Anyone file since 41F?

[JDS556762]

Ok so what do you guys think is the best way to file now? Individual or do you amend your trust to remove all responsible parties? This is assuming that the 2nd option gets approved without any hitches. I dont think anyone filing post 41F has gotten an approval yet so we dont know 100% if that will work yet.

I'm individual now. Was trust, but individual has been breeze. Drinkin coffee typing on ATF PDFs just got my prints and pics done like you'd have to for trust anyways, it's so similar it's kinda pointless unless you had other entities on your trust you'd need to remove or include their information. My dad is on my trust I'm too lazy to remove him and he's too lazy to get printed so individual forms from here on out.

 

[Lazarus]

Yes.

I'm individual now. Was trust individual has been breeze

Ah ok, so you dont have any worries. I might just go individual.

Side point: Wasn't one of the benefits of getting a trust was to have your wife and other family members who has access to the items listed on the trust so they would be protected? Unlike a gun only responsible parties can have access and control over the NFA item while you aren't present. How is this handled or addressed when the items are owned individually? I know this isn't anything new since individuals were buying NFA items pre-41F, just not sure how that works.

 

[HydroAuto]

It's my understanding that if the NFA device is owned by an individual, then the individual/owner must be present any time it is being used otherwise it may be construed as a transfer. Not to say I've ever read of someone being charged or convicted of a transfer like this, but it is one of those things you don't want to be the first one to find out.

 

[Lazarus]

It's my understanding that if the NFA device is owned by an individual, then the individual/owner must be present any time it is being used otherwise it may be construed as a transfer. Not to say I've ever read of someone being charged or convicted of a transfer like this, but it is one of those things you don't want to be the first one to find out.

Yea but I remember a discussion before where someone said that they added their wife on their trust because she had access to the safe where the items are stored. I can't remember the tread but I believe someone posted information that supported that opinion. So if you aren't home, your wife is, she has access to the safe she needs to be listed on the trust. Question is how does that work if there is no trust?

I know its splitting hairs, and I'm not arguing one way or the other, just curious. I dont think you have anything to worry about if your spouse or any other family member isnt listed on the trust.

 

[HydroAuto]

I know its splitting hairs, and I'm not arguing one way or the other, just curious. I dont think you have anything to worry about if your spouse or any other family member isnt listed on the trust.

Not splittings hairs, we've seen the ATF and courts make some decisions that I think most of us would consider 'a stretch' at best. By the letter of the law, your wife and anyone in the house should not have access to the safe. Even disregarding NFA items, you and your wife are assumed to have knowledge and control of everything in your household unless there is solid evidence to the contrary. This is similar to how the driver of a motor vehicle is assume to have knowledge and control of everything in the vehicle they are operating, and why it is important that you know & trust the people that are in your vehicle/home, because YOU will be on the top of the list of people charged with anything illegal found in your home/vehicle.

 

[Lazarus]

By the letter of the law, your wife and anyone in the house should not have access to the safe.

Even disregarding NFA items, you and your wife are assumed to have knowledge and control of everything in your household unless there is solid evidence to the contrary.

So what are you saying? These two statements seem to contradict themselves.

Its not unreasonable to think that your wife would have access to your safe as your second statement says. I believe the letter of the law says anyone with access to your NFA items should be listed on your trust to be covered. My question is what if you filed as an individual? How are you covered if the ATF comes to your home while you aren't there and your wife is? *Not saying this would ever happen, again just curious*

 

[HydroAuto]

I'm saying that, if you are not present, your wife should not have access to the safe because that is technically having access and control of the NFA devices.

We should probably ping @heavyd for his legal opinion, you know, since he's actually an attorney.

 

[Lazarus]

I'm saying that, if you are not present, your wife should not have access to the safe because that is technically having access and control of the NFA devices.

We should probably ping @heavyd for his legal opinion, you know, since he's actually an attorney.

My safe isn't just a gun safe. It also houses important documents so yea my wife has access. Shes not a felon, so legal to own and operate a gun, so there would be no issue there. Curious to see what those are are going the individual route are doing about this.

 

[JDS556762]

Form 1 Individual complete, And now we wait.....virgin factory receiver pistol build right now riding the shockwave brace until approval. 6" threaded KIDD bbl has been ordered and was processing today so should be shootable anyday now!

 

[JDS556762]

I ain't letting up on the work load of those paper pushing, stamp issuing, pogs. I'm gonna keep filing. No vacation NFA branch! I bet My Chief of Police is loving me handing him his CLEO notification copy once a business week too. Regular interruption of business as usual. Hoping he starts letting me just text him and tell him "I'm building some gangster s***" and him responding with "f*** yeah" that's the America I wanna live in
Let's see if my 10/22 SBR clears before the AR9. Conceived only two days apart lol.