Thinking about an SBR

[badkarmamib]

Okay, first things first. I understand that no replies are legal advice. I need you to understand that I have never seriously considered attempting this before, so, while I may think I have some ideas, assume I don't, and please make your replies as simple to understand as possible. Also, I already checked the stickies, which gave me some guidance, but am hoping to nail down exactly what would apply to me, and know what legal course(s) of action I should take, if I decide to proceed.

I am interested in getting an MP5 clone pistol. If I get that, I am fairly certain that I will want to add a stock to it at some point. So;

1. I would be leaving it in a cabinet that my wife has a key to, and would want her to have options if something happens to me. So, I am expecting to do a trust. Is that something I would need a lawyer to do, can I do it online, or would a class 3 dealer be able (if willing) to do the paperwork, if a trust even involves paperwork? As I said, I have no idea what is involved in any of this.

1a. My oldest child is 14, I would like him (and his younger siblings) to be able to borrow it when they are older, if I decide that I want them to. Is it acceptable to add their names to the trust now, or would I have to wait until they are 18 (or 21?)? If I have to wait, what is the easiest way to add names later?

1b. Is it best to only put NFA items in the trust, or all firearms currently in my name?

2. After the trust is done, do I just submit a Form 1, wait for approval, and add my stock?

3. From the stickies, my understanding is that once I complete this process, my MP5 would be forever a rifle, so that if I were to decide to sell it, it cannot be turned into a pistol by simply removing the stock, correct? I read some suggestions that some form could be filed to remove the stock and remove the firearm from the registry via some form, but nothing I saw baced that up, and logic (though that rarely applies to government rules) tells me that this would still be "creating a pistol from a rifle", which is a no-no. Please enlighten me.

4. Is there anything else that has to be done that I didn't mention? I am looking for the easiest way to add a stock to a pistol (that I don't even own yet), allow me to leave the house while my wife has access to it, allow the same wife (hopefully ) to have an easy, legal way to decide what to do with it if something happens to me, and allow my children to borrow it when they are older, if I desire to allow it. Thank you very much in advance.

 

[adcoch1]

First of all, let's address the trust idea. If you create a trust, any good law firm can do it, but some firms specialize in nfa trusts. You would want your family members as beneficiaries right from the beginning, and later can be made trustees as needed. That's what I did with my trust.

 

[adcoch1]

Now for the build. Get your pistol, and complete your form 1. Engrave the required information, ie. Your trust name and city/state of the build on the firearm once the form is approved. It's a long wait, but worth it. Then install your stock AFTER you have your approved form 1/tax stamp and go shoot your new SBR. Again, this is what I did with my AR-15 based SBR.

 

[Havok7416]

I was in a similar boat to the OP when I went down the NFA road. In my case, things started with silencers but I also have a single SBR now as well.

My trust was created by a lawyer/firm that specialized in NFA among other things. My wife also was going to have access and I felt the trust offered us the best options. The only items on my trust are NFA. If you are concerned about your estate and the disposition of your property after you are gone, my recommendation is 1) find a lawyer who is well-versed in this kind of thing (which may be an admittedly tall order) and 2) put your regular firearms in a separate trust if this is something you are considering.

Personally I think #2 above is a waste. Plenty of firearms have been handed down without one. I personally don't see what the trust would offer for non-NFA items over a standard will or similar. OTOH I'm also not a lawyer.

 

[dogtown tom]

1. I would be leaving it in a cabinet that my wife has a key to, and would want her to have options if something happens to me. So, I am expecting to do a trust. Is that something I would need a lawyer to do, can I do it online, or would a class 3 dealer be able (if willing) to do the paperwork, if a trust even involves paperwork? As I said, I have no idea what is involved in any of this.

There are literally hundreds of online trusts that you could purchase. Unless your dealer is also an attorney, he isn't an attorney and cannot legally write trusts. He CAN assist you in purchasing a trust from an attorney.

1a. My oldest child is 14, I would like him (and his younger siblings) to be able to borrow it when they are older, if I decide that I want them to. Is it acceptable to add their names to the trust now, or would I have to wait until they are 18 (or 21?)? If I have to wait, what is the easiest way to add names later?

Whether minor children can lawfully possess a firearm depends on your state law. Typically, children under age eighteen are not listed as a "Responsible Person" (what ATF considers as those who can use and possess an NFA firearm).
Adding Responsible Persons or beneficiaries to your existing trust is usually done by addendum. Depending on your state that addendum may have to be notarized.

1b. Is it best to only put NFA items in the trust, or all firearms currently in my name?

A trust has advantages for using and possessing NFA firearms, but Title I firearms do not require federal registration and can be used and possessed by anyone who is not otherwise prohibited.

2. After the trust is done, do I just submit a Form 1, wait for approval, and add my stock?

Correct.

3. From the stickies, my understanding is that once I complete this process, my MP5 would be forever a rifle, so that if I were to decide to sell it, it cannot be turned into a pistol by simply removing the stock, correct?

No.
An SBR is only an SBR when in SBR configuration. You can configure or reconfigure your pistol>SBR>Title I rifle> pistol>SBR as often as you wish with no notification to ATF required.

I read some suggestions that some form could be filed to remove the stock and remove the firearm from the registry via some form, but nothing I saw baced that up, and logic (though that rarely applies to government rules) tells me that this would still be "creating a pistol from a rifle", which is a no-no. Please enlighten me.

ATF never removes entries to the NFA Registry. If you decide you no longer wish to have an SBR or are moving to a state that doesn not allow SBR's, you just reconfigure to a non NFA configuration. If permanent, ATF asks that you notify them to keep the registry accurate, but no law requires you do so.