NFA Gun Trust and Who Can Posses The Item

[Pugsbrew]

OK, before I contact a lawyer, I have a question. This is another issue, a lot of lawyers will do the trusts, but can't answer, what I believe to be, basic questions. I live in SE OH, so I'm still looking for a lawyer that is well versed in the rules.

Since the new rules have" come out, all individuals on the trust are considered "responsible persons" and must submit finger prints, pictures, and the "form when submitting a Form 1 or 4. Now, since everyone is being background checked, can all on the trust posses the items without the trustee/s being present?

Bottom line, can beneficiaries have the items in their possession without the trustee being there?

Thanks in advance.

[Bigs28]

You can submit your form 1 or form 4 as a trust with only you as the responsible person. You are the only one finger printed etc... after you get it back you can add co trustees that are aloud to be in posession.

A beneficiary is not a responsible person. They get it when you die. It's co trustees who can be in possession. At least that's how my gun shop explained it.

I've got 2 tax stamps approved with my trust. I'm the only one who sent in finger prints or passport photos. My wife is successor trustee and son and wife are beneficiaries.

Don't call a random lawyer. Your class 3 dealer can recommend a trust.

[grayfox]

^^^^ Listen to Bigs.
Matter of fact you can look at many silencer websites and they have lists of class3-NFA-ffl dealers in your state, I looked it up via Silencer shop as I was researching suppressor models, and then called and talked to the dealer... bottom line my setup is following Bigs'. The atty he recommended did a super job on my trust, and the dlr guy said he's never had any problems with that atty's trusts.

[Pugsbrew]

OK, so this is from the ATF web site.

https://www.atf.gov/rules-and-regulations/final-rule-41f-background-checks-responsible-persons-effective-july-13

I guess the trust would have to be set up to allow the beneficiary to "Beneficiaries – if said beneficiary has the capability to exercise any of the powers or authorities enumerated above." If it is, then they are a responsible person.

So, I should just make it easy and ensure the trust doesn't allow the beneficiary to have the power.

Thanks

[Bigs28]

Correct, my wife and son as beneficiaries and successor trustees have no decision making capabilities at this time. More that i have my tax stamps i can amend the trust to make them or whomever co trustees.