Trust not a person. Trust can own modern MG...has ATF created loophole?

[BenFoo]

http://www.thetruthaboutguns.com/201...-gun-registry/


Well the logic looks sound.....but since when does the ATF follow logic.

[ungawa]

[quote]No big deal, especially for us in Pennsylvania, as Pennsylvania Instant Check System (PICS) checks are already required for all NFA firearms, except silencers.

Based on what? Citation of PA law requiring all NFA firearms transfers to undergo a PICS check, please.

[BenFoo]

GCA: Person does not include trust.
NFA: Person does include trust.

GCA: Bans post-86 MGs from being transferred to a person _as defined in the GCA_.
NFA: Doesn’t ban post-86 MGs from being transferred to a person _as defined in the NFA_.

Therefore, as I understand the logic:
GCA doesn’t ban the transfer of a post-86 MG to a trust.
GCA would force a NICS check on such a transfer due to the BATFE’s logic.
NFA allows the trustee to possess/use.

[ungawa]

GCA: Person does not include trust.
NFA: Person does include trust.

GCA: Bans post-86 MGs from being transferred to a person _as defined in the GCA_.
NFA: Doesn’t ban post-86 MGs from being transferred to a person _as defined in the NFA_.

Therefore, as I understand the logic:
GCA doesn’t ban the transfer of a post-86 MG to a trust.
GCA would force a NICS check on such a transfer due to the BATFE’s logic.
NFA allows the trustee to possess/use.

Are you responding to me? Because I asked no such question.

[BenFoo]

Are you responding to me? Because I asked no such question.

Nope. Just posting a type of summation.

[ungawa]

OK I thought I was missing something.

[ccphilly1984]

I hope he gets it. I will set up a trust instantly if that works

[wanneroo]

I'm glad Mr. Prince has volunteered to be our test case.

As Keanu Reeves would say, "Excellent!"

[elweasel]

So the prices for mg's should come down, if this works.

[GunLawyer001]

This is frivolous. Can a felon possess a firearm owned by a trust? Nope. The status of the natural person matters, regardless of the trust ownership or his agency.

Can "any person" possess a post-86 MG owned by a trust? Nope:

(o)
(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to—
(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.