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ephv
November 09, 2011, 11:40
I am attempting to navigate the maze of Class III for suppressors. I am going by way of Revocable Trust.

In Georgia, does the trust have to be recorded in the county records to be acceptable to BATF?

In Texas, all you need is to fill out a trust and have it notarized. Send that with the fed paperwork and it is complete.

My question is about Georgia. I have completed the trust statement and had it notarized. Is that sufficient?

I know I must complete the fed forms 1 and 4, etc. but do I have to go to the county records dept and record the trust?

stimpsonjcat
November 09, 2011, 12:48
Nope!

If it is notarized and has legit property in it they will approve.

My RLT is not registered with any state agency.

Has 4 form 1 cans and a sheen-gun on it, plus a ton of other mundane weapons.

ephv
November 09, 2011, 13:05
Thanks a bunch.

If I am purchasing a can, how can I add it to the trust if the BATF has not authorized the transfer? Do I send them the trust form and then add the can ser# when they say OK?

2barearms
November 09, 2011, 14:31
Originally posted by stimpsonjcat
Nope!

If it is notarized and has legit property in it they will approve.

My RLT is not registered with any state agency.

Has 4 form 1 cans and a sheen-gun on it, plus a ton of other mundane weapons.

Is there a reason to put non-NFA firearms in your trust?

stimpsonjcat
November 10, 2011, 21:00
To be legit (at least in the BATFe's eyes), the trust must contain property before it is submitted to them.

I saw no reason not to go ahead and put all the firearms I mean for Jess to have someday in there before submitting my first form1. The trust skips probate and has detailed instructions, so I see no reason not to use it for this purpose.

Some folks have just put money in there. I think BATFe has been a little harder on trusts they feel folks are setting up ONLY to make cans and SBRs. Legally I am not sure they can do that, but...

When you first submit, the can or SBR or sheen-gun can't be in the trust, as it hasn't been approved yet, so put something else in there. Once you get approval and the tube exists, you fill out an assignment of property showing the can is now in the trust, and get it notarized, simple.

ephv
November 11, 2011, 08:13
Thanks Stimpy- That is the same advice I received through an attorney.:bow:

gunsmoke
November 11, 2011, 23:50
Under English Common Law regeime a trust is not a trust until it is "funded" so the ATF is just following the Common Law Regeime nothing more. If a new trust fund it with $100 cash and a $10 or less gun.

A Trust can be either a private act or a public act I know of no Jurisdiction that requires a trust to be by Public Act, that is usually only done when ther is a good reason to record it