"Constructive possession" has nothing to do with someone else having access to your safe, "constructive possession" means that a person has the parts required to build an unregistered NFA item but they're not assembled yet.boltomatic said:What you can't do is allow someone else to be in possession of the can unless you are with them. Technically, constructive possession counts too, for example, it would be illegal for anyone to even know the combination to the safe you store your suppressor in. If big brother ever wants to start confiscating suppressors, I'll bet the first thing they are going to do is try to nail you on a constructive possession charge. The best way to get around this is to register it to a trust and add anyone who lives with you as trustees, all trustees can use the can however they please.
Only if the stamp was acquired by an individual. If trust is the possessor, anyone listed as a member of the trust can possess the silencer by themselves.boltomatic .....What you can't do is allow someone else to be in possession of the can unless you are with them.
Nonsense. There is no Federal law or ATF regulation that comes anywhere close to this enduring myth.Technically, constructive possession counts too, for example, it would be illegal for anyone to even know the combination to the safe you store your suppressor in.
Not all states require a bank account in order to set up a trust.Also, if you do set up a trust to buy your Title II toys (which I highly recommend) you should also open a bank account in the trust's name and use that account to pay for all your Title II stuff as well as the tax stamps.
Nonsense.Technically, if the trust is buying the suppressor the trust should pay for the suppressor
Again, YOUR state may require this, not all do.it also ensures your trust remains funded (it needs to be funded to be considered legit)
Horsehockey.Not doing so won't get your form 4 denied, but if the NFA comes under attack in the future and they start auditing past form 4's you will be better off having paid for everything with checks bearing the name of your trust.
Without a trust, you are the only person who can possess the suppressor; if your wife has access to your suppressor safe and you're not home, you're both breaking federal law.
i was talking about single action hunting guns only and a far as i know you may barrow or lend out those guns if the borrower is a eligible gun owner
Find a better primary reason, because that claim above is bogus.mitchntxQuote:
Without a trust, you are the only person who can possess the suppressor; if your wife has access to your suppressor safe and you're not home, you're both breaking federal law.
For me and those of us with significant others, this is the primary reason to invest in a trust.
I agree. I was always under the impression that this is one of those things that's technically illegal but rarely -- if ever -- prosecuted. After all, if the ATF is in your house to witness this then you've probably got other problems already.Sharkbite said:I think the ATF would have a tough time charging my wife (who has the safe combo)