Did the ATF just legalize machine guns for NFA trusts?

[ryan_j 0]

Joshua Prince (Attorney from PA) seems to think so.

 

http://blog.princelaw.com/2014/05/14/did-atfs-determination-on-nics-checks-open-the-door-for-manufacture-of-new-machineguns-for-trusts/

 

It might be interesting. I could set up a trust in another state and legally own something like a Glock 18. Hmm.

 

Of course I can't own it in NJ, but the point is that the ATF may have just opened up a door it didn't intend to. 

[n4p226r 105]

No idea what any of that means

[MidwestPX 172]

Eh...ATF could deny the Form 1s pretty easily (justified or not). Or they can reverse their position (as they've been known to do in the past). I don't think new machineguns made on a Form 1 will be popping up any time soon.

[dman2112 6]

You can't do it in NJ in a gun trust. It has to be NFA capable state to begin with

[ryan_j 0]

You can't do it in NJ in a gun trust. It has to be NFA capable state to begin with

That goes without saying.

[SJG 253]

You can have a gun trust in NJ you just can't have it own NFA weapons.

Also, the reasoning of the author of this article is incorrect. "Therefore, pursuant to 26 U.S.C. 5812 and 5822, an unincorporated trust may lawfully transfer and make machineguns, as it is not a “person” for purposes of the GCA and Section 922 only applies to “persons” as defined by the GCA." The cited statutes have nothing to do with the issue of manufacture of weapons only transfer.

[Crusher 0]

I too don't believe that anything has changed, though I wish it had.

IIRC NJ allows machine guns with the correct permit, but that is the only NFA item NJ has a process for. I'm sure there can only be a couple really old timers who would still have sure as I can't imagine anyone could get such signed today.

Just thinking that IF such were true then there is technically a way in NJ.

[springfieldxds 0]

technically it seems like they did, but i wouldn't put it past the ATF to twist the words around some more to make it mean what they want 

 

ianal

[ryan_j 0]

I am not talking about NJ. Let's say I buy a property in PA and store my MGs on it and go there to shoot when I want. 

[Crusher 0]

I understand. I'll be watching this as well to see if there's a chance. I'm looking forward to moving to free America later this year so this would be helpful for me also.

I sure would love to see someone in NJ use this to their advantage too.

[ryan_j 0]

Yep. Let's see what happens. The ATF may very well turn him down, but he's saying someone may have to sue to get them to obey the law. 

[mikeyboyeee 66]

In fl you can own short battle rifles, suppressor and full auto with NFA stamps already.

http://www.class3classifieds.com/how-to-purchase-a-full-auto-weapon/

[JackDaWack 2,895]

In fl you can own short battle rifles, suppressor and full auto with NFA stamps already. http://www.class3classifieds.com/how-to-purchase-a-full-auto-weapon/

That's not what's being discussed... this is about post NFA machine guns being transferred to trusts.The ATF screwed up and i highly doubt they are going to let this ride.

[mikeyboyeee 66]

My bad

 

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[fishnut 2,358]

So can I form a trust with a PA resident and keep everything at his house in PA?

[mipafox 438]

I am not talking about NJ. Let's say I buy a property in PA and store my MGs on it and go there to shoot when I want. 

You can do that now.

 

I would be cautious of Prince. And he will not get to make his post-86 MG via a non-SOT trust.