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  • buc378

    Member
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    Nov 7, 2010
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    i would like to start a gun trust ,but would like to know a price please.trust + attorneys fee's ,a complete package done.i realize this can very.can some one please give me a price for this.again i realize its not in stone 'but a ball park price as close as possible will help me greatly .thanks ronnie.
     

    CavalryJim

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    On the cheap end, you can download a trust document from the Internet, change the wording as you see fit, and then get it notarized.

    Or you can find a lawyer knowledgeable in gun trusts which will cost around $600 +/-.

    Chances are if you do the cut & paste method, the ATF will approve the transfer and you live happily ever after...but if there is ever a reason for the trust to be questioned, you could be in violation of the National Firearms Act and could end up paying $$$ and doing some hard time.
     
    Last edited:

    bayoutrigger

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    May 21, 2008
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    Alexandria, La.
    I've used the sticky trust forms for two (2) Form 4 machine gun transfers and one (1) Form 1 SBR manufacture. The last Form 4 for my trust was approved in two (2) months.
     

    Nolacopusmc

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    Oct 22, 2008
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    New Orleans, LA
    I've used the sticky trust forms for two (2) Form 4 machine gun transfers and one (1) Form 1 SBR manufacture. The last Form 4 for my trust was approved in two (2) months.

    I am pretty sure if I cut my arm I could stictch it up myself; however, there are some things you just pay for to have done right with tht e peace of mind that all bases were covered by a professional.

    Also, having it done by an actual lawyer provides you with additional legal protection as if there is ever a question about it's validity, you have the lawyer and /or firm to support you since it is their product. It is kinda like doing your own taxes and having them done by an tax preparer. There is an additional layer of legal insulation in that generally speaking, you took the advice of a professional in good faith. Also, most include defense during the audit process should one occur as a benefit of the service.

    Standing up in court and saying "Yeah, but i downloaded it off-line for free" is pretty much a guaranteed guilty.
     

    Tulse Luper

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    Oct 29, 2008
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    Metairie
    I am pretty sure if I cut my arm I could stictch it up myself; however, there are some things you just pay for to have done right with tht e peace of mind that all bases were covered by a professional.

    Also, having it done by an actual lawyer provides you with additional legal protection as if there is ever a question about it's validity, you have the lawyer and /or firm to support you since it is their product. It is kinda like doing your own taxes and having them done by an tax preparer. There is an additional layer of legal insulation in that generally speaking, you took the advice of a professional in good faith. Also, most include defense during the audit process should one occur as a benefit of the service.

    Standing up in court and saying "Yeah, but i downloaded it off-line for free" is pretty much a guaranteed guilty.

    That's my take.

    And here's a whole list of other considerations:

    http://blog.princelaw.com/2009/3/3/can-i-use-quicken-will-and-trust-maker-for-my-gun-nfa-trust
     

    cowdog

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    Mar 1, 2011
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    Some Louisiana specific questions about trusts:
    1) Does the Schedule A also need two witnesses and a notary seal & signature??
    2) Did you send in the entire copy of the trust or just a copy extract of Trust, the Schedule A, and/or Assignment of Property?
    3) Let’s assume everything went well and you now have your suppressor. Do you also need to carry a copy of the Trust with you (trustee or co-trustee) if you are using the suppressor; or just carry the tax stamp for the suppressor?
    4) I see engraving on some of the examples. Must the suppressor be engraved with the trust name? Where does it state that the suppressor must be engraved? Wouldn’t the serial number of the suppressor be listed on the Trust Schedule A; thereby ID-ing the item?

    thanks
     

    DuckYou

    Angry Wiener
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    Oct 9, 2009
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    Baton Rouge, LA
    It is kinda like doing your own taxes and having them done by an tax preparer.

