NFA Firearms Trusts

This is a discussion on NFA Firearms Trusts within the General Firearm Discussion forums, part of the Related Topics category; I am trying to gather some information for my Operations Manager who is at another camp who asked me some questions that I simply don't ...

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Thread: NFA Firearms Trusts

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    NFA Firearms Trusts

    I am trying to gather some information for my Operations Manager who is at another camp who asked me some questions that I simply don't know the answers to.

    First he has an attorney and I realize any responses here will be opinions.

    He is a resident of California. He has been told by his attorney that if he does an NFA trust and/or a corporation than he can place his firearms into that trust and they would be protected from any AWB in the State of California.

    He does not own any NFA weapons strictly handguns and AR's. I am under the impression that an NFA trust is strictly for NFA items and that his run of the mill weapons would not be protected. My opinion is that the state law would prevail and it would not protect them.

    Any ideas or opinions?
    "A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013

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    "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation."
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    Second Amendment -- Established December 15, 1791 and slowly eroded ever since What happened to "..... shall not be infringed."

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    Crowman. Thanks for the links I had read some of them. It looks like to me that if the state bans NFA weapons, there are some exceptions, then trust or not makes no difference.
    Looks like it does not cover non NFA weapons. My head hurts.
    "A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013

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    A trust need not be an "NFA trust". You can put anything into a trust. Most people who pursue an NFA trust do so to avoid the LEO sign off requirement on a form 1 of form 4 (many CLEO's refuse to sign even if it is permitted/legal within their jurisdiction. They mistakenly believe that they are then culpable if something were to happen). So you can create a firearms trust that is not an "NFA" trust.. In a trust, the trust owns the property.

    I would imagine that if an item is banned (as in an AWB) it would not matter who owns it, it would still be banned. The trust structure would likely not protect the item from the ban. The only remaining question would be who to prosecute for violation of the ban - should prosecution happen. Obviously, a trust cannot be prosecuted. I do not know if the State could go after the trustees or not in such a case.

    standard disclaimer of IANAL, but this is my understanding.
    tacman605 likes this.
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