Question for Class 3 Dealers Regarding Paperwork and Trusts
Strykervet
December 30, 2011, 03:11 PM
Hi, I'm in WA and will purchasing my first suppressor. I already did the paperwork, 2 transfer forms and the one citizenship form, and I have a copy of my "trust agreement", a copy of an unused "schedule B" (which documents the non-NFA items in the trust, but I don't have to disclose those) and a copy of the "schedule A" which is the list of my current NFA items.
Am I missing any documents? Any other trust info that goes along with it? My binder has all the laws in it, extra forms, some instructions, etc., but I am under the impression only the "trust agreement" itself and the "schedules A and B" are actually copied and sent.
With the schedule A, do I sign a blank one since I don't have anything yet? Or do I put down the new one I am trying to purchase?
Before anyone says "call your lawyer" I tried and no telling when I will get a call back, they may be on extended vacation. Before anyone says "call your dealer" I'd like to say he's small and probably unfamiliar with the way a trust needs to be handled in a transfer, after all, we just got to be able to actually use suppressors this summer; before that nobody really bought them, and chances are he didn't start selling them until early this fall.
So what I would like is to hear from a few of you that do have experience with this, with suppressors and trusts. I want to get it right. If you can spell it out step by step, that would be just great. I have a "Gundocx" trust, if that helps, because the template should be the same thing if you've ever seen one.
Thanks in advance.
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GoingQuiet
December 30, 2011, 08:28 PM
1. Class 3 is a tax bracket, not an item you can buy. Your use words such as "Class 3 dealer" = dealer that sells Class 3 is in the same sense that a "Ford Dealer" = dealer that sells Ford.
2. Citizenship form is not needed on a trust transfer. You want to mail in a complete trust, PERIOD. Each trust is setup differently so for you to ask "do I sign the schedule A" is not an easy thing to answer as your trust language might require you to sign it as trustee and you might not. This isn't something that is easily answerable as all trusts are unique.
zignal_zero
December 31, 2011, 10:25 AM
I could be wrong, but I believe a trust is only valid if there property in it. Now you said you separated your NFA and nonNFA guns into two sections. While I don't think that is necessary, I don't see why it would be a problem (I have everything in my schedule A), you might want to disclose the nonNFA items just to demonstrate there is property in the trust therefore making it "valid"
Sam1911
December 31, 2011, 10:40 AM
1. Class 3 is a tax bracket, not an item you can buy. Your use words such as "Class 3 dealer" = dealer that sells Class 3 is in the same sense that a "Ford Dealer" = dealer that sells Ford.
I love being pedantically nit-picky when folks talk about "Class 3 guns" because there really isn't any such thing.
But there certainly is such a thing as a "Class 3" dealer, because that's exactly how they are known, as Class 3 Special Occupational Tax-paying Type 01, 07, 10 etc. FFL dealers.
No reason to go full-on-school-marm over the use of "Class 3 dealer." It's not like he was saying he wanted to go buy a extra clips for his class 3 gun! ;)
dam88dam
January 2, 2012, 10:51 AM
Just to clarify (I am not a lawyer):
#1 You need to add the device to your Schedule A (serial #, type, length of barrel, et al) first, then
#2 Send two copies of your entire trust (not Schedule B) along with,
#3 Two copies of the Citizenship form as the settlor of the trust (ATF may bounce the request) &
#4 zero copies of fingerprints or photos
#5 MO or check (some states require a separate bank account for the trust unless you have the "murkiness" detailed out as the personal funding transferring ownership of the monies to the trust) for $200.00
:neener:
Depending on who gets the submission and their attitude that day, it will sail through in 60 days or languish and be kicked out after 90-180days because you wrote ATF on the MO instead of Bureau of Alcohol, Tobacco, Firearms and Explosives.
Bet me, I dare you.
atomchaser
January 4, 2012, 01:27 PM
I don't believe you add the item you are in the processing of getting the stamp for to your Schedule A until after it is in your possession.
rjrivero
January 4, 2012, 03:42 PM
#1 You need to add the device to your Schedule A (serial #, type, length of barrel, et al) first, then
#2 Send two copies of your entire trust (not Schedule B) along with,
#3 Two copies of the Citizenship form as the settlor of the trust (ATF may bounce the request) &
#4 zero copies of fingerprints or photos
#5 MO or check for $200
#2 I've only sent one of the trust paperwork.
#3 You don't need the certificate of compliance since a trust has no citizenship. Same as not needing fingerprint cards, since trusts have no fingers.
I don't believe you add the item you are in the processing of getting the stamp for to your Schedule A until after it is in your possession.
I was told you SHOULD add the new item to your schedule A when you apply. It is an asset of the trust when it's paid for. It can then leave the gun shop when the stamp comes back approved.
GoingQuiet
January 5, 2012, 10:36 PM
Just to clarify (I am not a lawyer):
#1 You need to add the device to your Schedule A (serial #, type, length of barrel, et al) first, then
#2 Send two copies of your entire trust (not Schedule B) along with,
#3 Two copies of the Citizenship form as the settlor of the trust (ATF may bounce the request) &
#4 zero copies of fingerprints or photos
#5 MO or check (some states require a separate bank account for the trust unless you have the "murkiness" detailed out as the personal funding transferring ownership of the monies to the trust) for $200.00
:neener:
Depending on who gets the submission and their attitude that day, it will sail through in 60 days or languish and be kicked out after 90-180days because you wrote ATF on the MO instead of Bureau of Alcohol, Tobacco, Firearms and Explosives.
Bet me, I dare you.
#1 - Not true. I have seen this done with no assets in trust, item in question in trust and item in question not in trust with other assets listed. This is a non issue.
#2 - Not true. You can send as many Form 4's as you want with ONE COMPLETE set of trust paperwork. When you say "not schedule B" you have to understand that Schedule B is no different than "Appendix A" in a chemistry textbook. It is just a supplement. A complete trust will get approved. An incomplete trust, regardless of if you attached Schedule A, B, C, whatever will not be approved.
#3 - Not true. The citizenship form is for individual, not trust transfers.
#4 - Correct.
$5 - ATF takes your money any way possible, just not in cash.
So, not only are you not a lawyer, but you don't send out Form 4's for a living either by the looks of it.
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