Which is the easiest way to go for to get a SBR? I have a LMT lower that I plan on using. How hard is to get a Trust setup for a SBR? I think that I understand tthe long route,paperwork+$200.00 to send in to the ATF, But I don’t understand the Trust route and how to get started and how much does it cost?
Any way that you do it, you have to fill out the paperwork and pay the $200 tax to the ATF. Setting up a Revocable Living Trust and putting the gun in the trust only gets you past needing CLEO signoff, photos and fingerprints.
See a lawyer to set up a trust for you. I usually runs a couple hundred dollars. You can also buy quicken software and set it up yourself for about $50. Many don’t recommend it since you don’t have any legal protection if it’s messed up. I used quicken, then had a lawyer acquaintance look it over for me for the price of a lunch. Looking back I would just have a lawyer do it. I only saved about $150, but a bad outcome could have cost much more. Good luck
Don’t do the trust unless you are absolutely sure you can’t get CLEO signoff.
Why do you suggest this?
I live in FL and in Palm Beach county, where there is zero possibility of getting the CLEO sign off, despite the fact that class 3 is allowable in FL.
The trust is the route the vast majority use to get their SBR’s and cans…and works beautifully. It’s probably a couple hundred bucks to set it up properly.
I know of no reason to NOT go that route. It’s pretty much the standard for getting it done where I live.
As mentioned before, the paperwork and tax stamp are requirements for EVERYONE who goes class 3. The question here is how to be able to complete that paperwork. One either needs a sign off by a CLEO…or another method, such as a trust.
When local law enforcement denies you your rights, the trust is an excellent way to go.
I have to disagree with this statement. Using a trust is a perfectly legal method of limiting the number of potential obstacles and headaches from your NFA purchase. I see no need to ask my local CLEO for “permission” to purchase these items when the law allows me skip the option.
Another plus to the trust route is that it will enable your family to transfer or sell the items much easier if you list them as trustees or beneficiaries on the trust. It eliminates many of the probate pitfalls that can happen if you suddenly die.
DISCLAIMER: I am not a lawyer nor do I play one on TV!!
Why the hell not? The advantages of a Trust include:
- No need for CLEO’s signature.
- No need to get fingerprinted.
- The Trust-registered rifle can be transferred to anyone who is identified as a Trustee on the Trust. This means that if you identify your next-of-kin in the Trust, they won’t have to jump through hoops to legally be in possession of your SBR should (God-forbid) something happen to you.
The last point should be more than enough reason to go the Revocable Trust way.
Trust is the way to go. Do it.
Didn’t mean to get anybody’s feathers ruffled, guys. I just said that I wouldn’t go the trust route unless I couldn’t get CLEO signoff.
I deal with corporations, trusts and LLCs on a daily basis and I see how screwed up they can get in their incorporation and maintenance. I just see it as another burder to have to deal with, in addition to all the NFA red tape. I just feel its not worth it unless necessary- if it is, have at it.
I guess I’m just spoiled. Tennessee has (in effect) a “shall issue” C3 law. The CLEO is required to sign off on NFA paperwork within 15 days or show cause as to why the person cannot own an NFA item. My last SBR paperwork was returned to me within a week.
Show me how more than one person could be in possession of the NFA item on a regular individual tax stamp without violating Federal law and I would think you’re on to something.
This is the number 1 reason why my wife and I use a Revocable Living Trust for NFA. We’re both Grantors and Trustees. So either of us can be in possession of the NFA stuff the Trust owns while the other isn’t present.
No feather ruffling. Just pointing out the facts.
Think of it this way; what would be the cost for any of your immediate family to legally be in sole possession of any of your NFA items? If for example, your wife (if married), child (if you have any and they are of legal age), or a sibling (if applicable) were to ask you if they could take an NFA item (that was not registered to a corporation) to a range or a firearms class; could you let them do so without having to go with them?
Sorta off topic but Someone correct me if I’m wrong please. I heard scuttlebutt that when you die your family has rights to your NFA item if you leave it to them in your will whether you otained it via trust or Form 1? Personally, I’m not concerned whether my family has legal access to my SBR’s while I’m living, but I would like them to be able to do what they like with the SBR’s after I’m gone. Mine are all Form 1’d (I’m lucky since my boss signs off on all LEO’s forms & we do our own finger printing while the records clerk takes care of the Triple III/criminal history. One of the deputy prosecutors that works for my county used to be on the civil practice side & gave me that intel. Now I’m curious if there is a NFA guru here with legal knowledge of this since this might not be the case in all states?
Best thing would be to contact a lawyer that’s very familiar with NFA law but I do believe that is correct. I’ve not known anyone who’s passed away and left something to somebody in a will. But from what I do know it’s a tax free transfer. It’ll be legal in all states as long as the state doesn’t prohibit NFA.
I’ll add my $.02 to the Trust vs Stamp controversary that some may see as illogical or irrational:
I like to own and use toys that are in my name, and would not like to be in the situation where I’m ‘borrowing’ them from the corporate entity (i.e., Trust) that actually ownes them. (its that same feeling that makes me buy my cars, instead of leasing them, even though leasing might make more sense financially).
If you can get the Stamp and the Form 4 in your name, I’d do it.
I see what you’re saying, but the trust name can be whatever you like and you own the trust, therefore you own everything in the trust.
My trust bears my name and has me listed at the grantor and trustee as well as my wife listed as a trustee. It just makes the process easier IMHO. No need to make two trips to the Sheriff Department 30 miles away, no need to pay to have fingerprints done or passport photos. Having the trust cuts my paper work and travel time from a couple of hours spread out over a couple of weeks to 10 minutes spread out over 10 minutes. YMMV
Could someone post a link to information concerning the Trust and Trust information?
Don’t post something logical and factual…you might actually confuse someone. 
I’ll try harder to refrain from it. My appologies:D
They are both legal & common methods of acquiring, or making, a Title II device.
I use the individual route because my sheriff will sign off on them through an LT in his internal affairs office.
The trust route is appealing to me in order to avoid having to make the trip for prints. Though I’ve even streamlined that process when I am ready to make several acquisitions. I simply get 6 or 8 cards done at once. 
Neither is better, in the grand scheme of things, than the other unless you have some sort of mitigating circumstance, that requires the use of one over the other.
Each person needs to assess their own situation and use what is best for them.