Curio and Relic License questions


PDA






LawBot5000
March 1, 2008, 03:36 PM
I currently own NFA stuff through a revocable living trust.

Can I apply for and receive an 03 FFL on behalf of that same trust? Will this cause legal problems?

My initial hunch is that yes I can and that no, there won't be legal problems, but I wanted to hear from someone who was already a veteran of the C&R system.

Of course, the other problem is that I don't see a benefit to filing as a trust instead of an individual.

If you enjoyed reading about "Curio and Relic License questions" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
ke6guj
March 1, 2008, 06:36 PM
I've heard that a trust can't get an 03.

A nice benefit would be if your trust was an 03, you could transfer C&R NFA stuff interstate without needing a local class 3 dealer.

Soybomb
March 1, 2008, 06:55 PM
I know there was a guy on the C&R forum at ar15.com that tried to get a c&r under a trust a month or two ago. I don't remember what the outcome was but you might check there.

wdlsguy
March 1, 2008, 08:35 PM
I've heard that a trust can't get an 03.
That is correct, because a trust isn't a "person" as far as 18 USC 921(a)(1) is concerned:

(a) As used in this chapter—
(1) The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company.
...
18 USC 921 (http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000921----000-.html)

hksw
March 1, 2008, 10:30 PM
Can I apply for and receive an 03 FFL on behalf of that same trust?

So then since an 03 cannot be obtained by a trust, can LawBot get one as a private individual?

wdlsguy
March 1, 2008, 11:10 PM
So then since an 03 cannot be obtained by a trust, can LawBot get one as a private individual?
Yes, there is a check box for "individual" on the application for a C&R license (Form 7CR).

LawBot5000
March 1, 2008, 11:15 PM
Thanks guys, I am sending it in as an individual. I'm not planning any NFA C&R purchases so it isn't a big deal. I would love a delisle carbine but as far as I know, all the real ones were destroyed after the war.

If you enjoyed reading about "Curio and Relic License questions" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!