Curio and Relic License questions

[LawBot5000]

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.

 

[ke6guj]

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]

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]

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

 

[hksw]

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]

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]

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.