Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
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    (Pike County)
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    Default Best way to do this?? NFA stuff.

    OK so here is a little background.

    I currently own a coupple SBR's amongst other firearms. Some I have bought , some I have inherited from deceased family members. I intend on adding some FA fun and supressors.
    My local LEO will NOT sign off for supressors, and im getting a hankering for a few. He will sign for FA/SBR/SBS/DD no problem, but the quiet stuff , no chance.

    Now I have a wife and 2 kids (15 and 11 yrs old). I am 41 yrs old and not getting any younger.

    What is the BEST way for me to do the following.
    A- aquire NFA items (supressor) without a LEO signature?
    B- with the experation of me, How can I secure the firearms to my children and my wife. Yup got the high blood pressure, stress, heart issues (hereditary). Every day could be my last, at home or at work.

    I am looking to keep this 100% legit and fool/law proof. I dont want todo a leaglzoom junk. I dont mind paying a lawyer to make sure I and my family are well protected without a doubt. I dont want the local LEO's walking in and hauling off our family heirloom/investment/future in case of my experation.
    I know there are the Trusts, LLC's and incorp's. But for the average blue collar worker, what is the best way to go.
    Now with either one, is there a yearly tax or paperwork for my accountant to deal with?? IS there anything besides some lawyers paperwork I must do to meet a requirement to keep the Trust/LLC/Incorp legit and running.

    I have searched this and found and read so much stuff, its all blurring together as one big slop mess. And am getting bits and pieces from this post and that post..

    Thank you in advance,
    Snert...

  2. #2
    Join Date
    Jul 2009
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    Center Ice, Pennsylvania
    (Schuylkill County)
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    Default Re: Best way to do this?? NFA stuff.

    Did you check how your county sheriff stands? IIRC, he can sign off as well if your local chief won't.



    Side note: It's strange that he's alright with everything else, but against something that protects hearing and wont cause much disturbance. Thank Hollywood once again...
    III%

  3. #3
    Join Date
    Jan 2010
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    Commonwealth of, Pennsylvania
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    Default Re: Best way to do this?? NFA stuff.

    Quote Originally Posted by Snert View Post
    What is the BEST way for me to do the following.
    A- aquire NFA items (supressor) without a LEO signature?
    B- with the experation of me, How can I secure the firearms to my children and my wife. Yup got the high blood pressure, stress, heart issues (hereditary). Every day could be my last, at home or at work.
    The general consensus seems to be an NFA Trust.

    A. It would enable to you acquire the NFA items you wish without dealing with an LEO every time you add more to your collection.

    B. And it would enable you to leave the items to your family through the trust as you can name beneficiaries, in the event of your death. And with your boys growing up - you can list them as trustee's. That way, they'll be able to legally operate them as well.


    Also you said you didn't want to go the legal zoom route? Why not exactly? There are thousands of people who have created their own trusts using simple intuitive software that you can buy at any office store. Don't let a few choice "Gun Trust Lawyers" who market themselves online through intimidation and scare tactics bother you.

    Here's some good reading to check out that has a step-by-step process. And once you create it yourself (saving a ton of money) you can have a local lawyer check it out for nominal fee.

    http://forums.officer.com/showthread...-to-the-NFA...

    http://www.86th.org/?id=nfa-trust
    Last edited by DVE; February 18th, 2011 at 12:50 PM.

  4. #4
    Join Date
    Jun 2010
    Location
    Wynnewood, Pennsylvania
    (Montgomery County)
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    Default Re: Best way to do this?? NFA stuff.

    I opened up a family LLC and put all four of my sons and my wife on the LLC. My sons take out the NFA weapons and suppressors without me being there. In fact they have put more items on the LLC then I have.

    They can take them out at age 18. Just make sure they have all of the proper paper work with the NFA items.

    My youngest would shoot at Target Masters all of the time. When he was 18 he looked like he was 12. He always got stares from the police but no one ever questioned him.

    Dane

  5. #5
    Join Date
    Jun 2009
    Location
    Apollo, Pennsylvania
    (Armstrong County)
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    Default Re: Best way to do this?? NFA stuff.

    Gunlawyer001 seems to be pretty helpful with this stuff. He may clear some of the confusion.
    Maybe he will chime in, or you can PM him.

  6. #6
    Join Date
    Mar 2009
    Location
    Lansdowne, Pennsylvania
    (Delaware County)
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    Default Re: Best way to do this?? NFA stuff.

    unsure if the below applies in PA but like Nate said, Gunlawyer is the man to ask about this. I found the info below after a google search of "Trust vs LLC"



    Individual Ownership
    Pros:
    - Least complicated first purchase. (No need to get a lawyer involved)
    - Least expensive because there are no start-up or maintenance costs
    - Upon death, NFA items can be transferred to your "heir" tax free with a ATF Form 5 (5320.5)
    Cons:
    - Must get fingerprinted for each NFA application
    - Must get CLEO sign-off
    - Only the registered individual is allowed to have access to the item. Others may use the item only in the registered user's presense.

