How Do You Transfer a Gun to a Trust Under OR SB941?

[jimboshooter]

I have been reading OR SB 941 looking for answers on how you transfer a gun you purchased thru an FFL to a gun trust after the law goes into effect. Maybe I am a ding dong, but I cannot seem to find where the law covers this.

Any insight from anyone who has looked into this?

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[Jabba]

Since you can't do a background check on a trust, I don't think it would apply. I believe the language of the law refers to a "person" as the "transferee" or person who receives the firearm. Ask a lawyer though, just to be safe.

 

[jbett98]

The Trustor, or other named person connected to the trust will be filling out the 4473 when you pick up the firearm at the FFL's, just like when you pick up a suppressor.

 

[tkdguy]

Where are the Trust forms located within NWF? I can not seem to find these? Do the firearms listed in the trust become registered with the ATF or similar agency?

 

[jbett98]

SilencerCo has an online trust that you can buy.
There was a revokable gun trust on here that a member had posted, but it's been removed for some reason.
You have a schedule "A" in your revokable gun trust where you list all of the items.
The only gun trust items that the ATF would know about are what you have listed in the schedule A when you apply for a Form 1 or Form 4 item.
If you are only using the gun trust for inheritance purposes, the ATF isn't involved.

 

[Morpheus]

Having recently spoke to a lawyer regarding this very topic, I'll pass this along. You will want to verify by speaking with your own lawyer of course.

NFA items behave the same way the did prior to SB941.

Non-NFA items still require a background check for every transfer as it doesn't recognize Trusts in the new bill. So putting non-NFA firearms in a Trust no longer help you, if someone else than the owner wants to use it, you still have to perform the background check.

Yes, this really screwed up some things I was doing during my Will and Trust planning.

 

[tkdguy]

NFA means?

 

[Morpheus]

NFA = National Firearms Act.
Basically, Fully-Auto, Suppressors, Short Barrel Shotguns, and AOW (Any Other Weapons).

Things that require ATF Tax Stamps.

 

[tkdguy]

So. if you have a nice size collection what is the benefit to a trust? Especially, if you would like to lawfully avoid any gov't agency from having a list of your collection. I'd have to look closely at SB 941 to see what would have to be done with the collection to a direct inheritance to your children.

Having recently spoke to a lawyer regarding this very topic, I'll pass this along. You will want to verify by speaking with your own lawyer of course.

NFA items behave the same way the did prior to SB941.

Non-NFA items still require a background check for every transfer as it doesn't recognize Trusts in the new bill. So putting non-NFA firearms in a Trust no longer help you, if someone else than the owner wants to use it, you still have to perform the background check.

Yes, this really screwed up some things I was doing during my Will and Trust planning.

I just looked closely at SB 941 and my impression was that it may be best to give the firearms to a family member providing they are not a prohibited person before you pass. If the firearms are in the will and you pass then the will executor would have to follow SB 941. I'd have to look closely at this last item under sb 941 if the family member is a non-prohibited person.

 

[jrprich]

Where can one find info on the various trusts designed for firearms?

 

[The Heretic]

The way I read it, 941 exempts transfers due to death, or transfers to the immediate family

 

[tkdguy]

The way I read it, 941 exempts transfers due to death, or transfers to the immediate family

Do you have the citation reference on this issue? Thanks!

 

[Member 5605]

So anytime I buy a firearm post-941 I will use trust paperwork? From that point forward..

Or are you saying personal firearm trusts post-941 are invalid?

 

[The Heretic]

Do you have the citation reference on this issue? Thanks!

The text of the law:

https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB941/Introduced

(4) The requirements of subsections (2) and (3) of this section do not apply to:
(a) The transfer of a firearm by or to a law enforcement agency, or by or to a law enforcement officer, private security professional or member of the Armed Forces of the United States, while that person is acting within the scope of official duties.

(b) The transfer of a firearm as part of a firearm turn-in or buyback event, in which a law enforcement agency receives or purchases firearms from members of the public.

(c) The transfer of a firearm to:
(A) A transferor's spouse or domestic partner;
(B) A transferor's parent or stepparent;
(C) A transferor's child or stepchild;
(D) A transferor's sibling;
(E) A transferor's grandparent;
(F) A transferor's grandchild;
(G) A transferor's aunt or uncle;
(H) A transferor's first cousin;
(I) A transferor's niece or nephew; or
(J) The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of [2]this paragraph.

(d) The transfer of a firearm that occurs because of the death of the firearm owner, provided that:
(A) The transfer is conducted or facilitated by a personal representative, as defined in ORS 111.005, or a trustee of a trust created in a will; and
(B) The transferee is related to the deceased firearm owner in a manner specified in paragraph (c) of this subsection.

There is also a section in the law about a temporary transfer for hunting, target shooting and self-defense protection in the case of threat.

When in doubt, read the law.

 

[Jabba]

If you're worried about what happens when you're dead, the trust should function the same, as the only penalty in 941 is on the seller or previous owner, not the buyer or receiver of the firearm. They can't get you in the grave!