Pennsylvania Firearm Owners Association
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  1. #1
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    Oct 2014
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    Default Gun Trust in PA for an out of state resident?

    Hi all

    A bit of a complex scenario but please bear with me - i am hoping someone here went through a similar situation. I did some searching on the forum and am referencing some of them like this one: http://forum.pafoa.org/showthread.php?t=319725

    We're moving to PA from NY. In NY, we have several shared pistols (on both mine and her permits). Both of us have unrestricted permits in NY and Out of State permits in PA. We want to keep the NY permits since the NY will be the primary residence for at least a couple of years. We're planning to move some things to PA and keep a few in NY. Plans for finally being able to purchase some NFA items are at the top of the list.

    Since we still need our NY permits and Driver's License, in order to establish a legal residence in PA for at least one of us - we would have to use a passport and a deed/utility bills. Lets say it is I who would be the new "official" PA resident, adding my other half as the officer/trustee of the trust. I understand that both of us would still have to do the 41F/photos/fingerprints.

    So a couple of questions:

    1. Will establishing a gun trust in PA and adding her as an officer who is a resident of NY be a problem? Obviously any future NFA items would never travel to NY.
    2. Is a driver's license needed to create the PA trust? Or is a passport with a combination of a deed/utility bills would be enough?

    Thanks in advance!

  2. #2
    Join Date
    Apr 2010
    Location
    Bangor, Pennsylvania
    (Northampton County)
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    36
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    Default Re: Gun Trust in PA for an out of state resident?

    Quote Originally Posted by tefloncoated View Post
    Hi all
    So a couple of questions:

    1. Will establishing a gun trust in PA and adding her as an officer who is a resident of NY be a problem? Obviously any future NFA items would never travel to NY.
    Contact an attorney that specalizes in Trusts but I don't see why it would be an issue. Just use your PA address as the address where the NFA items will reside

    2. Is a driver's license needed to create the PA trust? Or is a passport with a combination of a deed/utility bills would be enough?
    You do not need a DL, passport or any other documentation to form a Trust.

    Thanks in advance!
    See my responses in bold

  3. #3
    Join Date
    Jan 2007
    Location
    State College, Pennsylvania
    (Centre County)
    Age
    65
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    4,802
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    15019444

    Default Re: Gun Trust in PA for an out of state resident?

    As long as you own AND reside (at times) at the PA residence AND provide the FFL with a copy of your current real estate tax forms, you can get NFA items using that address. People on trusts can be from anywhere in the US as long as the trustees are not prohibited. You don't need a DL to form the trust but you will need the DL when you pick up the NFA item (for the ATF Form 4473 and any necessary PA Form(s).

    A more complete answer can be given if we know what NFA item(s) you are planning to get (SBR, SBS, Full Auto, suppressor). Also, as said before, the NFA item must stay at the PA residence unless you or a trustee is taking it/them to a place where they are legal, to use them.

    I have a customer (NYC resident who owns and lives in a home in PA) who has obtained a Reising submachine gun and suppressors through me with no problems at all. He knows he cannot take the Reising into NY.

    Note, you must actually reside in the PA home at times during the year. If you rent/lease the home out, the ATF says that even though you own the home, you are not residing in it and as such you would not be considered a dual state resident. This was made abundantly clear to me when I first did one of these (dual state resident) transfers and it wasn't at that time for an NFA item, just a regular handgun transfer.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

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