Trustee use of Gun (out of state)

[MMH]

I have my guns listed in my gun trust. Can one of the trustees of my gun trust who is out of state borrow (with my permission as I am the primary trustee) & maintain control of the guns listed in the trust? The guns are Title I (not NFA) guns. I am a PA resident & the trustee is an OH resident. We both have CCW permits, and thus are not 'prohibited persons'.

I presume that the trust "owns" the guns, so no transfer is taking place. Nonetheless, I want to make sure that this would not be somehow considered an 'interstate transfer'. And, as the guns in question are Title I, this should be a local issue to be answered by the Sheriff, or, is this really a federal issue to be answered by the ATF?

This is a gray area because unlike NFA weapons, Title I guns are not controlled by federal law. I am not trying to skirt the law, and want to stay 100% lega. I am debating sending the question to the local Sheriff & the ATF. Normally, I tend to err on the beg for forgiveness side, but I do not have the time or money to become a test case.

[ungawa]

The sheriff will give you bad advice and the ATF will give you a new bad law.

[sawgunner73]

You have to be careful with Title I guns and trusts, because the definition of a person in the GCA does not recognize a trust as a person. So you can have regular firearms in a trust, but the trust doesn't "own" the guns.

[MMH]

What is "GCA"

You have to be careful with Title I guns and trusts, because the definition of a person in the GCA does not recognize a trust as a person. So you can have regular firearms in a trust, but the trust doesn't "own" the guns.

[greenjohn88]

Gun Control Act of 1968

The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company.

The same definition is used for 27 CFR 478.11, which is why a trust can't be an FFL.