Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Apr 2009
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    Doylestown, Pennsylvania
    (Bucks County)
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    Default Bucks County & SBR

    Has anyone tryed/been approved by the CLEO in Buckingham, PA to purchase/build a SBR? Who did they get to sign off on the paperwork? I am considering a build (LWRC PSD 6.8 SPC) and was hoping someone might know a person that was amenable to approving these types of items.
    Thanks

  2. #2
    Join Date
    Nov 2007
    Location
    Warminster, Pennsylvania
    (Bucks County)
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    Default Re: Bucks County & SBR

    IIRC, all departments in Bucks Cty defer to the Sherriff in D-town, but he's very willing to sign...or you could do what I did and establish a trust and avoid the whole signature/fingerprint step alltogether )

  3. #3
    Join Date
    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: Bucks County & SBR

    Quote Originally Posted by restojunkie1967 View Post
    IIRC, all departments in Bucks Cty defer to the Sherriff in D-town, but he's very willing to sign...or you could do what I did and establish a trust and avoid the whole signature/fingerprint step alltogether )
    Don't get me started on the risks of NFA trusts.

    If you can get the signature, then just go ahead and get the signature. Then you own it, without any intervening fiduciary duties or statutory formalities, there's one less link in the paper trail that you have to prove to avoid felony possession.

    If you can't get the signature, then use an LLC or a corp, both of which are simple to run, if you have a competent Pennsylvania professional with enough years of experience in NFA issues create it, for the purpose of holding NFA firearms within Pennsylvania. LLC's and corps are rock-solid entities that ATF can confirm on the PA state website, and any challenge faces the presumption of validity once PA approves them.

    I could create trusts just as easily as I create LLC's and corps for clients, but I choose not to put clients into NFA trusts. I've been practicing for 15 years, my feeling based on my experience is that trusts may be a problem, and I don't put clients into problems.

    Others may disagree. Pay your money and take your chances, that's how life works.

    But in Bucks county, it's a no-brainer if you have a clean record and an LTCF.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  4. #4
    Join Date
    Dec 2007
    Location
    Lancaster, Pennsylvania
    (Lancaster County)
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    Default Re: Bucks County & SBR

    Might I inquire lightly as to what a risk might be of a trust at this time? I gather there are tax implications of LLC's and corp's, like a minimum tax per year is expected. The reason my wife and I will be interested in an NFA trust or corporation is for multiple authorized users of NFA stuff, not just to avoid signature issues. The individual owner tax stamp is too restrictive.
    Last edited by Yellowfin; June 18th, 2009 at 10:00 AM.
    "You can't stop insane people from doing insane things by passing insane laws--that's insane!" -- Penn Jillette

    "To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic." -- Ted Nugent

  5. #5
    Join Date
    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: Bucks County & SBR

    Quote Originally Posted by Yellowfin View Post
    Might I inquire lightly as to what a risk might be of a trust at this time? I gather there are tax implications of LLC's and corp's, like a minimum tax per year is expected. The reason my wife and I will be interested in an NFA trust or corporation is for multiple authorized users of NFA stuff, not just to avoid signature issues. The individual owner tax stamp is too restrictive.
    Your New York law is certainly different from PA law, but as of now, there's no annual minimum tax for either a PA corp or LLC (other than a professional LLC for doctors or architects, etc). There are no constraints or fiduciary duties for corps or LLC's, except to the owner (you). Owners of corps and LLC's can all be granted authority to possess NFA items owned by the entity.

    There's very little chance that ATF could challenge the validity of a corp or LLC that's in good standing with the state. That can't be said about trusts that were improperly drafted or improperly operated, even though I haven't yet heard of any independently verified instance of a trust being challenged by ATF.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

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