Can I register my "stabilizing brace" equipped firearm to my trust pursuant to ATF Final Rule 2021R-

[Destructo6]

To lawfully register the firearm to a trust, the trust must have possessed the firearm before January 13, 2023. Accordingly, you must submit with the application documentation that establishes the trust possessed the firearm before January 13, 2023.

Can I register my "stabilizing brace" equipped firearm to my trust pursuant to ATF Final Rule 2021R-08F?

A trust may not register a “stabilizing brace” equipped firearm pursuant to ATF Final Rule 2021R-08F unless the trust can establish through documentary evidence that the trust possessed the firearm before January 13, 2023.

Under the final rule, the Attorney General has authorized a tax forbearance that allows current possessors of "stabilizing brace" equipped firearms that meet the definition of "rifle" and have a barrel or barrels less than 16 inches to register the firearms tax-free. A current possessor is a person1 who possessed the "stabilizing brace" equipped firearm prior to January 13, 2023.

Accordingly, any trust that seeks to register a "stabilizing brace" equipped firearm pursuant to Final Rule 2021R-08F must include with the eForm 1 application evidence that establishes the trust is the current possessor of the "stabilizing brace" equipped firearm, and possessed it before January 13, 2023. This evidence will generally include the signed, dated, and notarized terms of the trust or trust schedules that list or provide a description of the property held in trust. Accordingly, for trust applicants, ATF will perform a thorough review of the trust documents provided with the eForm 1 application to ensure the firearm sought to be registered to the trust was property possessed by the trust before January 13, 2023. Therefore, an eForm 1 application to register a "stabilizing brace" equipped firearm to a trust will be disapproved if the applicant fails to demonstrate the trust possessed the firearm before January 13, 2023.

How can a current possessor who is an individual register a "stabilizing brace" equipped firearm to a trust or other legal entity?

A "stabilizing brace" equipped firearm that is currently possessed by an individual after January 13, 2023 can only be registered to that individual pursuant to Final Rule 2021R-08F. Any individual possessing a "stabilizing brace" equipped firearm in his or her individual capacity who wants to register the firearm to a trust or other legal entity must first register the firearm as an individual within the 120-day tax forbearance period, then submit a tax-paid ATF Form 4 transferring the firearm from the individual to the trust or other legal entity.

[1] For purposes of the NFA, the term "person" is defined as "an individual, a trust, estate, partnership, association, company or corporation." 26 U.S.C. § 7701(a)(1).

Strange that ATF hasn't previously required proof that the trust owned the base firearm prior to filling out a Form 1.

Why now?

What if your NFA Trust does not include a schedule?

 

[Lennyjoe]

Following. I had the same unanswered question. My current SBR trust does not include my AR pistol with a SB brace.

But, it looks like we first need to do a Form 1 for individual and then a Form 4 after the Form 1 is approved.

 

[SC45-70]

Answer: In short, a trust may not register a firearm equipped with a “stabilizing brace” that is a short-barreled rifle pursuant to ATF Final Rule 2021R-08F unless the trust can establish through documentary evidence that the trust possessed the firearm prior to the date the final rule is published in the Federal Register. Under the final rule, the Attorney General has authorized a tax forbearance that allows current possessors of firearms equipped with a “stabilizing brace” that meet the definition of “rifle” and have a barrel or barrels less than 16 inches to register the firearms tax-free. A current possessor is a person who possessed the firearm with an attached “stabilizing brace” prior to the date the final rule is published in the Federal Register. Accordingly, any trust that seeks to register a firearm with an attached “stabilizing brace” that is a short-barreled rifle pursuant to Final Rule 2021R-08F must include with the eForm 1 application evidence that establishes the trust possessed the firearm prior to the date the final rule is published in the Federal Register. This evidence will generally include the signed, dated, and notarized terms of the trust or trust schedules that list or provide a description of the property held in trust. For trust applicants, ATF will perform a thorough review of the trust documents provided with the eForm 1 application to ensure the firearm sought to be registered to the trust was property possessed by the trust prior to the date the final rule is published in the Federal Register. Therefore, an eForm 1 application to register a firearm equipped with a “stabilizing brace” to a trust will be disapproved if the applicant fails to demonstrate the trust possessed the firearmprior to the date the final rule is published Federal Register.

SC45-70

 

[Destructo6]

Am I reading this incorrectly or is ATF contradicting themselves in the very section they cited?

[1] For purposes of the NFA, the term "person" is defined as "an individual, a trust, estate, partnership, association, company or corporation." 26 U.S.C. § 7701(a)(1).

The way I read this is that an "individual" = "person" = "trust" = etc. So then, why is a trust being required to show proof of ownership prior to last Friday, when an individual is not required to show such proof?

 

[Frank Ettin]

A personal, serious legal issue — the OP needs his own lawyer, not anonymous strangers on the Internet.