Question about C&R and trust

Discussion in 'NFA/Class 3 & FFL Discussion' started by mark_k, Jun 12, 2014.

  1. mark_k

    mark_k New Member

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    Hello, I have a question about receiving a C&R license. In Illinois you can purchase a SBR if you have a C&R. My question, can I get a C&R and have it set up as a trust? For a trust, can you add people to the trust once its written up or is it set in stone? Thank you.
     
  2. purehavoc

    purehavoc New Member

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    I had to do form 4s for all mine here in IL . I dont believe you can do a trust here in IL, it will have to pass through your local CLEO unless something has changed that I dont know about
     

  3. mark_k

    mark_k New Member

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    How hard is it to get a CLEO sign off? I'm in the southern part of the state. Follow up question, how would a form 4 work with multiple people, say a father son.
     
    Last edited: Jun 12, 2014
  4. purehavoc

    purehavoc New Member

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    Is this something your going to build or buy from a dealer ? If you build its form 1 if you buy from a dealer its form 4 .

    I would have to go back through the forms but you can only have one person them . Now if say you were to pass and your son wanted them he would have to get the BATFE to do a transfer if I remember correctly and go through the same thing you did only form 4 and another $200 fee . I believe its different for a spouse I think form 4 and no fee . I will get my book back out tonight and read up
    . I havent done one in a while . I might be wrong I need to look again . As far as getting your CLEO to sign off . All you can do is explain to them what your wanting to do and hope they are OK with it and sign off on it . My CLEO is a great guy and I have tons of respect for him and very grateful that he is 100% ok with me owning what I do .

    Heres the From 1 form http://www.atf.gov/files/forms/download/atf-f-5320-1.pdf so you can take a look at it
    or you can call the BATFE NFA branch @ (304) 616-4500 They will have all the forms you need and send them to you for free or you can get them mailed to you directly form the website . including the form 1 or 4 , fingerprint cards which now must be their own cards as you cannot print them off any more , they will not accept those . and there is a compliance form you will need along with all that . If you do print the paperwork out you need to make sure they are double sided they will not take single sided papers taped together any more .

    Heres a list of what you need . I know it seems like a PITA but its worth it . You will need 2 copies of each to send in

    Note: the ATF requires double sided forms, so make sure each form (1 or 4) is printed on a single piece of paper.

    1. Form 1 (used when manufacturing a NFA item, e.g., cutting down a shotgun barrel, assembling a suppressor, etc.) – 2 per NFA item

    or

    2. Form 4 (used when transferring a NFA item to your ownership, e.g., purchasing a SBR, suppressor, or machine gun [registered before 1986], etc.) – 2 per NFA item

    3. Blue FBI reference fingerprint cards – 2 per NFA item

    4. Passport photos (which will need to be affixed to the duplicate NFA forms)- 2 per NFA item

    5. Certification of compliance (citizenship form) (5330.20) – 1 per NFA item

    6. Check for $200 – 1 per NFA item

    Both the Form 1 and the Form 4 will need to be signed off by a local law enforcement official (such as your local chief of police or sheriff). Make sure all your paperwork is completely filled out, including all requisite signatures and dates, because if something was missed, it will delay the paperwork processing. The time it takes to get approval for your NFA firearm may vary, but, average wait is about four months.

    Bundle all your completed forms and the necessary check(s), and fingerprint cards and mail it out to BATFE’s NFA Branch (the address is located on both forms). After that, all you need is a large reserve of patience, and the NFA firearm you want is yours to fire.
     
  5. mark_k

    mark_k New Member

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    Thank you. Does the person, who's name is on the form, do they need to be present with the firearm? Like if it is in a father's name, can the son use the weapon while the father is not present. Thank you. Would it be better to do the C&R as a partnership that way they would both be on the form and able to use? Thank you.
     
    Last edited: Jun 12, 2014
  6. purehavoc

    purehavoc New Member

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    You would need to be present but anyone can shoot it . And ALWAYS keep a copy of the paperwork where ever you take the gun . Oh and if you travel out of state you will need to call them and let them know your traveling with the firearm . It will keep you legal and I think it will last like 9 months for travel so you wont have to do it again in that time period . Partner ship wont matter because only one will be on the form 1 however if something happens to you he would already be on the C&R and could get the firearm transfered quicker by not having to wait on the C&R . Honestly I would call the NFA branch and ask them . They are really nice folks that will help you out with any questions you have . They may have a way around it so you can both get on it .
     
  7. mark_k

    mark_k New Member

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    Thanks, I have found that the local ones are good to deal with. I will give them a call in the morning.
     
  8. mark_k

    mark_k New Member

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    I forgot to ask the ATF this today, but to put a partnership, does it have to be a legal partnership, or just just putting the names down? Thank you.