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41P final ruling

rax_wall said:
Legalize the F'N CONSTITUTION!!!!
#BLACKGUNSMATTER
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I was clicking links to news stories about the nonsense announced today and reading the comments. It blows me away and angers me how many people refer to the constitution as some "silly" "outdated" "misinterpreted" or otherwise "irrelevant" document. Such ignorance abounds nowadays.
 
What does it means to people who already have a Trust and have used that Trust to do NFA weapons builds / transfers that have been approved? Nothing yet, but it means that future transfers (application package sent-in after the summer of 2016) will have to be accompanied by proof of fingerprint-based background checks and photographs from the person who started the trust (called a "grantor" or "settlor" in legal terms) as well as the Trustee(s) that will have possession and control over the NFA device.

What it means to people who do not yet have a Trust but were thinking about one, and are ready to buy or build an NFA weapon, is that you should do it now. Get that Trust, buy that can and pay for it, etc. Do your 2016 transfer / manufacture application now, while you and your co-possessors of the weapon won't have to have to be background-checked. (I'm sure you'll all pass, but it's a HASSLE to undergo the process).

What it means to people whose plans for silencers and short-barreled rifles and other NFA toys were years in the future, and they are not ready to join the NFA $200 stamp collectors' club in 2016, is that they will face basically the same hurtles and hassles for a Trust in the future as they would to do it as a sole individual owner now.
Either way, they're looking at background checks.
HOWEVER, the Sheriff will no longer have to sign-off (approve) the transfer or build.
That might mean, for a small number of Georgians who live in areas where the CLEO is anti-gun or anti-NFA, that in the future the main incentive to use a Trust will disappear, and going the individual owner route will be OK with them.

However, even after this new ATF rule takes effect, an NFA Trust still has the important advantage of making multiple owners / possessors / users possible. Several friends and family members can share the NFA toys that are in the Trust, when said friends and family members are Trustees.
 
GAgunLAWbooklet said:
What does it means to people who already have a Trust and have used that Trust to do NFA weapons builds / transfers that have been approved? Nothing yet, but it means that future transfers (application package sent-in after the summer of 2016) will have to be accompanied by proof of fingerprint-based background checks and photographs from the person who started the trust (called a "grantor" or "settlor" in legal terms) as well as the Trustee(s) that will have possession and control over the NFA device.

What it means to people who do not yet have a Trust but were thinking about one, and are ready to buy or build an NFA weapon, is that you should do it now. Get that Trust, buy that can and pay for it, etc. Do your 2016 transfer / manufacture application now, while you and your co-possessors of the weapon won't have to have to be background-checked. (I'm sure you'll all pass, but it's a HASSLE to undergo the process).

What it means to people whose plans for silencers and short-barreled rifles and other NFA toys were years in the future, and they are not ready to join the NFA $200 stamp collectors' club in 2016, is that they will face basically the same hurtles and hassles for a Trust in the future as they would to do it as a sole individual owner now.
Either way, they're looking at background checks.
HOWEVER, the Sheriff will no longer have to sign-off (approve) the transfer or build.
That might mean, for a small number of Georgians who live in areas where the CLEO is anti-gun or anti-NFA, that in the future the main incentive to use a Trust will disappear, and going the individual owner route will be OK with them.

However, even after this new ATF rule takes effect, an NFA Trust still has the important advantage of making multiple owners / possessors / users possible. Several friends and family members can share the NFA toys that are in the Trust, when said friends and family members are Trustees.
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Your family will also not have to pay the $200 tax again if something was to happen to you as well and you were to pass away. This is still a major benefit of the trust that hasn't been mentioned.
 
sv10001975 said:
Your family will also not have to pay the $200 tax again if something was to happen to you as well and you were to pass away. This is still a major benefit of the trust that hasn't been mentioned.
Click to expand...

Wrong. Your family doesn't have to pay 200 again anyway. NFA items transfer tax free on a form 5 to you heirs in the event of your death.
 
When I got my trust a few years back, the lawyer mentioned that he'd seen a case where his client was charged with a crime that was worth more than a year in jail, just to make them ineligible to own an NFA item as an individual.

I believe it was in Gwinnett where the DA charged them, then called the ATF and had them re-arrested for possession of an NFA item while under indictment.

From what he explained, a trust gets by that particular issue because you can remove yourself from the trust immediately and the items are still secure.

I'll be the first to admit that this sound like a stretch but from what he said it's happened at least once in GA. A trust is simply a safer way to go, just like it makes sense if you have your own business to incorporate.
 
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