Establishing a trust to own a supressor

[Bill]

Can somebody please explain ‘why’ a trust is obtained? I’ve read several websites but I’m not clear.

As I understand it, is it first so multiple people can jointly own the suppressor (or can legally shoot a firearm with the suppressor) and second the suppressor can be transferred to another person upon the death of the original applicant?


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[AntlerCollector]

That’s the reason for it. If not then only you can use it

[TX03RUBI]

That’s the reason for it. If not then you have to be present with it anytime it’s being used

Fixed it for you

[Mike D]

Establishing a trust to own a supressor

It’s not as advantageous as it used to be from a simplicity standpoint.

But if you have kids or other heirs there are survivorship benefits to it. Also as mentioned correctly by Rubi, no one else can legally posses the NFA item (without you being present) if the item(s) are register to an individual. The trust allows multiple listed persons to legally be in possession of the item. The downside is anyone listed as a responsible person on the trust must submit fingerprints, photos and have a background check done with each submission.

I’m told that there are ways to circumvent that requirement but talk to a qualified NFA attorney about adding or removing RPs as needed. Don’t trust an internet lawyer.


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[Bill]

Thanks. Now I understand.


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[S-3 Ranch]

It’s not as advantageous as it used to be from a simplicity standpoint.

But if you have kids or other heirs there are survivorship benefits to it. Also as mentioned correctly by Rubi, no one else can legally posses the NFA item (without you being present) if the item(s) are register to an individual. The trust allows multiple listed persons to legally be in possession of the item. The downside is anyone listed as a responsible person on the trust must submit fingerprints, photos and have a background check done with each submission.

I’m told that there are ways to circumvent that requirement but talk to a qualified NFA attorney about adding or removing RPs as needed. Don’t trust an internet lawyer.


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Question?
If one person on the trust catches a charge, and can’t possess a weapon during his probation period+ five years, does that trust pass or is it revoked?

[Husker]

The downside is anyone listed as a responsible person on the trust must submit fingerprints, photos and have a background check done with each submission.


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I only had to give the names and birthdates of who I wanted on trust. Silencer Central set it up for me.


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[CBHunter]

I only had to give the names and birthdates of who I wanted on trust. Silencer Central set it up for me.


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When did you have it done? The rules changed at some point.

[JD4020]

If the trust basically allows someone else (named on the trust) to be in possession of your suppressor, how does this apply to say a teenage son? I can put my wife on the trust but not my son because he's not old enough. What if he is at the house alone (say summer time) while we are at work? Any special requirements/exceptions being it's at my house?

[Gerald G]

If the silencer only registered to one person, what happens to the silencer if that person dies?

[Txhunter3000]

From what I have read the executor of the estate has control and is able to pass it on legally after proper ATF paperwork. May not be right but that's what I found and since I really have no one with an interest in being in a trust I went with individual.

[Huntindad]

need to update mine to include my youngest as he is 22 now.

[Husker]

When did you have it done? The rules changed at some point.

I took possession in October 2021.


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[Bill]

Question?

If one person on the trust catches a charge, and can’t possess a weapon during his probation period+ five years, does that trust pass or is it revoked?

Good question. Here’s 1 law firm’s response. Basically the trust owns it, but somebody can’t possess it. Confusing.

https://www.guntrustlawyer.com/amp/supreme-court-states-felons-do-not-lose-property-right-in-owned-firearms/

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[Mike D]

Question?
If one person on the trust catches a charge, and can’t possess a weapon during his probation period+ five years, does that trust pass or is it revoked?

I cant speak to the legal aspects but since the items are registered to the trust and not to an individual, it would not affect the trust or the item. It’s possible if the person was a prohibited person and found to be in possession it may not bode well for that person and the item would likely be confiscated until any charges filed are adjudicated. It would probably be best to remove that person from the trust for that period of time to protect the assets of the trust.

That is all pure speculation on my part.


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