Pre 41f trust and adding items

[ducatilover]

If I have a pre 41f trust can I still add items to it post 41f? If so do I just follow the new NFA rules (fingerprints, photos for trustees) and proceed as normal?

Or am I better off doing a new trust and leave the original as is? There is only 1 item in the original trust.

 

[QuietM4]

Yes, you just have to follow the new rules.

 

[TacMedic]

Yup they just made me and my trustees go get printed and photos.

 

[YNOTAZ]

Since they (ATF) screwed around, so can you.

Duplicate your current trust with a different name, i.e. “My NFA II”. Amend your original trust "My NFA" to make you the only trustee, and upon your death, incompetence or resignation, the “My NFA II” trust is the beneficiary. All trustees of the new trust will have access, all beneficiaries of the original trust will remain on the new trust.

I’m not an attorney, but this is the method the shops are using, they have a trust for each item you buy with the make and serial number as the name of the original trust with only 1 trustee for one print and picture. The beneficiary of that trust is the “master trust” with everyone you want.

 

[ducatilover]

I also read that you can drop trustees before submitting and add trustees AFTER your forms are approved without them having to do fingerprints or photos. Did I read that correctly?

 

[TacMedic]

I also read that you can drop trustees before submitting and add trustees AFTER your forms are approved without them having to do fingerprints or photos. Did I read that correctly?

Talk to me in this, as I want to change some beneficiaries into trustee’s. Process to add/change trustees?

 

[DRTDIVR]

I've been thinking about this as well. Time to give Trent a call.

 

[YNOTAZ]

The process to add/change trustees is defined in your original trust. It should layout how it can be amended and/or revoked and by who.

 

[ducatilover]

The process to add/change trustees is defined in your original trust. It should layout how it can be amended and/or revoked and by who.

Correct. But I was referring to the need to notify ATF of trustee changes and requiring new trustees to be fingerprinted AFTER forms are approved.

I believe ATF website states no need to notify them of any trust changes. Other sites I've read state the same.

 

[YNOTAZ]

ATF does not need to be notified of changes in your trust.

If you revoke the trust however, that would indicate of change in ownership of the NFA items that were in the now non-existent trust. If it is through inheritance to the beneficiary of the trust, ATF has a method for that, if it is you just killing off the trust because you don't want it any more, you will likely have to submit a form 4 for each item in the trust transferring it.

The ATF has a new Procedure where you can submit a new form 4 or form 1 and certify that your trust has not been changed since you last approved form1 or 4. Here is where it gets fussy, they originally said if the old form 1 or 4 was approved within 2 years. I spoke to them on the phone and submitted one that way. They sent a letter to the dealer say that "IT was out of date" with no other explanation of what "IT" was or what dates would make it in date.

Bottom line, ATF does whatever they want and will change at a moments notice but as of right now you do not have to notify them of a change in a trust, just send a copy of the latest trust on your next form 4 or form 1.

 

[tdog90yj]

Looks to me like the silencershop “single shot” is going to be the new way to go... the whole point of a trust is to keep things in trust.

 

[Squirrel_Slayer]

I plan to do a second trust for my post 41P items. Plan to do a second F1 sbr in the near future.

I like the idea of the second trust being the owner of the first trust.

 

[ducatilover]

Here's another question:

I removed a trustee. Now am ready to purchase a can with silencer shop. I've used their kiosk for everything. Super easy.

Question is: since I dropped a trusted do I send the original trust docs and the amendment for the trustee only? Do you need to send the list of assets already in trust and beneficiary info? I would assume it's none of ATF business.