Would you go individual or trust in this situation?

[Bret]

Keeping in mind that I believe that the NFA is BS including machine guns, the ATF is probably the last organization I'd mess with by doing something like that. They could make the case that one was intentionally adding and removing trustees to avoid background checks and they'd pretty much have everything they'd need to convince a federal jury. Look at what happened to Larry Vickers. He followed all of their regulations, but they still nailed him. That's not something that I think is worth the risk, but best of luck to anyone who does so.

[georgeib]

Keeping in mind that I believe that the NFA is BS including machine guns, the ATF is probably the last organization I'd mess with by doing something like that. They could make the case that one was intentionally adding and removing trustees to avoid background checks and they'd pretty much have everything they'd need to convince a federal jury. Look at what happened to Larry Vickers. He followed all of their regulations, but they still nailed him. That's not something that I think is worth the risk, but best of luck to anyone who does so.

The preceding advice I wrote is from an NFA trust attorney from whom I bought my trust, and I believe may be detailed on their website. https://nfalawyers.com/

[Bret]

I think this is the particular part that you're referencing.
https://nfalawyers.com/new-41f-updat...wyers-clients/

Lawyers can tell you how to navigate a process, but taking their advice doesn't get you a get out of jail free card. If you follow a lawyer's advice and end up in legal trouble, will that lawyer pay all of your legal fees and tell the court that they gave you the advice that led you to be in the situation? Larry Vickers no doubt received advice from lawyers regarding how to navigate the ATF's regulations. In the end, he still got charged. Amending and shredding an amendment to a trust for the purpose of avoiding background checks for those in the trust seems like a bad idea because one of the primary purposes of 41F was to require background checks for everyone in a trust. It doesn't matter that nobody would have failed the background check anyway.
None of the machineguns that Larry Vickers got imported were used for nefarious purposes. I think someone doing this is messing with fire. The ATF has unlimited funds and has demonstrated that they don't really care about the letter of the law. So, I wouldn't do it but wish the best of luck to anyone who does.