NFALawyers Initial Review of 41P

[heavyd]

Ok, here is my question. Let's say a year from now I buy a new can. I buy it on a trust with myself listed as the grantor, and my father listed as a trustee. We submit finger prints and photographs for the two of us and we get approved. 3 months after getting the stamp, I get married and add my new wife to the trust as a trustee. Do I need to then submit finger prints and photographs for her since she will be on a trust that had an approval after the new regulations went into effect?

I know I would need to for her for future purchases, but what about purchases made after the rule change went into effect, but before she was a trustee?


I am sure you can see what I am getting at here. In other words, what would stop someone from forming a new trust with only themselves listed as a responsible party, getting approved for an NFA item, and then adding 20 friends as trustees after the stamp is obtained.

State law would allow you to do this. As for federal, the ATF has yet to opine on this issues. There will be much debate and litigation over these types of issues. No one will be able to answer this question until well after July 1st.

 

[Lazarus]

Ok, here is my question. Let's say a year from now I buy a new can. I buy it on a trust with myself listed as the grantor, and my father listed as a trustee. We submit finger prints and photographs for the two of us and we get approved. 3 months after getting the stamp, I get married and add my new wife to the trust as a trustee. Do I need to then submit finger prints and photographs for her since she will be on a trust that had an approval after the new regulations went into effect?

I know I would need to for her for future purchases, but what about purchases made after the rule change went into effect, but before she was a trustee?


I am sure you can see what I am getting at here. In other words, what would stop someone from forming a new trust with only themselves listed as a responsible party, getting approved for an NFA item, and then adding 20 friends as trustees after the stamp is obtained.

H heavyd
@Cobalt 60
@N Cochran
@GAgunLAWbooklet

Of course this thing has more holes in it than swiss cheese but heres my non attorney opinion. Your wife wouldn't need to get fingerprinted and photograph until you purchase something new. Reason I think that is because until you submit the trust to the ATF who would know that you added her on there besides you and/or your lawyer? Secondly the fingerprints and photographs only go to the ATF upon submission of the Form 1 or 4. So what would be the point of getting all that done if you aren't or even never plan to add another item?

Your second question just add more evidence to how whack this whole thing really is.

 

[albatros43]

Ok, here is my question. Let's say a year from now I buy a new can. I buy it on a trust with myself listed as the grantor, and my father listed as a trustee. We submit finger prints and photographs for the two of us and we get approved. 3 months after getting the stamp, I get married and add my new wife to the trust as a trustee. Do I need to then submit finger prints and photographs for her since she will be on a trust that had an approval after the new regulations went into effect?

I know I would need to for her for future purchases, but what about purchases made after the rule change went into effect, but before she was a trustee?


I am sure you can see what I am getting at here. In other words, what would stop someone from forming a new trust with only themselves listed as a responsible party, getting approved for an NFA item, and then adding 20 friends as trustees after the stamp is obtained.

H heavyd
@Cobalt 60
@N Cochran
@GAgunLAWbooklet

I'm just sitting here wondering why NWS wants to be married to 2 different women at the same time?!

 

[NWSharpshooter]

I'm just sitting here wondering why NWS wants to be married to 2 different women at the same time?!

It was hypothetical of course. My wife and my sanity would never go for it.

 

[albatros43]

Not a lawyer, but another take on it:

 

[Jeddak]

It was hypothetical of course. My wife and my sanity would never go for it.

So you are not going orthodox LDS on us? Might have to give up beer and Coke.

 

[NWSharpshooter]

So you are not going orthodox LDS on us? Might have to give up beer and Coke.

Not going LDS but I don't drink beer or Coke already so I might have to look into that.

 

[cwgibson]

Maybe I missed it but if we add someone to the trust after this date will they have to be photographed and fingerprinted? My kids are minors so I was wondering.

 

[heavyd]

I'm just sitting here wondering why NWS wants to be married to 2 different women at the same time?!

Bawler

 

[HydroAuto]

I was thinking a glutton for punishment, but I may be slightly jaded.