Suppressor trust questions

Harvey_NW

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Planning to hop on the suppressor bandwagon soon, been doing some research and skimming through threads and can't really find the exact answers I'm looking for. From what I grasp (correct me if I'm mistaken) the three options are to:
1. File individually: the suppressor belongs to you and can only be possessed by you or someone you accompany.
2. Single shot or individual trust: a trust for one item only. Approved individuals can be added.
3. NFA trust: multiple items, multiple individuals.

After reading all the suppressor threads I feel like I know what I'm in for and fully plan on investing in multiple over time and would like to add my wife so I can leave a dedicated can on her rifle and not worry if I'm not with her, leading me to assume just setting up an actual NFA trust would probably be the best option. But I've also read that they can increase wait time, aren't that simple anymore, etc. Also not sure if the new E-form 4 changes that situation.

What say you?
 

hereinaz

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There is no way I would own NFA items in my personal name. You'll kick yourself at some point for being too impatient or too cheap to get the flexibility of a Trust. I own NFA items and I have practiced in trusts/estates for 15 years. Its not legal advice, just practical advice.

Just do #3 Trust with a lawyer. The wait (if there is one with the new e-file) isn't a big deal compared to the benefits for the rest of your life with the suppressor and other NFA items in the Trust. Very few people stop at one suppressor.

If for some reason you have to do a #2 trust, then when you buy a second NFA item, you might be able to amend the #2 Trust, but I've never read them and you'd have to pay a lawyer to do it right. It will likely cost less now but more in the long run.

I am sure there will be some bad legal advice if this is like other threads, but I am not going to correct it and I will not practice law in a forum...
 
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Harvey_NW

Harvey_NW

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There is no way I would own NFA items in my personal name. You'll kick yourself at some point for being too impatient or too cheap to get the flexibility of a Trust.

Just do #3 Trust with a lawyer. The wait (if there is one with the new e-file) isn't a big deal compared to the benefits for the rest of your life with the suppressor and other NFA items in the Trust. Very few people stop at one suppressor.
Thanks, that's what I figured. I like the idea of everything being collaborated on one document and listing beneficiaries.

Any advantage to going to a personal lawyer over purchasing the option facilitated by Silencer Shop? I'm sure you're aware, but they claim it's the same mode of action just a less expensive DIY option.
 
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Mine is an Nfa Gun Trust through silencer shop.
The website asks you some state specific questions and sets you up with the correct thing.

You definitely want a trust if you want to let anyone else use it not under your direction supervision.

Hold off on adding any other members to the trust until you have your stamp back. They do a background check on everyone named on the trust each time you apply for a stamp.
 
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Harvey_NW

Harvey_NW

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Mine is an Nfa Gun Trust through silencer shop.
The website asks you some state specific questions and sets you up with the correct thing.

You definitely want a trust if you want to let anyone else use it not under your direction supervision.

Hold off on adding any other members to the trust until you have your stamp back. They do a background check on everyone named on the trust each time you apply for a stamp.
Awesome, thanks. That's the one I was looking at and what I was wondering. Hell, you even answered the next question I was going to ask lol!
 

Sled

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Hold off on adding any other members to the trust until you have your stamp back. They do a background check on everyone named on the trust each time you apply for a stamp.

seems messy if you just want to add a friend or your son who is out of town at college. don't you have to track them down each time you get a new suppressor? can they e-sign?
 
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seems messy if you just want to add a friend or your son who is out of town at college. don't you have to track them down each time you get a new suppressor? can they e-sign?
You only need a notary to finalize the trust i believe.
They would have to do something for each stamp. I can remember even though my wife and I just did it in January.

But you could also sign them out of the trust, apply for the stamp then re add them. Probably have to wait for approval.

I've never signed anyone off so not 100% on the details.
It is messy. But what is you choices?
If it is on individual you have to be close enough to them to maintain control aka take the device if they decide to do harm. So id say if you're more then 10ft from them your in violation of nfa.
 

hereinaz

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seems messy if you just want to add a friend or your son who is out of town at college. don't you have to track them down each time you get a new suppressor? can they e-sign?
Co-Trustees can possess the items in a properly drafted Trust. You make them Trustee after you get your stamp by making an amendment when you want to let them use it, then you remove all of them by amendment before you apply for another stamp.
 
