An individual may register an NFA item to a legal entity(Living Trust or LLC) instead of themselves. This way other trustees/members can posses, store and use the NFA items.
Some of the benefits to this method are the processing time is reduced and the NFA branch does not to process the background check paper work. A second benefit is that registration to a trust does not require CLEO sign-off, passport photos, or finger print cards.
A third benefit is that the trustee may have others listed in the trust who may be allowed to use and posses these items..
Living Trust Registration Process:
- The individual purchasing the NFA item may create a Living Trust to use as the vehicle own NFA Items. MR SILENCER has a great relationship with www.azgunlaw.com. You can email me at email@example.com and I have a promo code for a discount off the $250 normal fee.
1. The individual forming the trust should NOT list the serial number for the NFA item in the trust before the approved Form 4 returns from the NFA branch, then you can record the Make/Model/Serial in the Schedule of listed property. The listed items can be updated periodically as needed within the "living" trust. I recommend using this as a "GUN" trust only. If you want to put all your other stuff in a trust, make another estate trust.
2. Once you have chosen your NFA item, together we use the eForm 4 with the appropriate information and submit electronically. The trust will be listed on the Form 4, not your name. The trust can be named as you please, but keep it short and simple.
3. After the trust has been formed it must be notarized. Once notarized, scan the COMPLETE notarized trust to .pdf and the eForm needs less than 3mb. It is NOT necessary to record it with the county!
4. A Certification of Compliance (ATF Form 5330.20) certifying citizenship must be completed if you are doing an individual application. This is NOT necessary with a Trust or LLC.
5. Once the individual has completed the trust and eForm 4, the wait begins. We have no standard to go by for time to approval. If you think it will be 90 days, you will probably be disappointed. The system is brand new and the results remain to be seen.
6. Processing time at the NFA branch is way up at near 11 months on paper applications, and the NFA Branch states 6 months on eForms. When the NFA branch has processed the paper work 1 copy of the Form 4 will be sent back to MR SILENCER with the appropriate Tax Stamp affixed. Once we have possession of the Tax Stamp we contact the individual and transfer the NFA item after a quick NICS check.
The information enclosed in this document is intended as a guide and is based on our experience in transferring NFA items in combination with feedback from customers. We do recommend creating a Living Trust in order to transfer NFA items; however it is completely up to the individual.
receiving the item. MR SILENCER assumes no legal responsibility on behalf of the transferee by providing this guide or in transferring NFA items. We recommend contacting the NFA branch of the ATF or a lawyer if there are specific questions or concerns we cannot address.