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alvins wrote:well those nra trusts are really just living revocable trusts with the nfa language in them. I think the reason a lot of people think sean cody is good at it be because he does a lot of them and he also deals in class 3 items.

Any fool can splint a broken leg........or you could go see an orthopoedist. Either way, your leg is going to heal eventually, but the orthopoedist will likely get you better results.

If you use a competent attorney who has lots of experience doing these trusts, you can end up with a multistate compliant trust, because the required legal language of a trust may well vary from state to state. If you do your own, it may be valid here in Texas, but not necessarily anywhere else. If you hire a knowledgable attorney to draw up your trust and something goes wrong because of incompetence on his part, you can file a malpractice case against him to recoup your losses. If you screw things up for yourself, you have nobody to turn to but yourself.

The consequences of screwing something up when it comes to NFA items are quite steep. Are you really willing to take that gamble on your own legal capabilities? Even lawyers say that the lawyer who defends himself has a fool for a client.

By all means go ahead and do it as cheaply as you can, but don't be penny wise and pound foolish. The price of hiring someone competent to do it for you is a fraction of the total cost of procuring and registering an NFA item. That's my 2¢.

Charles L. Cotton wrote:

LittleGun wrote:Sean Cody did my trust. On something as serious as NFA stuff, I wanted a specialist.

Just for clarification: An attorney cannot hold himself out as a specialist, or as having special expertise, in any area of law, unless 1) the State Bar of Texas recognizes and certifies attorneys in that area of law; and 2) the attorney has applied for and received certification in that special area of law.

The State Bar of Texas does not recognize NRA trusts as a specialty.

Chas.

smilner01 wrote:I had Sean Cody prepare mine as well. I don't think Mr. Cody refers to himself as a "specialist", that is just the way he is perceived.

Not to quibble with Charles, because he is actually right in the legal sense, but there are attorneys who "specialize," in the practical sense, in setting up trusts. Sean Cody appears to be one, and Darrel Clements, whom I spoke with, appears to be another. I would say that the distinction means that neither Cody nor Clements can say they are bar certified in the specialty, but they do have lots of practical experience in this type of legal transaction......kind of like how a general surgeon is not necessarily a board certified urologist, but he may well have a lot of experience repairing traumatically lacerated bladders.

Bullwhip wrote:

The Annoyed Man wrote:One of the things Darrel Clements told me about is constructive possession with NFA items. If I have given my wife the combination to my safe in which I have an NFA item stored, and then later I die without having her named as a trustee, then the minute she opens my safe after my death she is now in constructive possession of a NFA controlled item without having the necessary paperwork, and she has real legal problems.

That would be actual possession. For constructive possession she just has to know the combination (or where the keys are), whether you're dead or not.

Definitely need additional trustees to cover everyone who might handle the time or have constructive possession.

Yes, that is correct and I did not remember it correctly; but the way you explain it is exactly how it was explained to me. THIS is why I am going to hire an attorney to do it instead of using one of those online do-it-yourself services. Like Harry Callahan said: "A man's gotta know his limitations."

ddurkof wrote:A trust is an legal entity, like a corporation, that allows you to NOT have to get a "Chief Law Enforcement Officer" sign off on the Form 1 or Form 4s. The trust is what is purchasing or manufacturing the weapon. The machine gun has to be transferable, so manufactured prior to 1986, and you can buy it.

They are not cheap and eat a great deal of ammo.

Have fun.

I spoke with these guys at the Silencers are Legal event at Elm Fork range in Dallas last Saturday: http://www.guntrustlawyer.com/states/texas/. I spoke with both Dave Goldman and the local Dallas attorney (Darrel L. Clements). Anyway, they offer three packages, with the one that will best serve most users being priced at $499.00. Their trust instruments are set up to be multistate legal, such that their instrument complies with the laws of all states where NFA items are not directly barred by law. This means that if you were to move from say Texas to Colorado, your trust would be Colorado compliant and you would not need to create a new trust instrument. However, if a state has specific laws against a specific type of NFA item (trust or no trust), your trust will not make that item legal in that state.

....at least that's how it was explained to me. Anyway, when I get back from Florida I'm going to start the process, and I'm naming my wife, son, and daughter in law as trustees too. One of the things Darrel Clements told me about is constructive possession with NFA items. If I have given my wife the combination to my safe in which I have an NFA item stored, and then later I die without having her named as a trustee, then the minute she opens my safe after my death she is now in constructive possession of a NFA controlled item without having the necessary paperwork, and she has real legal problems.