Thursday, August 12, 2010

The NFA Odyssey Part 1: It's all about Trust...and paperwork

So you've been surfing the various fora out there dedicated to firearms and said to yourself "Boy Howdy, would I ever like to get my hands on one of those sexy SBRs!"

On the surface, it can be intimidating. There's paperwork involving Sheriffs, and Fingerprints, the ATF, maybe an FFL or two, Tax Stamps, a Dark Lord, and something about the end of the world. Ok, I threw that last part in there for grins. But there are some major hurdles to overcome, but none of them are quite as bad as you might believe.

Now there are a lot of issues with going the individual route. What I mean by that is not all Sheriffs or County Chiefs are friendly about signing off on your Form 1 or Form 4. Then there's the fingerprinting hassle and the issue of what to do in the event of your death. When you die, your NFA items will be transferred to whom you want, but they will have to go through the same process you just did, including paying the $200 stamp per item.

Seems like a headache, doesn't it? Never fear, there is a much more simple way around this: A Revocable Trust (depending on your State the name might be different).

What is a Revocable Trust you ask? It is a trust (legally binding agreement) that you can change, edit, add to, or subtract items and individuals from during the course of your lifetime. Upon your death these items will pass on to the Trustee(s) you appoint. Tax free, no hassle with probate, and no long waiting period.

Fantastic, no?

So by now you've probably looked up "NFA Trust" and found a variety of helpful, and not so helpful, websites and forum posts and you're even more confused now than before. Even better, there's a group of lawyers out there spamming various boards for their "NFA Trust Service" and "keepin up the skeer", to steel an old Southernism. If you don't mind spending $500 to pay someone else to set this up for you, by all means go ahead and do so. They'll flood you with horror stories and paint pictures of small concrete rooms, tiny windows, grey bars, and never wanting to drop your bar of soap for 20 years. The truth is, as long as you are reasonably intelligent and ask questions when you are stumped, you will be fine.

The Arizona Gun List already has an excellent walk through on setting up a revocable trust using Quicken WillMaker. I'm not going to waste my time regurgitating his already excellent work. Read up on it, and follow his procedures.


After that you do all the work for your trust, you will need to print out either an ATF Form 1 (if you're making this weapon yourself) or ATF Form 4 (if you're transferring an already made/registered NFA item).You will also need to fill out the ATF Certification of Citizenship form. Note, when SBRing a pistol the Form 1 and 4 ask for the length of the firearm. They want it's present length, not what it will be with the stock attached.

Then go to your bank and get a certified check (you can use a personal check, but if you're as fiscally irresponsible as the majority of Americans, let's not leave anything to chance) for $200 made to out to the "Bureau of Alcohol, Tobacco, Firearms, and Explosives". You will then fill out and print two copies (FRONT AND BACK) of your Form (either 1 or 4), your Certification of Citizenship, Your Declaration of Trust, Schedule A, and Certification of Trust, and mail them to:

Bureau of Alcohol, Tobacco, Firearms and Explosives
National Firearms Act Branch
244 Needy Road
Martinsburg, West Virginia 25405 USA



I sent it certified, so that I would know when they received it. At that point, just sit back and wait. As they say in Joisey "Fuggadditaboutit"