A Gun Trust?

For those here with suppressors and/or SBRs did you start a gun trust?

 

Yes I did so that my Dad and Wife can use them when I'm not with them. Also put my kids as beneficiaries so they don't have to pay for tax stamps later when I'm gone.

 

Once you pay the attorney to set up the trust are you done with him or do you have to pay him money everytime you buy something that is bought in the trust name such as another suppressor?

 

No you are done. I can just add the info on my paperwork for the new suppressor. Everytime you buy another class 3 item they send a copy of your trust with it so you just make an amendment to what all is on it.

 

You can get a pretty decent trust going through one of the suppressor companies trust form.

 

Same goes if I want to build a SBR? My understanding is I'd have to buy the lower, get the stamp and engraving before I could legally buy parts correct?

 

Yes you are correct.

 

Let's say I dont have a SBR stamp and engraved lower, what could stop me from buying a 10.5 barrel? I wouldn't but is the vendor assuming you are building an AR pistol?

 

Nothing as long as it's for a pistol.

 

Best part they brought back efile for form 1. It will be faster to get the ball rolling on a SBR.

 

But I cant buy the components for a SBR until I get the stamp and engraved lower correct. In other words I'd be breaking the law if I bought a complete 10.5 upper before I bought the stamp and engraved lower.

 

Also if I had 5 9mm handguns when i fill out the paperwork do i have to specify one gun on the application even though I can use that can on all 5 weapons? Or do they ask for gun info on the application?

 

I was just saying you can buy a lower and get the ball rolling on a SBR. But no you can't buy the upper yet. Unless you have a pistol.

 

One more, do I have to buy the suppressor before I get the stamp or to I get the stamp and then go can shopping?

 

When I file for a suppressor never have I stated which gun I was going to use it on. I switch them around all the time.

 

Can I have a complete pistol lower and start ordering SBR upper parts or is that cutting it close?

 

No you buy the suppressor and then file for the tax stamp. The suppressor stays at the dealer until it clears.

 

Cool you've answered all the questions I researched but just wanted to hear from someone that's gone through the motions.

 

The waiting can really suck on your first one. But then it gets easier after that just because you get used to it and already have some to play with.

 

It will be a while before I do either, just thinking about a can in the next few months. The SBR will be way down the road for now.

 

Once you shoot suppressed you will never want to shoot any other way. Lol

 

You should be fine. Popular opinion is that if you have a legal use for all parts, for example, a stripped lower or a pistol lower to go with your shorty upper, you’re fine. If some agency found a gun safe in your house that was empty except for a rifle lower and an 11.5” upper, they might have a case for constructive intent.

 

So I could build a 10.5 AR pistol while waiting for a SBR stamp and once I receive the stamp I could convert the pistol into an SBR correct? The main difference between the two is the stock vs brace right?

 

Jealous of those of you who’ve gone through the tax stamp trouble for your SBRs and suppressors!

Anyway, although I’m an attorney, I don’t do trusts. The following is not and should not be taken as legal advice:

There are “Gun Trusts” and then there are “NFA Trusts.” The two are often used interchangably when discussing NFA type trusts. Nothing really wrong with that, but thought I’d mention it for clarity’s sake. Sounds like most of the discussion on here is about NFA Trusts.

Most good, experienced Gun/NFA-Trust attorneys should know the difference either way. I’m sure they’d most likely be collectors and sport shooting enthusiasts. Also, many attorneys hired to do one or the other often offer free legal advice and trust amendments for the life of the trust.

Personally, I would hire an experienced attorney to prepare one instead of relying on some standard form or a form offered by a vendor. The cost is relatively inexpensive and well worth it, especially for one’s piece of mind when considering potential statutory and ATF regulatory violations.

 

You can have all the parts for an SBR, you just can't assemble them until you have a stamp. You could go as far as assembling the lower and having the complete upper but, don't put them together. Technically, you could have the built lower and, until you get your stamp, it can be used as a rifle. You can have the 10.5" complete upper in your possession without a problem. The complete upper isn't prohibited to possess unless it's physically assembled with a rifle lower that lacks a stamp.

 

I don't think Baller is correct, you can't have the short barrel without the stamp, unless you assemble it as a pistol. And the lower must be a virgin and not purchased as a rifle on the 4473. Once a rifle always a rifle, but a purchased pistol can be made into a rifle.

 

No. You can have the barrel/assembled upper as long as you don't assemble it with a rifle lower that you don't have a stamp for. The barrel/assembled upper isn't a restricted item, that's why you can have it shipped directly to your residence without an FFL as an intermediary. It's also the reason you don't have to claim it or brand it when filing for an SBR. Once the lower has a stamp, you can put as many short barreled uppers on it as you'd like. You can own as many short barreled uppers as you'd like; the lowers you assemble them on determines the legality of your actions.

Maybe this will clear it up.
Anyone can posses a short barreled upper, in and of itself.
Mount it on a pistol lower = legal
Mount it on a rifle lower = illegal
Mount it on a documented SBR lower = legal

 

I've done the NFA Trust and I have multiple SBR and Suppressors. After going through the whole process, I can mention some things I've learned. First, get a trust from a well known lawyer that specializes in this type of law. A friend of mine was told bad information by a lawyer that would have put him in jail for his SBR. Remember that you will go to jail, not the lawyer or Baller. You aren't paying the lawyer for the trust, you are paying them to keep you from going to jail. My trust was $550, but includes 24/7 response from my lawyer if I get into trouble or have a question. I wouldn't have NFA items without a lawyer on a retainer.

That being said, they are addicting and like said before, once you shoot suppressed you never want to shoot without one. Suppressors and SBR go hand in hand as who wants to add 6" to a 16" barrel. Plan on SBR your rifle as soon as you purchase your first suppressor.

As far as suppressors go, as long as it is hearing safe it is quiet enough in my opinion. Most of the supper quiet suppressors also have more blow back which means your guns gets dirtier and you get more gas in the face. I suggest looking for suppressors that are designed with lower blow back then going with the quietest can.

It is a little bit of work to keep up on all of the paperwork though, so if you aren't good at keeping track of things and following the rules it might be best not to get one. I have to file with the ATF annually to take my SBR to NC from GA. If I plan to travel to any other states, I need to give the ATF heads up before I can travel with my SBR. I will say talking with the ATF has actually been a positive experience and they have gone out of the way to help answer questions and make sure I submit the correct paperwork.

If you have any questions on which suppressors to buy or how to set up your rifle, just let me know. I always try to help out those with this same hobby.

 

$550 AND it includes a 24/7 reply??? That's a damn good deal!! Was that initial, or annual cost?

 

Initial cost, no annual fee. Just extra cost if need any paperwork done. Overall very happy with his firm and he is very 2nd amendment active.