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I'm a noob and I want to know why this is a Class III

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y0diggity:

--- Quote from: RobertH on December 02, 2011, 08:05:13 AM ---two ways to get the Form 4...  individual or trust.

individual means you get a CLEO to sign off, you get fingerprints taken and passport photo taken.

trust meeans you form a trust and skip the CLEO.

trust is faster and usually cheaper since the CLEO will most likely charge you for a background check and the finger prints.

there are also 5 categories of NFA, machineguns (MG), short barreled rifles (SBR), short barreled shotguns (SBS), destructive devices (DD) and any other weapons (AOW).  all are $200 transfer fee but AOW have a $200 manufacture fee but only a $5 transfer fee.

--- End quote ---

And how do I "form a trust"?

RobertH:
you can consult a lawyer make you one, just don't do Quicken, i've heard bad things from them.  from what i remember, there's nothing special.  its just a revocable living trust.  now only the persons listed in the trust may have in their possesion the said Class III items, so if you want it to be a family trust i believe you must have all family members listed in the trust.

i would name it "My Last Name Living Trust" or something like that.  the normal one is "First Last Name Revocable Living Trust."  trust me, its really long to engrave.  and i'm the only one listed in the trust, so my wife, immediate family or future kids cannot be in possession of said items.  but if i die, my wife would get them all.

scour the ar15.com Armory section.  they have a lot of FAQ's on there.  read those and ask if you have more questions.

dark 45:
i am also a noob at this, you know the whole cali boy thing. but what do you mean by engraving? you have to have your trust etched onto the firearm and where do you put it?

bkoenig:
You only have to engrave the trust/owners name if you are the one who manufactured it.  In that case you use a Form 1 instead.  I built my SBR from a stripped lower so it is on a Form 1 and has my trust name engraved.  If you buy an already assembled item you use a Form 4 and don't engrave.

CitizenClark:

--- Quote from: y0diggity on December 02, 2011, 08:18:40 AM ---And how do I "form a trust"?

--- End quote ---

You can draft a trust yourself, you can use an electronically generated trust, etc., and these may in fact result in valid trusts. However, even if they are valid, they may not provide the trustee (you or your successor) with adequate guidance to avoid an NFA violation (in terms of conditions that must be met before beneficiaries take under the trust, etc.). Seeing as how $250k and 10 years worth of freedom are on the line, I think the prudent choice is to eat the one-time expense of having a legal expert draft the trust for you.

I'm an attorney, but I paid David Goldman in Florida (http://www.guntrustlawyer.com) to consult on my NFA trust. After doing a considerable amount of research on my own I decided that the peace of mind derived from having a valid trust that is specifically crafted to deal with Title II firearms was worth the expense.

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