NFA Item possessed by trust physical location

**ExFlyinguy** · December 7th, 2014, 02:24 PM

Got a question I figured I'd float around. Although I think it's a nobrainer, logic doesn't always seem to be the point of NFA. So here goes:

I have a gun trust which currently possess' 1 (5.56) silencer. I set the trust up and named my brother as a Co-trustee. He lives in Ohio.

I know Ohio is a silencer legal state. I know the ATF does not require the paper work for silencers to move across state lines.

Those are the things I know, here is the question: My brother has just built an AR in 300BLK. He would like to get a .30 Silencer. Instead of him buying as an individual, or making his own trust, I was thinking either he or I can purchase the can and he could keep it & the Tax stamp with it in Ohio?

It sounds doable to me, but I often miss the catches. What say you?

Edit to add: I did find a very limited discussion on arf.com https://www.ar15.com/archive/topic.h...&f=50&t=412404

Still interested if anyone here has opinion. I'm going to see if I can get an answer from BATF.

**WCMG** · December 7th, 2014, 06:24 PM

The "trust" purchases the new suppressor and since your brother is a co-trustee, he's allowed to have possession of anything on the trust that is legal in his state.

Now where is the paperwork stored? I would have the original Form 4 with you and give him a copy to carry with the can.

**mmi** · December 7th, 2014, 07:54 PM

he also needs a copy of the trust . they sort of want to know what state the item is located

**ExFlyinguy** · December 7th, 2014, 09:18 PM

Thanks folks!
I spent about an hour scouring the BATF website. I can't believe they don't cover this question in their FAQs. I would think it would be a common question.
Anyway, I had nothing better to do so I typed out a my question, and figured I'd snail mail it and see if I hear back.

If I get a response from Da Man I'll post it here.