    Trust Ownership
    Pros:
    - Fingerprinting not required
    - CLEO sign-off not requred
    - Reasonable one-time start-up fee with no annual fees
    - All settlers and trustees can have access to the NFA items (if the trust allows it)
    Cons:
    - Must submit a copy of trust with the form 4 for each purchase
    - In Louisiana, the term of a trust is 20 years from the death of the settlor or the death of the beneficiary, whichever occurs last. This necessitates that all items be Form 4 transferred out or surrendered to the ATF

    LLC / Corp Ownership
    Pros:
    - Fingerprinting not required
    - CLEO sign-off not requred
    - Lasts forever if maintained properly. Meaning that you can pass down your LLC and it's NFA assets to future generations without Form 4 transfers.
    - Can sell the LLC along with it's NFA assets without Form 4 transfer fees (to anyone that can legally possess firearms)
    - Limitation of Liability. If an "accident" occurs by an authorized user, liability is limited to that user and the LLC
    - LLC can authorize individuals access to NFA items
    Cons:
    - Must file an annual report to maintain. Filing fee currently costs 25$ in Louisiana but could increase.
    - Must file tax return
    - Information about your LLC is publicly available (such as address)

  7. #7
    Join Date
    Feb 2011
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Best way to do this?? NFA stuff.

    I asked my CLEO to sign for me to make a SBR but he didn't want to. So I found a guy in Pa that does NFA trust and told me everything about it so I went with a trust. Now im able to own NFA weapons but each time I buy it I have to send a copy of the trust in with the forms. Just find a lawyer that handles NFA trust and they be glad to help you out with everything.

  8. #8
    Join Date
    Jan 2010
    Location
    Commonwealth of, Pennsylvania
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    Default Re: Best way to do this?? NFA stuff.

    Quote Originally Posted by RUArmed View Post
    Just find a lawyer that handles NFA trust and they be glad to help you out with everything.
    Just to clarify - there is no real difference between forming a trust for guns (NFA) and a trust for anything else. [As per everything else - not all trusts are identical but vary according to circumstance.] Granted it wouldn't hurt if the lawyer was at least a little familiar with gun laws.


    EDIT: For Clarification.
    Last edited by DVE; February 20th, 2011 at 01:37 AM.

  9. #9
    Join Date
    Oct 2009
    Location
    Pocono's, Pennsylvania
    (Lackawanna County)
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    Default Re: Best way to do this?? NFA stuff.

    Joshua prince did my trust and the one time fee provides great piece of mind! Btw, suppresors and great and very addicting!!!

  10. #10
    Join Date
    Oct 2007
    Location
    Milford, Pennsylvania
    (Pike County)
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    Default Re: Best way to do this?? NFA stuff.

    Quote Originally Posted by NikeBauer21 View Post
    Did you check how your county sheriff stands? IIRC, he can sign off as well if your local chief won't.



    Side note: It's strange that he's alright with everything else, but against something that protects hearing and wont cause much disturbance. Thank Hollywood once again...
    This is the pike county sheriff, He feels they are useless. And unfortunatly, there is no local town police where I live. So only other choice is the PSP, and we all know how well that willgo over.

    Quote Originally Posted by DVE View Post
    Also you said you didn't want to go the legal zoom route? Why not exactly? There are thousands of people who have created their own trusts using simple intuitive software that you can buy at any office store. Don't let a few choice "Gun Trust Lawyers" who market themselves online through intimidation and scare tactics bother you.

    Here's some good reading to check out that has a step-by-step process. And once you create it yourself (saving a ton of money) you can have a local lawyer check it out for nominal fee.

    http://forums.officer.com/showthread...-to-the-NFA...

    http://www.86th.org/?id=nfa-trust
    I dont trust a multi use FITS all electronic law making documents. Unfortunatly every situation is unique in its own way. And god forbid Something happens that would involve the LAW/FEDS/Police. I dont want to trust a computer program that you forget to click one box, sends you to the gray bar no tell motel for 10 years.

    I have to read the links you provided later today after the gunshow..time to go find some new tenants for the safe.

    Our sheriff, he's a real good guy, has signed all NFA papers without a problem. He just wont do supressors.

    Chaotic- thats a cool bit of a comparing chart.. should be a sticky up top. Thank you!

    And THANK YOU to all posted above for the input..feel free to add more comments.

    Snert..

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