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 normally cut in half and the NFA branch does not take as long to process the 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 receiving the NFA item may create a Living Trust either through a lawyer, Quicken Willmaker (available from MR SILENCER for $30), or other software capable of creating a living trust. MR SILENCER has a step by step guide to preparing a trust.
1. The individual forming the trust may NOT list the serial number for the NFA item in the trust before the approved Form 4 returns the NFA branch. The trust does not own the item yet! A schedule of assets must be created in the Trust. This is a list of what assets are assigned as property to the trust 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 one.
2. Once MR. SILENCER has possession of the NFA item, together we fill out 3 copies of the Form 4 with the appropriate information. The individual will list the name of the trust on the Form 4 instead of their legal name. The trust will usually be named for the individual or couple.
3. After the trust has been formed it must be notarized. Once notarized, photo copy the entire trust. This complete photo copy will be sent into the NFA branch with the Form 4’s. Take the original copy and store it with your most precious documents. 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 Form 4, they must send 2 copies of the Form 4 with a complete copy of the trust, Certification of Compliance, and a check for $200 amount to the NFA branch. Check information, dollar amount, and address are listed on the Form 4. The 3rd copy is for an individual registration or for MR SILENCER to hold in reserve.
6. Processing time at the NFA branch is normally much faster (7-10 weeks) than individual (12-18 weeks) registration, but there is no guarantee to this. They don't have to process fingerprints and do an individual background check. 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.
