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NFA trust with underage child on trust?







ducker

Lock and Load
#1
Was wondering what can be done if i had a nfa trust made to ensure in event of my death my son would aquire trust firearms when at legal age? As in if i died before my son is 18yo? Would i need a legal age additional trustie to hold items till my child becomes legal? Thanks for any info
 

MAC702

LEGEN...wait for it... DARY!
Forum Supporter
2020 Supporter
Commercial Sponsor
#2
Presumably the child would have a guardian until legal age? But then again, most NFA items are 21+ for possession, right? Good question.
 

doz

Obsessed Member
Forum Supporter
#3
https://www.atf.gov/firearms/qa/how-old-i-have-be-make-or-own-nfa-firearm

Would be interesting.... Federal law does not prohibit NFA items being owned by anyone, but it restricts the "sale and delivery" of them. So while your trust my grant them to your son @ 18, there could be a grey area as the transfer would have to take place by a dealer so it could fall under "delivery"...??? Maybe a FFL can chime in.

That said, SBR and full auto rifles/shotguns should be transferable but a suppressor could not be transferred.
 

ducker

Lock and Load
#4
https://www.atf.gov/firearms/qa/how-old-i-have-be-make-or-own-nfa-firearm

Would be interesting.... Federal law does not prohibit NFA items being owned by anyone, but it restricts the "sale and delivery" of them. So while your trust my grant them to your son @ 18, there could be a grey area as the transfer would have to take place by a dealer so it could fall under "delivery"...??? Maybe a FFL can chime in.

That said, SBR and full auto rifles/shotguns should be transferable but a suppressor could not be transferred.

Geez from reading that seems like it would be legal for my 6 year old to walk around with a trust sbr if hes listed on the trust?!
Haha, kinda crazy there is no age limit on nfa stuff had no idea. Wording is strange can posses at any age, but cant deliver or sell till 21.
 

doz

Obsessed Member
Forum Supporter
#5
I thought with certain trusts though, if someone else is on it, you are good to transfer to them? Not familiar with all the trust stuff. But if someone is on the trust and they are legal to own, you shouldn't have to go through a dealer?

I thought that was a benefit to them as they are authorized users of the item at that point.
 

JTW_Jr

WheelGunner
#6
You can Form 1 to build an SBR or Suppressor at age 18 , at 18 you can also buy a form 4 item from an individual at 18 in the same state, since no dealer is needed. ( well except for NV , since we have that pesky bs of all transfers going thru FFL now).