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Gun trust
Posted: Sun Nov 22, 2015 10:34 pm
by Rayden
I did a search here but didn't see anything relevant come up. Anyone has recommendations of the best route to get a gun trust set up? Lawyers? Online? The reason for the trust is just to make acquiring a SBR and suppressors less of a hassle than doing it individually. I am planning on starting a SBR build soon. Thanks!
Re: Gun trust
Posted: Sun Nov 22, 2015 11:24 pm
by The Annoyed Man
I used a lawyer - Toronjo & Prosser - to set up a multigenerational trust. It was $300 or so. Can you do it for less? Yes, you can, particularly with one of those DYI outfits. But......
- Since I am neither a lawyer nor did I play one on TV, and
- In accordance with the dictum that a lawyer who represents himself has a fool for a client, and
- Knowing that my taxes will pay for my own prosecution if I don't get it right, and
- A $300 legal fee beats a $100,000 legal defense and a 10 year federal sentence.......
.....I wasn't going to quibble over trying to save $50-$100.
http://www.t-plaw.com/nfa-trusts.html
Re: Gun trust
Posted: Sun Nov 22, 2015 11:49 pm
by Rayden
Thanks. I am in Houston but I guess these can be done while corresponding by phone and email and no face to face needed?
The Annoyed Man wrote:I used a lawyer - Toronjo & Prosser - to set up a multigenerational trust. It was $300 or so. Can you do it for less? Yes, you can, particularly with one of those DYI outfits. But......
- Since I am neither a lawyer nor did I play one on TV, and
- In accordance with the dictum that a lawyer who represents himself has a fool for a client, and
- Knowing that my taxes will pay for my own prosecution if I don't get it right, and
- A $300 legal fee beats a $100,000 legal defense and a 10 year federal sentence.......
.....I wasn't going to quibble over trying to save $50-$100.
http://www.t-plaw.com/nfa-trusts.html
Re: Gun trust
Posted: Mon Nov 23, 2015 12:18 am
by RSJ
As a lawyer I must say, some of what the gun shops are "selling" is crap. Would you trust your car mechanic for medical advice? Of course not. Gun shop staff doesn't equal lawyer. If I had more time, I'd report them all to the unauthorized practice of law committee.
Anyways, I would recommend an attorney. Sean Cody is probably the best in TX. He's in the Houston area IIRC.
Re: Gun trust
Posted: Mon Nov 23, 2015 12:56 am
by ScottDLS
I have two corporate entities. One Texas corporation and one LLC. I had intended to use them for some business ventures that have not yet materialized. All my NFA stuff is in my own name as I bought it when my county sheriff would sign the form 4's. New one won't. Corporate entities can be even more flexible than trusts, though they require a small bit of paperwork yearly. I'll use my LLC for any more NFA stuff as I can appoint family members officers an authorize them to use/store the NFA stuff owned by the company. Trusts are somewhat new on the NFA scene, but corporations have been used by people for years. Word is the Administration is going to shut down the trust/corp route for getting around CLEO signoff. They were supposed to do it this June, but now target is 12/15. These "trust in a box" docs are probably just as good as your local "abogado" is going to draw up. The gun shops are no more practicing law than Intuit is by making WillMaker Pro. I had my corporate entities created by a Harvard Law graduate with over 50 years licensed/ practicing corporate law in three states (including Texas). He said I might just as easily have used Nolo Press, but since we're related he did it for free. I won't do brain surgery on myself, but I can brush my teeth without a visit to a DDS.
Re: Gun trust
Posted: Mon Nov 23, 2015 1:24 am
by The Annoyed Man
Rayden wrote:Thanks. I am in Houston but I guess these can be done while corresponding by phone and email and no face to face needed?
Yes, I did mine by phone with them. I did eventually go to their offices, but it was for an unrelated estate matter. But the gun trust was handled entirely by phone and email.
Re: Gun trust
Posted: Mon Nov 23, 2015 7:59 am
by RSJ
AndyC wrote:RSJ wrote:As a lawyer I must say, some of what the gun shops are "selling" is crap. Would you trust your car mechanic for medical advice? Of course not. Gun shop staff doesn't equal lawyer.
I can only speak for the silencershop form I used, so I have a few questions for you:
1. How do you know it's crap? Have you read it?
Because I've seen approximately 10-15 different "kinds" of trusts. Some stores are using a substantially similar version to the legal zoom version, which is crap.
2. Do you have any proof that they are not using an attorney, or are you simply blowing smoke?
This NFA Gun Trust form was specifically designed by a gun trust lawyer to work for NFA items, such as suppressors - and to be a legal trust in all 50 states.
