Rangerwalker71
New member
Was doing research for another forum thought I would share with your all here to.
The question was about moving with NFA items, and trusts.
For a Trust.
Assuming you are the grantor of the trust, and assuming your trust even has an address is it (most don't), all you need to do is amend the trust. Here is how, type this on a blank sheet of paper:
Amendment to the XYZ Trust
I, John Doe, as the grantor of the XYZ Trust, do hereby amend the XYZ Trust to change its address to 123 Main St. Nowhere TX 75201 effective immediately.
/s/ John Doe /s/
John Doe, Grantor
5/22/2011
Then get it notarized (notarization may not be a technical requirement but no harm in getting it notarized). If you are moving in state there is no requirement to notify the ATF (though you can if you want by writing a letter to the NFA branch) if you are moving out of state fill out a 5320.20.
Found this too.
Besides dealing with the issues of physically moving the firearms across state lines, which is covered in our Memorandum that comes with the trust in the section entitled What is necessary if I want to take the firearms across state lines or change the location where they are stored?, we are often asked about the effect of moving states on the Gun Trust itself.
Generally moving from one state to another will not require any changes to the trust with the exception of the state of Maine (only if you want to make additional Title II purchases). A validly created Trust in one state, is valid in another state if you move. Depending on the language in the trust, the rules that it references may change or not. Generally our trusts will still reference the original state’s laws once you move. This can be changed if you desire but is typically not necessary.
More importantly the ATF looks at the minimum requirements for a valid trust in the state in which it is being used. Our trusts meet the minimum requirements of any state where the items are legal.
The ATF does not understand the concept of a trust being created in one state and used in another state. If you only had a settlors signature and then moved to a state like Florida where two witnesses were required, the ATF would not recognize your trust as valid. Our Copyrighted Gun Trust will be recognized as valid for purchases of additional NFA Firearms in any state where the purchase of those firearms is legal except Maine, which has a strange gun law which requires that a trust be formed in that state to be an eligible purchaser of firearms.
So unless you move to Maine, there is nothing that needs to be done with a trust prepared by a Gun Trust Lawyer® to be used in another state. If the laws of a state change and you need an amendment for some reason or just would like to change your trust to be under the laws of your the new state you live in, we do offer very reasonably priced amendments to change the jurisdiction and language in the trust.
An exception to the above might involve a custom amendment that is created to allow for the minimum requirements under your state laws. This is typically done for dealers who want to rent Title II firearms and easily add and remove trustees on a daily basis.
Posted in: Firearms Articles , Form 20 - 5320.20 Transportation and Gun Trust Lawyer® Comments are closed. «
FYI for you all. Hope this helps .
Thanks
Steve
RLTW.
816-718-9489
The question was about moving with NFA items, and trusts.
For a Trust.
Assuming you are the grantor of the trust, and assuming your trust even has an address is it (most don't), all you need to do is amend the trust. Here is how, type this on a blank sheet of paper:
Amendment to the XYZ Trust
I, John Doe, as the grantor of the XYZ Trust, do hereby amend the XYZ Trust to change its address to 123 Main St. Nowhere TX 75201 effective immediately.
/s/ John Doe /s/
John Doe, Grantor
5/22/2011
Then get it notarized (notarization may not be a technical requirement but no harm in getting it notarized). If you are moving in state there is no requirement to notify the ATF (though you can if you want by writing a letter to the NFA branch) if you are moving out of state fill out a 5320.20.
Found this too.
Besides dealing with the issues of physically moving the firearms across state lines, which is covered in our Memorandum that comes with the trust in the section entitled What is necessary if I want to take the firearms across state lines or change the location where they are stored?, we are often asked about the effect of moving states on the Gun Trust itself.
Generally moving from one state to another will not require any changes to the trust with the exception of the state of Maine (only if you want to make additional Title II purchases). A validly created Trust in one state, is valid in another state if you move. Depending on the language in the trust, the rules that it references may change or not. Generally our trusts will still reference the original state’s laws once you move. This can be changed if you desire but is typically not necessary.
More importantly the ATF looks at the minimum requirements for a valid trust in the state in which it is being used. Our trusts meet the minimum requirements of any state where the items are legal.
The ATF does not understand the concept of a trust being created in one state and used in another state. If you only had a settlors signature and then moved to a state like Florida where two witnesses were required, the ATF would not recognize your trust as valid. Our Copyrighted Gun Trust will be recognized as valid for purchases of additional NFA Firearms in any state where the purchase of those firearms is legal except Maine, which has a strange gun law which requires that a trust be formed in that state to be an eligible purchaser of firearms.
So unless you move to Maine, there is nothing that needs to be done with a trust prepared by a Gun Trust Lawyer® to be used in another state. If the laws of a state change and you need an amendment for some reason or just would like to change your trust to be under the laws of your the new state you live in, we do offer very reasonably priced amendments to change the jurisdiction and language in the trust.
An exception to the above might involve a custom amendment that is created to allow for the minimum requirements under your state laws. This is typically done for dealers who want to rent Title II firearms and easily add and remove trustees on a daily basis.
Posted in: Firearms Articles , Form 20 - 5320.20 Transportation and Gun Trust Lawyer® Comments are closed. «
FYI for you all. Hope this helps .
Thanks
Steve
RLTW.
816-718-9489
