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Hi all,

I'm strongly considering buying my first NFA item (a silencer) within the next few months. I'm debating trust vs. NFA and was wondering how hard it is to get Sheriff Jason Myers to sign off on an NFA item? How do I go about contacting him to get the signoff? How does the process work? Would I be better off just setting up the Trust and calling it good?

Thanks in advance,

Greg
 
I've heard he's good to go...asked the gal in the sherrif's office when I was considering the personal vs trust route. Went with the trust route to save on the extra expenses & ease of letting other trustee's posessing items.
 
you will need 2 photographs (passport), 2 sets of fingerprint cards (done at the OSP in N. Salem) along w/ the BATFE paperwork if you go personal route. Bypass steps 1 & 2 if you do the trust...just send in paperwork & $200 check to BATFE!
 
Other then just the LEO sign off the Trust has the advantage that anyone on your trust can have legal possession of the items. Also while it is a tax free transfer to a heir with the trust just keeping it set up and running is easier too.

Just a couple of thoughts.
 
Can someone explain the difference here to me please? I Have been interested in a suppressor but was under the impression there was only one way to do it? What is the difference between trust and personal?

Thanks,
Dan
 
Can someone explain the difference here to me please? I Have been interested in a suppressor but was under the impression there was only one way to do it? What is the difference between trust and personal?

Thanks,
Dan

There are several ways to purchase NFA items; as an individual or a legal entity like a trust, corporation or LLC.
An individual is where one person owns the NFA item and is the only person that can have access to the NFA item. If it is out of your possession it must be locked up so no one else can access it. This does not prevent others from using it in your presence, but you can't loan it out. You would have sole discretion to buy or sell those items and you need to get CLEO signoff and submit fingerprints and a passport photo with your Forms 1 or 4. Upon your death the NFA items would be transfered tax free to your heir(s) on a Form 5.

You can draft your own trust with software or have one drafted for you by an atty. State laws vary on trusts, but in Oregon you don't need to file the trust with the state, it's valid as soon as you have it notarized. Since the trust is a legal entity and not a person, you don't need to submit fingerprints or a photo, or get CLEO signoff. My trust is set up so my wife and I are grantors and my kids are the beneficiaries. My wife and I can both add items to or remove items from (buy or sell) the trust. Either of us can have possession of the NFA items in the trust, and it can be written in such a way that others listed in the trust can posses them too. I can order something and fill out the forms and she could be the one who picks it up from the dealer since we're both grantors. When one of us dies, the trust is still valid and the survivor keeps the NFA items without any paperwork since the the items are still held in trust. When the survivor dies, the NFA items held in trust are transfered to the beneficiaries tax free on a Form 5, same as for an individual.
I used Quicken Willmaker Pro 2008 to draft my trust and it took about 30 minutes to complete and print out, another 10 minutes to run to the bank and get it notorized and I was done. There's no delay in waiting for CLEO signoff, I can submit paperwork to the ATF the same day as my dealer fills it out and hands it to me. Actually, I filled out and printed the Forms 4 for my first two transfers and just swung by my dealer to have them signed, but now he has the software and I just do it on his computer.

Even though the CLEO in my county will sign, I prefered to go the trust route for the advantages it offered me.
I am not a lawyer, yadda yadda yadda, this is just my experience and the choice I made.
Hope this helps.
 

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