Basic NFA Question(s)

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I'm planning on buying a short-barrel upper for my 9mm CMMG guard. At some point I'll do an NFA trust, but short term I'll probably SBR my lower as an individual. I understand that my wife can't use the SBR (she has no interest). I'd guess that she cannot have access as well. For example, she no longer can have access to the safe, but to what extent would this extend? Does the SBR have to be in "my possession" at all times (or secured by a means to which only I have access)?
 
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You wasting $200 and your time if you go from individual to a trust. Just do the trust from the get go.
As an individual, your wife wont be able to use the NFA item unless your present. I've seen from lawyers on other forums state the ATF doesn't care if she has access to the safe, she just can't take it and use it by herself. If its just a GF, that's another story.
 

GWS

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I'm really wishing I had put my silencers in a trust from the get go.
It's going to be expensive to put them all in a trust now, but that will be the only legal way I'm aware of that let's me pass them on to family and friends.
 

Reno

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I have forms in the safe to transfer ownership of my stamped items to me wife and or father if there happens to be a misfortunate early exit. Mine are all individuals.

Im no lawyer, but don’t overthink this stuff too much. It’s not like the ATF is walking around doing house calls.

Keep them secured in an adequate safe, not a locker. Explain them to your spouse. You’ll be fine.

I remember reading an article online, I’ll see about finding it again. It was in regards to death and the NFA. Something like 1 of every 5 NFA items goes dark after a death. IE someone inherited it and no proper paperwork was filed. In that article a lady didn’t even know she had NFA items in her house after her husband died. Some where registered full autos. She went to make everything legal years after her husband’s death. No penalty or jail time. The article made it sound as if the ATF was elated to learn of the items location and such.

After reading that article, I’ve come to think that the ATF doesn’t do much upkeep on things after the initial registration.
 
The wife's ability to use NFA items was a big reason why we went the trust route. There were other benefits as well back then, but 41F put an end to that. If it were me starting out again on the NFA journey, I'd go trust, but to each their own. If you want a relatively easy, cost effective trust, Northwest Gun Law Group did good work for us. Good luck.
 
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There is no legal requirement for you to put your NFA items or anything else for that matter item in a safe. People get really busy making stuff up sometimes. If you believe otherwise please cite the federal code. ITS NOT THERE !!!

Your wife can use the item while she is with you. She cannot use them without your being present. That doesn't mean she can't be in the house while they are sitting in the dresser drawer. A NFA or firearms "transfer" is a change of ownership. It is not what 3/4 of the internet gun lawyerdom says it is.
 
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Hello! Since this thread is for NFA questions, well, I have one. If I pay and apply for the stamp for the use of a suppressor, can I build my own?

Sorry if this question has been asked and answered many times.
 

Red98422

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D'oh! Well, I do not know if it is worth it..........cost wise.:(
Well, usually one goes the route of a form one for a few different reasons and these are mine.
#1 is the wait time, usually a month or less for stamp in hand whereas a 4 can be upwards of over a year :eek:
#2 pride of making it yourself
#3 potential cost effectiveness (not big on my list)
 

Reno

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I see this as a potential bonus for single shot trusts. I have everything in one trust now, but this seems like a fairly simple work around for selling NFA stuff.
How? The trust would be treated as the entity selling the item, not you. The trust still has to abide by all NFA laws.
 
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Thats sort of correct. The trust owns the property not whoever is on the trust. They are just trustees or administrators of the trust. A trust is its own entity and is not "owned" by anyone.
 

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