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Harvey_NW

Harvey_NW

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Co-Trustees can possess the items in a properly drafted Trust. You make them Trustee after you get your stamp by making an amendment when you want to let them use it, then you remove all of them by amendment before you apply for another stamp.
So if you have 3 people in the trust and didn't amend before purchasing a new suppressor/stamp there needs to be applications from all 3 people, extending the wait time, correct?

And if you amend the trust prior to as you stated, do they have to go back through the application process/atf background check to be re-added, or once cleared can you just essentially activate and deactivate their status?
 

hereinaz

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So if you have 3 people in the trust and didn't amend before purchasing a new suppressor/stamp there needs to be applications from all 3 people, extending the wait time, correct?

And if you amend the trust prior to as you stated, do they have to go back through the application process/atf background check to be re-added, or once cleared can you just essentially activate and deactivate their status?
Don’t over complicate it with hypotheticals, and I am not giving advice based on facts. General rules:
1) Trustor/Creator of the trust can add Trustees and remove Trustees with a properly drafted NFA trust by amendments.
2) All current Trustees must be on the application and background check when Trustee applies and waits for the stamp.
3) Background check is only required for Trustees that are on the trust at any time during the stamp application process.

I don’t know about wait time, but they all have to submit fingerprints and photos, and sign if they are trustees on the trust.

Disclaimer, talk to a real lawyer about it there are other issues and possibly state laws…
 
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So if you have 3 people in the trust and didn't amend before purchasing a new suppressor/stamp there needs to be applications from all 3 people, extending the wait time, correct?

And if you amend the trust prior to as you stated, do they have to go back through the application process/atf background check to be re-added, or once cleared can you just essentially activate and deactivate their status?
You would submit all 3 at the same time.
3 Forms, 3 pics, 3 sets fingerprints.
Some sources indicate it may extend your application process but its just an 4473 nics instant background check. The same as for a firearm.
That's what I think makes the intire process so stupid. If you need the damn $200 fine just have the dealer do the background check and collect the $200 for you.

I see the main issue is more chances for mistakes. I've herd a number of 60% of applications have mistakes.

My understanding is no after the approval of your new stamp you just sign them back into the trust.
 
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Harvey_NW

Harvey_NW

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You're making it so complicated in your head.
Buy the silencerco nfa trust.
Buy the dang suppressor.
Your dealer will help you with the paperwork.
I know, it's a bad habit but always seems to bite me in the ass if I don't. The first local rep I consulted with tried to convince me the trust was a thing of the past and I didn't like the idea, so just trying to get info from others with experience. Sounds like I'm on the right track, thank you for the input!
 

Gorp2007

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My dad and I have a trust covering four suppressors. We went through Silencer Shop and each time we submitted a new application, they used the photos and prints on file so it was just a digital signature. Wait times for all four have been consistent with national averages.
 
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I know, it's a bad habit but always seems to bite me in the ass if I don't. The first local rep I consulted with tried to convince me the trust was a thing of the past and I didn't like the idea, so just trying to get info from others with experience. Sounds like I'm on the right track, thank you for the input!
I let the dealer talk me into individual for my first 2 items..
Idk if a trust is a little more work or most likely they are just trying to close the sale thinking you mite get over whelmed then back out.

But trust me when I say it very aggravating that I have 2 items my wife can't even bring somewhere to me.

Think about it like this, what if your truck was in the shop for a week and you needed to drive your wife car to work, but couldn't because only she was registered to drive it. So she had to get up and drive you back and forth to work every day.
 
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Harvey_NW

Harvey_NW

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My dad and I have a trust covering four suppressors. We went through Silencer Shop and each time we submitted a new application, they used the photos and prints on file so it was just a digital signature. Wait times for all four have been consistent with national averages.
That's the situation I was wondering about and the answer I was looking for. Thanks!
 
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