To "trust" or not to "trust," that is the question...

[mp517prct]

I have a vz.61 Skorpion pistol that I plan on SBR'ing. It is just my wife and I, we have no children and we are in our late 30s, so handing the gun down to heirs is not an issue right now. What I am concerned about is, do I need a "trust" to cover my wife? She is concerned that if her name is not on the form 1 and I'm not home, she is in possession of an SBR without permission from Uncle Sam.

If I "kicked-the-bucket," and the gun isn't in a trust with her listed as a trustee, is she going to have issues getting it into her name and/or selling it?

Also, if something happened to my wife and I, my father would take possession of my firearms. Do I create a legal nightmare for him, if the gun isn't in a trust with him listed as a trustee?

Some legal guidance would certainly be appreciated, since this is my first toe-dip into the world of NFA...

[GunLawyer001]

I've never, ever heard of a case where the non-prohibited spouse of an NFA registrant was prosecuted for having access within the family home to the registered NFA firearm.

A prohibited spouse can be prosecuted and convicted, but she wouldn't be helped by an NFA gun trust anyway.

It's a scare tactic designed to sell NFA trusts.

[GunLawyer001]

. . .

If I "kicked-the-bucket," and the gun isn't in a trust with her listed as a trustee, is she going to have issues getting it into her name and/or selling it?

Also, if something happened to my wife and I, my father would take possession of my firearms. Do I create a legal nightmare for him, if the gun isn't in a trust with him listed as a trustee?

...

Your estate administrator or executor steps into your shoes, and has every right to possess the NFA stuff as though they were you, assuming they aren't prohibited persons. But that wouldn't be helped by a trust anyway.

Honestly, complicating most estates by adding a layer of entity ownership usually doesn't help anyone except the lawyers.

[esh21167]

I trust Phil. In the home is not a problem. Use would be another story. I had a trust drafted so family members could use NFA items without me having to be with them.

[ExFlyinguy]

I trust Phil. In the home is not a problem. Use would be another story. I had a trust drafted so family members could use NFA items without me having to be with them.

I agree. Another primary reason I initially used a trust was to avoid the hassle of fingerprints & photographs. That's no longer a luxury, so from here on out if I acquire more NFA items they will be done as an individual even though I already have a trust.

[Justin///M]

I agree. Another primary reason I initially used a trust was to avoid the hassle of fingerprints & photographs. That's no longer a luxury, so from here on out if I acquire more NFA items they will be done as an individual even though I already have a trust.

This is why I have a trust and now just do individual since the trust no longer offers any advantages.


I would like to transfer the one item that I have on the trust to myself, but don't want to pay another tax to the Crown.

[GunLawyer001]

This is why I have a trust and now just do individual since the trust no longer offers any advantages.


I would like to transfer the one item that I have on the trust to myself, but don't want to pay another tax to the Crown.

That $200 tax is never going to be cheaper, but it could go up a lot if current legislation is enacted. Bite the bullet and transfer it out of the silly trust, simplify your estate before the cost goes up.

[Ronin]

I trust Phil. In the home is not a problem. Use would be another story. I had a trust drafted so family members could use NFA items without me having to be with them.

This is part of my conundrum. I'm finally thinking about SBR'ing something and I want both my wife and I to be able to use it without the other one present. The fingerprint and photograph requirements for both of us doesn't bother me. Other than the "use" factor, there doesn't seem to be any other reason to setup a Trust, but "use" is a pretty big requirement for me.

What's the best way to go to setup a Trust these days? Through a lawyer, one of the $99 services, or voodoo and some chicken bones?

[Parrisk]

Your estate administrator or executor steps into your shoes, and has every right to possess the NFA stuff as though they were you, assuming they aren't prohibited persons. But that wouldn't be helped by a trust anyway.

Honestly, complicating most estates by adding a layer of entity ownership usually doesn't help anyone except the lawyers.

Dang it:
You must spread some Reputation around before giving it to GunLawyer001 again.

Glad you are on here Phil to point us in simple matters.. I know if I ever NEED a lawyer for 2A issues who I will contact first

[NathanB]

Agreed. I have six on a trust but my last two stamps were done as individuals. The fingerprint requirement and photo make it a moot point for me.