NFA items crossing state lines

[snozzberries]

How does one trustee in one state send a suppressor/SBR to another trustee in another state? Can they mail them direct?

Last edited by snozzberries on Thu Nov 08, 2018 7:51 am, edited 1 time in total.

[Massivedesign]

I've never seen a "state specific" trust? A trust is a trust. what that trust does is allow the trustees of the trust to share the items of the trust. Transporting those items and getting those items from trustee to trustee would still need to follow state and federal laws.

A beneficiary is the person(s) who receive the items upon a trustees passing. Trustees are the ones who share the items while the main trustee is alive.

[RocketScott]

All trusts are state specific. Since trust law varies from state to state they have to be

States honor other states trusts though. It's not like leaving the state invalidates the trust. That's why there are companies that will set up a Delaware trust for the tax benefits even though they are not in Delaware

[oldkim]

I know that the top tier trust by NW Law Group can help multi states as I remember discussion about Full Auto in Oregon etc etc

As for moving cross state lines that’s still a ATF formality by notifying and getting approval for NFA item to cross state lines (temporary and/or permanent moves).

As for trustee across state lines etc.
That is why we have lawyers. Good luck.

[snozzberries]

Maybe I'm confused in my question.

I form a trust with a friend in Montana.

The trust buys a suppressor. We both get background checks. Then we ship the suppressor back and forth directly to each other. No more background checks. No need for an FFL, as the suppressor isn't being transferred. It remains with the Trust the entire time. We just have to notify the ATF we are sending it across state lines.

The trust buys a SBR. We both already have our background checks. Then we ship the SBR back and forth directly to each other. No more background checks. No need for an FFL, as the rifle isn't being transferred. It remains with the Trust the entire time. We just have to notify the ATF we are sending it across state lines.

Does this work?

[oldkim]

You might want to do some more research.

It’s not the “transfer” but the transportation across state lines without prior approval from ATF.

I am not a lawyer. But it’s free advice. Be it wrong or right. Hoping for your sake I am wrong. But I am not the one that has to face any issues that may come.

[RocketScott]

So there's this:

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(5) and 922 (a)(2)(A); 27 CFR 478.31]

But you are not transferring. The items will be "in the trust". It's basically like shipping a rifle or suppressor to yourself. Say you want to go hunting in Alaska but want to drive through Canada so you decide to ship your rifle and suppressor to yourself

The suppressor doesn't require notification but the SBR will. You'll also be bound by the requirements of the shipper

*I am not a lawyer