Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Mar 2006
    Location
    Bechtelsville, Pennsylvania
    (Berks County)
    Posts
    919
    Rep Power
    20052528

    Default FYI...a trust cannot be issued a C&R

    So that unsuspecting individuals, especially Missourians, are not caught in a trap, be aware that a trust CANNOT be issued a C&R License. If you look under the CFR for the definition of "person" in the licensing portion, a trust is NOT listed, unlike the definition of a "person" for NFA firearm ownership. I have written a more explanatory article here: http://blog.princelaw.com/2009/4/28/...relics-license. The BATFE has allegedly already issued a C&R to a trust in Missouri.

  2. #2
    Join Date
    Nov 2008
    Location
    Garnet Valley, Pennsylvania
    (Delaware County)
    Posts
    330
    Rep Power
    506611

    Default Re: FYI...a trust cannot be issued a C&R

    Can the grantor have the C&R and just put the C&Rs in the trust? Or a trustee? I thought the intended purpose of a trust was to protect certain assets for passing on to heirs or other beneficiaries.

    Or is this some cruel twist of law where the grantor using the C&R to acquire an NFA C&R item for the trust would have to pay the transfer tax twice?

    I suppose by now you know what a fan I am of the NFA + GCA.

  3. #3
    Join Date
    Mar 2006
    Location
    Bechtelsville, Pennsylvania
    (Berks County)
    Posts
    919
    Rep Power
    20052528

    Default Re: FYI...a trust cannot be issued a C&R

    No because the trust owns the asset. It would be no different than allowing and individual, who owns a NFA firearm, to place it in the trust without a transfer fee. It cannot happen. I can see an argument for allowing a trust to be issued a C&R since the purpose is solely for collecting, but the regulations state otherwise.

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