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Question about living will for NFA transfers

4K views 13 replies 6 participants last post by  rudy64 
#1 ·
I read the thread about using a living will for NFA transfers. It explains how to do it, but it's a little vague about the purpose. Let me see if I get this right. I can use a trust in order to obtain a form 4 (after I pay a $200 fee) in order to own a full auto weapon, short barrel rifle, or silencer? This also means that I have to pay the tax on every item that I get?

Also, I can only buy guns that were preban ($$$$) but not new autos cause only law enforcement and military can own? Am I on the right track?

:confused:
 
#2 ·
yup you seem to be on the right track, only full autos made before 1986 (im not 100% about that year but its somewhere close to it)
but all the other stuff can be new
and yes you ahve to pay the $200 tax for each item except for an AOW which is $5

you can also get the gun as an individual you dont have to do the trust route. ive done all three of mine as an individual
 
#3 · (Edited)
And, if I get a silencer for an AR-15, can I use the same one on multiple guns?

Also, the order for purchase is to get the form 4, buy the SBR or silencer, and then register?
 
#4 ·
And, if I get a silencer for an AR-15, can I use the same one on multiple guns?

Also, the order for purchase is to get the form 4, buy the SBR or silencer, and then register?
yea i have a 22lr silencer and i use it on all my 22s

and when you buy one at a class III dealer they will give you the form 4 and will usually help you fill it out and then you send it off and wait and wait and wait some more and then when it gets aproved and sent back to the dealer you go pick it up and your done. and all dealers have different rules as far as how much you have to pay before you ship it off. my dealer requres 20% down and the balance due by the time your form comes back or 90 days which ever is longest
 
#5 ·
Hey sourpatch, has the ATF or LE ever paid a visit to check your hardware or paperwork?
 
#6 ·
Hey sourpatch, has the ATF or LE ever paid a visit to check your hardware or paperwork?
If he isn't a dealer (holds an FFL), they can't do that. That would be a warrantless search.

I have a Trust, and three NFA items: SBR, 5.56 suppressor and .22lr suppressor.

LWRC M6A1 with a 10.5" barrel. Notice the receiver has been engraved with the name of my Trust and the City/State.



Same rifle, with an AAC M4-2000 (mod 07) suppressor attached.



Ruger MkIII w/ Pac-Lite (Tactical Solutions) upper and AAC Pilot:



This is what a Form 4 looks like, with the tax stamp affixed to the top right hand corner.



The benefit of the Trust is for those who cannot get their Chief LEO to sign off on their paperwork. You also don't have to get fingerprints or photos taken. Lastly, the paperwork processing is faster, as they don't need the background check (that's done at the time of pickup via the NICS system.)

Hope this helps.
 
#7 ·
Oh, I've been researching and found this on Wikipedia (I know, I know):

"Upon the demand of any ATF agent, the registered owner must produce the original ATF Form with tax stamp affixed to prove the weapon is legally owned. Technically speaking, owners are not required to produce the form for any non-ATF personnel (i.e., local police officers do not have the legal right to demand to see the form)."

I guess what I actually meant was does the ATF ever do random checks (knock on the door)?

If I can't buy an auto due to price, I assume that it is illegal to convert an AR and register it?
 
#8 ·
The benefit of the Trust is for those who cannot get their Chief LEO to sign off on their paperwork. You also don't have to get fingerprints or photos taken. Lastly, the paperwork processing is faster, as they don't need the background check (that's done at the time of pickup via the NICS system.)

Hope this helps.
And, depending on how you set up your trust, you can pass the NFA items to your children when you die without them needing to re-register each item.
 
#9 ·
Oh, I've been researching and found this on Wikipedia (I know, I know):

"Upon the demand of any ATF agent, the registered owner must produce the original ATF Form with tax stamp affixed to prove the weapon is legally owned. Technically speaking, owners are not required to produce the form for any non-ATF personnel (i.e., local police officers do not have the legal right to demand to see the form)."

I guess what I actually meant was does the ATF ever do random checks (knock on the door)?

If I can't buy an auto due to price, I assume that it is illegal to convert an AR and register it?
No you cannot. The 86 ban prohibits the manufacture of machine guns. Any guns that were registered before the 86 ban are OK.

As far as random checks. I am not a NFA owner but I do know several of them . One of the guys said this when I asked him about ATF NFA checks. "Hell no!' And he has had NFA items form many years.

YMMV
 
#10 ·
Hey sourpatch, has the ATF or LE ever paid a visit to check your hardware or paperwork?
never, no phone calls or anything...ive never heard of them actually doing that, i think its just one of those gun myths
 
#11 ·
Oh, I've been researching and found this on Wikipedia (I know, I know):

"Upon the demand of any ATF agent, the registered owner must produce the original ATF Form with tax stamp affixed to prove the weapon is legally owned. Technically speaking, owners are not required to produce the form for any non-ATF personnel (i.e., local police officers do not have the legal right to demand to see the form)."

I guess what I actually meant was does the ATF ever do random checks (knock on the door)?

If I can't buy an auto due to price, I assume that it is illegal to convert an AR and register it?

i think all that means is if you get pulled over with your NFA toy and the police call the ATF you have to show them the paperwork.

ask yourself this: why would they go around asking to see the guns and paperwork? the people that have NFA weapons arent likely to break the law, they have shown that they will go through all the BS to get their toy and have lots of money invested in them so breaking a federal gun law isnt likely to happen by a NFA owner IMO
 
#13 · (Edited)
#14 ·
I went ahead and wrote everything down that you might want to know about NFA in general, and the Trust route specifically.

You can read it HERE.
You're the MAN!!!!!

This is exactly what I was looking for!

Thanks! :mrgreen:
 
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