Silencerco Offers Easy NFA Trust

[rangerlars]

I don't know much about this, but I trust Silencerco to figure it out. $129 50 state legal.

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[i3izzy]

Not a bad price. I wonder if it is backed by any lawyers or just similar to something made from Willmaker.

 

[Doc In UPlace]

Thanks for the post.

 

[Stomper]

Not a bad price. I wonder if it is backed by any lawyers or just similar to something made from Willmaker.

"Backed by lawyers" in what way? Lawyers are good for helping the uninformed navigate through the legal "forrest". They don't MAKE law, they follow it, and they sure as H don't push judges and cops around (like you see on TV).

Anyone who can read the requirements/instructions can draw up a LEGAL trust/will, it's nothing more than reading the recipe and making a cake. The other thing lawyers are good for is emptying your pockets in seconds flat!

I drew up my own NFA trust according to Oregon statutes and it sailed through w/o any problems for my SBR'd DRACO. I also did all the immigration papers (myself) for my Australian wife and three kids... That was a bit of a pain (and expensive), but it wasn't brain surgery either.

 

[i3izzy]

I never implied they make the law. A lawyer writing up a legal document is is like a tax man doing your taxes. An insurance policy in case things go sour. If there was something wrong, the lawyer you payed would be obligated to assist you.

Not everyone has enough free time to pour over all the laws to make sure things they wrote are fine. To some people it is easier to pay someone to do that for you.

I just don't want people thinking this is anything more than something you can get from something like a Willmaker program. I don't want people to think this comes with any kind of guarantee if it doesn't. I personally love Silencerco and own their products.

 

[usagi]

i still don't get why people want to pinch pennies and cheap out on an instrument designed to keep you out of FEDERAL PRISON.

NFA laws are no joke.

an ATF stamp does not mean your trust is legal.

 

[Stomper]

If it didn't comply, you wouldn't get the stamp in the first place.

 

[i3izzy]

If it didn't comply, you wouldn't get the stamp in the first place.

Because the BTAFE has never sent out an approval they then later went back on....


I agree with usagi, it is worth it to keep me or someone else I know out of jail. Depending on how your trust is written and where you are located, just allowing someone else to touch your NFA item can be a violation of the law. Mine is written with the ability to temporary allow someone else to take possession of the item, say when we go out shooting for the day.

 

[usagi]

If it didn't comply, you wouldn't get the stamp in the first place.

so very, very wrong.

the batfe does NOT analyze your trust for legality. it is not their job to ensure your trust is legal. that is YOUR job.

 

[Stomper]

Do what's right for you. I read the ORS pertaining to trusts in Oregon, and did it according to that. Done deal.

 

[FatherOfThree]

Do what's right for you. I read the ORS pertaining to trusts in Oregon, and did it according to that. Done deal.

Can you link to this?

 

[i3izzy]

I made sure my Trust is legal in all states. Who knows where I might move and where the people who inherit my trust might live. But to each their own.

 

[Stomper]

Can you link to this?

Here ya go, FOT. Everything you ever wanted to know about Oregon law concerning a Trust: http://www.oregonlaws.org/ors/chapter/130

 

[Stomper]

I made sure my Trust is legal in all states. Who knows where I might move and where the people who inherit my trust might live. But to each their own.

That's a valid concern. Here's the ORS concerning trusts from other jurisdictions (I can't imagine drastic differences in other states as long as specific NFA items aren't banned)....

§ 130.160¹
UTC 403. Trusts created in other states, countries or jurisdictions
A trust not created by will is validly created if the creation of the trust complies with the law of the state, country or other jurisdiction in which the trust instrument was executed, or the law of the state, country or other jurisdiction in which, at the time of creation:

(1)The settlor was domiciled, had a place of abode or was a national;

(2)A trustee was domiciled or had a place of business; or

(3)Any trust property was located. [2005 c.348 §23]

 

[Stomper]

so very, very wrong.

the batfe does NOT analyze your trust for legality. it is not their job to ensure your trust is legal. that is YOUR job.

Strange, I have heard of Form 1's & 4's getting kicked back because the Trust was missing required elements of one sort or another to make them legal. Again, do what is right for you.

 

[i3izzy]

Yes, this ORS says that Oregon will honor other states trusts. I have a feeling Cali and DC might be different but I don't have the motivation to look.

You trust also has to be written a specific way to allow for trustees to not all reside in the same state. That or multiple different people have blown smoke up my bubblegum.

 

[i3izzy]

Strange, I have heard of Form 1's & 4's getting kicked back because the Trust was missing required elements of one sort or another to make them legal. Again, do what is right for you.

http://www.guntrustlawyer.com/2013/08/atf-electronic-forms-available.html

Last line: Remember that just because the ATF approves a transfer to a trust, it does not make your trust valid or appropriate to use.

Maybe this is more lawyer blow smoke. But it is the best I found quick.

 

[Stomper]

The details of your trust will depend on your circumstances and what you want done. My Trust is named "Stomper" Family Trust, and it's just that. A revocable family trust listing qualified/eligible family members as trustees, what they're allowed to do, and lists of property under its control, with specified lines of succession upon my demise or incapacitation, etc.

If I draft up the same exact Trust that a lawyer does, the one written by the lawyer isn't more "legaler" than my exact copy written by me just because he's a lawyer and I'm not...


Like I said, do what's right for you. I'm fine with mine.

 

[i3izzy]

I am happy with mine and it was more than worth the money to know I am protected from committing a federal crime.

I feel we got way off topic here. If you want to continue this discussion I am more than happy to take it to PM.

 

[usagi]

Strange, I have heard of Form 1's & 4's getting kicked back because the Trust was missing required elements of one sort or another to make them legal. Again, do what is right for you.

the ATF has alternately approved and denied stamps for the SAME trust.

depending on the ATF to determine the legal validity of your trust is not wise.

again, penny pinching on a legal instrument designed to keep you from running afoul of FEDERAL FELONIES. baffling.