Why not just add your son to yours?
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Gun trust ?
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Originally posted by tommy1005 View PostYes. It’s owned by the trust not the individual. He can pay for it and put it in the trust.Originally posted by TX03RUBI View PostHe can buy whatever he wants and put it on the same trust. Anyone on the trust can possess it anytime they want.
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Jim Willi did mine. He's a super pro.
True about your son and being able to put it in a trust.
The ability to add and remove trustees at will makes navigating the fingerprint process very easy. Remove everyone-- acquire NFA item-- add them back. If they are not responsible persons at the time of the transfer printing doesn't apply to them. It's the little things that make the pros worth it. Hopefully even canned trusts from shops are covering the big things.
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Originally posted by meltingfeather View PostJim Willi did mine. He's a super pro.
True about your son and being able to put it in a trust.
The ability to add and remove trustees at will makes navigating the fingerprint process very easy. Remove everyone-- acquire NFA item-- add them back. If they are not responsible persons at the time of the transfer printing doesn't apply to them. It's the little things that make the pros worth it. Hopefully even canned trusts from shops are covering the big things.
I had mine revised to where I am the only RP. Everyone else is either a limited trustee or beneficiary.
The only reason more more than 1 RP is so they can add or remove items. Otherwise if that will never happen (my wife) then setting them up like that is perfectly fine. They can still legally have access to the items, they just can’t add to or remove from the trust.
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Gun trust ?
Originally posted by Mike D View PostI had mine revised to where I am the only RP. Everyone else is either a limited trustee or beneficiary.
The only reason more more than 1 RP is so they can add or remove items. Otherwise if that will never happen (my wife) then setting them up like that is perfectly fine. They can still legally have access to the items, they just can’t add to or remove from the trust.
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One thing you say above sounds not quite right— anyone who can legally possess items in the trust is a responsible person under the law. So there is no case where, at the same time, there is only one responsible person but more than one person who can possess, as you seem to suggest.Last edited by meltingfeather; 03-02-2020, 08:20 AM.
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Originally posted by meltingfeather View PostYour trust may well be set up differently than mine, and I’m sure you had good counsel and there is some reason for that in your circumstances. In my case I can add/remove trustees at will and they can have, or not— my discretion, the power to add and/or remove items from the trust.
One thing you say above sounds not quite right— anyone who can legally possess items in the trust is a responsible person under the law. So there is no case where, at the same time, there is only one responsible person but more than one person who can possess, as you seem to suggest.
I also can add/remove as I want.
As to the role/definition of a RP, I was told by my counsel that a RP was someone who could change disposition of items within the trust. I was told limited trustees could posses but since they were not considered an RP fingerprints/photos were not required.
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Originally posted by Mike D View PostAs to the role/definition of a RP, I was told by my counsel that a RP was someone who could change disposition of items within the trust.
"In the gun trust context, the ATF has attempted to define a “responsible person” as an individual with one or more of the following powers: (1) the power to direct the management and policies of the gun trust, which normally includes the power to alter, amend, modify, revoke, or terminate the gun trust and the power to add or remove co-trustees; and (2) the power to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the gun trust.
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The Silencer Shop:
"In the simplest terms, a responsible person is someone who is listed on your trust and has the authority to be in possession of the NFA item(s) that are registered to that trust."
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I suppose it may be a conservative interpretation, but I ain't going to be the case law where they hash this out!
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