this above.
I'm sure there is more to it then just reporting. You have to keep in mind that every state also has further "restrictions" For example right now in Washington State... one can own a NFA item but cannot shoot them in Washington. This is changing as of Friday, July 22, 2011 HB 1016 will make it so folks with suppressors can shoot them too.
Have you checked on the states what and if they have any other restrictions?
This link you can look up by state:
http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)
Here's a link for transporting NFA items across state lines:
http://www.guntrustlawyer.com/form20.html
Good luck!
All transfers of ownership of registered NFA firearms must be done through the federal NFA registry. The NFA also requires that transport of NFA firearms across state lines by the owner must be reported to the ATF.
http://en.wikipedia.org/wiki/National_Firearms_Act
Sorry but I am not a lawyer...
But common search found this above.
I'm sure there is more to it then just reporting. You have to keep in mind that every state also has further "restrictions" For example right now in Washington State... one can own a NFA item but cannot shoot them in Washington. This is changing as of Friday, July 22, 2011 HB 1016 will make it so folks with suppressors can shoot them too.
Have you checked on the states what and if they have any other restrictions?
This link you can look up by state:
http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)
Here's a link for transporting NFA items across state lines:
http://www.guntrustlawyer.com/form20.html
Good luck!
Mrgunsngear
New member
Thanks for the info. I realize I may not always be able to take it with me (I'll just leave them at my parents house if I get assigned to a state where I can't own them.
Mrgunsngear
New member
To caveat the above---I'd include my father in the trust ahead of time...
Check me on this, The Law, but I believe a trust has to be established under the laws of the state that it is in and is considered like a corporation registered in that state.
Plouffedaddy, AFIAK there is no need for the trust to move with you, and I think it would be impractical for it to do so (see above). I would establish the trust at a fixed address, name someone at that address as a co-trustee, and keep the NFA item(s) there. That way, you don't have to worry about being assigned to a state where an item is illegal, or have to be concerned about military regulations or local command rules. Of course, you wouldn't have access to the item(s) except when you are at the trust location, but you would have them when you get out.
Jim
Plouffedaddy, AFIAK there is no need for the trust to move with you, and I think it would be impractical for it to do so (see above). I would establish the trust at a fixed address, name someone at that address as a co-trustee, and keep the NFA item(s) there. That way, you don't have to worry about being assigned to a state where an item is illegal, or have to be concerned about military regulations or local command rules. Of course, you wouldn't have access to the item(s) except when you are at the trust location, but you would have them when you get out.
Jim
Check me on this, The Law, but I believe a trust has to be established under the laws of the state that it is in and is considered like a corporation registered in that state.
Jim, that may very well be true, dependent on the state. There is no trust registration in Nevada, so that similarity with corps. doesn't exist here. A Nevada trust remains so, but may need changes to be recognized in another jurisdiction. Since I am only licensed in Nevada, I cannot really opine on another state's trust requirements/recognition.
I like to err on the side of caution and recommend to anyone relocating out of state to at least have a local attorney review their trust. Amendments may not be necessary, but you never know. For the most part, laws regarding trusts are fairly universal, with only some states having nuanced differences.