Yes. Having an attorney draft a boilerplate document that "works for everyone" then telling each individual at the gun store how to tailor it to their need IS unauthorized practice of law in Texas
3. How would you respond to this part they mention on the same page?
As mentioned previously, if you prefer to work with a lawyer, please check out our lawyer referral page.
I'm sure most people are happy with whatever site this is on
Seems to me like they're happy either way folks go, so I'm not entirely sure what your problem is.
RSJ wrote:If I had more time, I'd report them all to the unauthorized practice of law committee.
Then make time.
I'm prosecuting people, as soon as I decide to enter private practice I may start.
Re: Gun trust
Posted: Mon Nov 23, 2015 10:28 am
by Javier730
RSJ wrote:AndyC wrote:RSJ wrote:As a lawyer I must say, some of what the gun shops are "selling" is crap. Would you trust your car mechanic for medical advice? Of course not. Gun shop staff doesn't equal lawyer.
I can only speak for the silencershop form I used, so I have a few questions for you:
1. How do you know it's crap? Have you read it?
Because I've seen approximately 10-15 different "kinds" of trusts. Some stores are using a substantially similar version to the legal zoom version, which is crap.
2. Do you have any proof that they are not using an attorney, or are you simply blowing smoke?
This NFA Gun Trust form was specifically designed by a gun trust lawyer to work for NFA items, such as suppressors - and to be a legal trust in all 50 states.
Yes. Having an attorney draft a boilerplate document that "works for everyone" then telling each individual at the gun store how to tailor it to their need IS unauthorized practice of law in Texas
3. How would you respond to this part they mention on the same page?
As mentioned previously, if you prefer to work with a lawyer, please check out our lawyer referral page.
I'm sure most people are happy with whatever site this is on
Seems to me like they're happy either way folks go, so I'm not entirely sure what your problem is.
RSJ wrote:If I had more time, I'd report them all to the unauthorized practice of law committee.
Then make time.
I'm prosecuting people, as soon as I decide to enter private practice I may start.
It is not illegal in Texas to give legal advice. It is only illegal when some who is not a licensed attorney gives counsel and gets compensated for it.
Re: Gun trust
Posted: Mon Nov 23, 2015 11:15 am
by Distinguished Rick
AndyC wrote:I got mine through silencershop.com ($130) in late May, all done online in less than 15 minutes. It works - I used it to apply for a home-built suppressor in early June which was approved 4 months later.
http://www.silencershop.com/services.html
Same here. Fast, easy, and cheap.
Re: Gun trust
Posted: Mon Nov 23, 2015 5:05 pm
by winters
RSJ wrote:As a lawyer I must say, some of what the gun shops are "selling" is crap. Would you trust your car mechanic for medical advice? Of course not. Gun shop staff doesn't equal lawyer. If I had more time, I'd report them all to the unauthorized practice of law committee.
Anyways, I would recommend an attorney. Sean Cody is probably the best in TX. He's in the Houston area IIRC.
yup you get what you pay for. I got mine through Sean Cody he is very well known firearms attorney. He also is a gun dealer with class 3 license last time i checked.I have even called him just to ask some questions after getting my trust so he also does some after sale support. He has a nice safe full of cool goodies if you visit him in person.
Ask Sean what he thinks about these gunshops and their trusts. He doesn't think highly of them.
Besides do you want to risk federal jail time over a few hundred dollars?
Re: Gun trust
Posted: Mon Nov 23, 2015 6:13 pm
by Charles L. Cotton
winters wrote:RSJ wrote:As a lawyer I must say, some of what the gun shops are "selling" is crap. Would you trust your car mechanic for medical advice? Of course not. Gun shop staff doesn't equal lawyer. If I had more time, I'd report them all to the unauthorized practice of law committee.
Anyways, I would recommend an attorney. Sean Cody is probably the best in TX. He's in the Houston area IIRC.
yup you get what you pay for. I got mine through Sean Cody he is very well known firearms attorney. He also is a gun dealer with class 3 license last time i checked.I have even called him just to ask some questions after getting my trust so he also does some after sale support. He has a nice safe full of cool goodies if you visit him in person.
Ask Sean what he thinks about these gunshops and their trusts. He doesn't think highly of them.
Besides do you want to risk federal jail time over a few hundred dollars?
Is Sean still charging $750 for a trust?
Chas.
Re: Gun trust
Posted: Mon Nov 23, 2015 9:30 pm
by winters
I have no idea how much he charges now. I paid around 350 for mine about 5 years ago.
Re: Gun trust
Posted: Mon Nov 23, 2015 10:29 pm
by Syntyr
http://www.texasguntrust.com/
Here in Houston. Fellow gun enthusiast!