NFA items, what if you have to move?

Discussion in 'NFA/Class 3 & FFL Discussion' started by Wi_Hunter556, Mar 4, 2012.

  1. Wi_Hunter556

    Wi_Hunter556 New Member

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    Hey guys I was talking to a friend and we started talking about guns that we'd like to buy. And sbrs came up, id really like to build one when I turn 21. But my question is if I live in a state that is nfa firearm friendly but have to move to a different state, like address and license change, what would you have to do in a situation like that?
     
  2. JonM

    JonM Moderator

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    depends on if your registering them with a trust as an corporation or as an individual.

    with all three you fill out a change of address nfa atf form send it in. as an individual thats all you do.

    as a corporation and trust you also have your trust or corporation location paperwork changed.

    some states require notification to local police that you are bringing in nfa check state laws. some states prohibit all nfa or certain nfa. yoou cant bring in a item even if its legally owned in your current location to a prohibited one.

    consult an nfa attourney for actual legal advice
     

  3. Wi_Hunter556

    Wi_Hunter556 New Member

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    Well I'm going to college in chicago. My mom lives there and just retired from CPD after 25 years. I live in Wi and its nfa friendly and I know in il you can't own any nfa items if my memory is correct. Let's just say if I do own nfa items and I get a job in il, what would I do with them if I had to move but still owned my home in WI?
     
  4. JonM

    JonM Moderator

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    the paperwork reflects where the items are not where you are. you can live in il and leave them secured in a safe only you have access to in wisconsin. if you change your residency to il then you may have issues. you need to consult an attourney on this
     
    Last edited: Mar 4, 2012
  5. Wi_Hunter556

    Wi_Hunter556 New Member

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    Well I got ahold of a lawyer and he said just to keep them in the nfa friendly state.
     
  6. canebrake

    canebrake New Member

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    A trust is your friend, and the only way I'd go!
     
  7. Wi_Hunter556

    Wi_Hunter556 New Member

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    Could you please explain what a trust is?
     
  8. c3shooter

    c3shooter Administrator Staff Member

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    A trust is a legal creation, where the items are owned by the trust. Resolves issues of who owns (more than one person) and removes requirement for LEO permission and fingerprinting, Do NOT try to use the "lawyer in a box" computer programs- some have been found deficient by ATF.
     
  9. canebrake

    canebrake New Member

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    In my case it allows the members of the trust (my kids) to use all the NFA items without dragging the old man along.

    It eliminates the issue of a sole owner passing away and leaving the disposition of the NFA items to the judge/government.
     
  10. Wi_Hunter556

    Wi_Hunter556 New Member

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    But would that be still in place if I had created a trust in a state where nfa items are allowed and had to move to a different state where nfa items are allowed?
     
  11. jordan89

    jordan89 New Member

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    The sheriff in my county is notorious for not approving NFA items. Is a trust easy to set up? Am I understanding this right, if I set up a trust I don't need his approval?

    And if so does everyone on the trust have to pay the $200 tax stamp?

    I'd like a suppressor for my 22/45. :)
     
  12. JonM

    JonM Moderator

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    Yes you just see the same lawyer or another lawyer and have the location of the trust changed
     
  13. GunAtty

    GunAtty New Member

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    Yes, with a trust you do not need Sheriff's approval. The trust is the legal owner of the NFA items and would be the only "individual" that pays the $200.
     
  14. Woodys45ACP

    Woodys45ACP New Member

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    GunTrustLawyer.com

    answers all your questions. I did mine through him. not the cheapest, but VERY good. Set-up a trust, have it notarized, open a bank account in the trusts name, name yourself Trustee, name your wife Trustee, make sure ALL purchases and transfer taxes are paid THROUGH the trusts bank account.

    One BIG difference between a trust and doing any NFA individually, besides the CLEO letter and finger prints and pics. IF you have them transferred as an individual and IF you keep them in the same safe that your wife has her jewelry in and IF she has access to that jewelry (has the combo and uses it without you being there) then EVERY TIME she opens that safe she is creating an NFA violation. If she is a co-trustee then there can be no such violation since she is a named co-trustee of the trust.
     
  15. clr8ter

    clr8ter New Member

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    Although it wouldn't be too much of a stretch to just get a separate safe either for your wife, or for the NFA item.....If you can afford that stuff, you can afford another safe....

    I do agree with going the trust route, for all the other reasons mentioned. I called a lawyer here that specializes in NFA trusts, and he charges in the $6-800 range.
     
  16. Wi_Hunter556

    Wi_Hunter556 New Member

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    I'll have to do some asking around. We have a lot of friends that are lawyers in Chicago but that won't do me any good. Is $6-800 the average cost to have on set up? I talked to my mom and when she fully retires and she's coming back up here and she'll set up a trust. I'm looking at 4+ years of college in IL. Which sucks..

    The Constitution shall never be construed … to prevent the people of the United States who are peaceable citizens from keeping their own arms. –Samuel Adams
     
  17. JonM

    JonM Moderator

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    there is a good one in milwaukee and i dont think he charged me that much. i dont really remember
     
  18. Wi_Hunter556

    Wi_Hunter556 New Member

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    Thanks, I'll get on the computer and do some looking around.

    The Constitution shall never be construed … to prevent the people of the United States who are peaceable citizens from keeping their own arms. –Samuel Adams