    Having your taxes done by a "tax preparer" is like taking legal advice from a 2nd year law student. They know just enough to get you in trouble. If you are going to pay for your taxes to be done, go to a CPA! If you do not think that a CPA is worth it, then do you own on TurboTax or some other program.
     

    noob

    enthusiast
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    Mar 18, 2008
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    New Orleans
    Some Louisiana specific questions about trusts:
    1) Does the Schedule A also need two witnesses and a notary seal & signature??
    2) Did you send in the entire copy of the trust or just a copy extract of Trust, the Schedule A, and/or Assignment of Property?
    3) Let’s assume everything went well and you now have your suppressor. Do you also need to carry a copy of the Trust with you (trustee or co-trustee) if you are using the suppressor; or just carry the tax stamp for the suppressor?
    4) I see engraving on some of the examples. Must the suppressor be engraved with the trust name? Where does it state that the suppressor must be engraved? Wouldn’t the serial number of the suppressor be listed on the Trust Schedule A; thereby ID-ing the item?

    thanks

    1) no, the Trust is notarized but not the Schedule A, i change mine all the time
    2) actually, i do send the Declaration as well as the Certification of Trust now, b/c that's what my examiner wants, w/ the Schedule A and the State registration forms
    3) i carry a copy of the Stamp, not the Trust
    4) you do not engrave the Suppressor unless you are the Manufacturer and did it on a Form 1, on a Form 4, you're fine.
     

    cowdog

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    Mar 1, 2011
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    Thanks.
    I've worked up a Declaration that will work.
    Explain the Certification of Trust please.
    I was going to get the Declaration and Schedule A witnessed and notorized next week; with certified true copies to work with/send off. I thought that was all that I would need to get started on this journey.
    Does the BATF return the certified copy of your trust with the approval/stamp?

    Thanks
     

    Nolacopusmc

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    Oct 22, 2008
    8,348
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    New Orleans, LA
    Having your taxes done by a "tax preparer" is like taking legal advice from a 2nd year law student. They know just enough to get you in trouble. If you are going to pay for your taxes to be done, go to a CPA! If you do not think that a CPA is worth it, then do you own on TurboTax or some other program.


    Fair enough. I used the wrong word. CPA=attorney when it comes to trusts.
     

    slogoat

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    Jun 29, 2007
    954
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    Lake Charles
    Thanks.
    I've worked up a Declaration that will work.
    Explain the Certification of Trust please.
    I was going to get the Declaration and Schedule A witnessed and notorized next week; with certified true copies to work with/send off. I thought that was all that I would need to get started on this journey.
    Does the BATF return the certified copy of your trust with the approval/stamp?

    Thanks


    Someone correct me if I'm wrong, but I believe you should be sending a copy of the trust, not the original. I was told they will just shred the trust afterwards, IIRC.
     

    noob

    enthusiast
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    Mar 18, 2008
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    New Orleans
    Someone correct me if I'm wrong, but I believe you should be sending a copy of the trust, not the original. I was told they will just shred the trust afterwards, IIRC.

    yes, you're correct, it's a copy, i wouldn't send them what was notarized.

    i'm no lawyer or anything, i just know that my examiner required a Certification of Trust, so my lawyer who drew up the Trust, also wrote up a Certification of Trust for me and I signed it and it was notarized just like the Declaration. The Certification of Trust to me looks like a condensed version of the Declaration and I believe it can actually stand in place of the Declaration should you need to provide documentation. So I believe I only need to send in the Certification and not the entire Declaration. But to be on the safe side, i send it all in now b/c i don't want my Form 1's to get kicked back. heck, it's only paper.
     

    bayoutrigger

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    May 21, 2008
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    Alexandria, La.
    Best practice on the issue of what to send ATF: Have the original trust document recorded in the conveyance records of the parish listed for the address of the trustee. Then have the clerk of court make two copies of the recorded trust document certified in accordance with the acts of congress each time you send in a stamp application. Use these certified copies as the 2 copies of your trust you send in with your stamp application.
     

    titleguy

    Active Member
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    Sep 29, 2010
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    Best practice on the issue of what to send ATF: Have the original trust document recorded in the conveyance records of the parish listed for the address of the trustee. Then have the clerk of court make two copies of the recorded trust document certified in accordance with the acts of congress each time you send in a stamp application. Use these certified copies as the 2 copies of your trust you send in with your stamp application.

    I disagree with this advice. There is absolutely no reason to file a trust in the conveyance records of the parish unless you intend to hold immovable property (real estate) in the trust, nor does it provide you any additional protection. Filing the trust and obtaining certified copies out of the conveyance records will only cost you money.

    I am a licensed Louisiana attorney, but this does not constitute legal advice nor form any attorney client privilege to or with any reader. Prior to taking this as gospel, consult your retained attorney.
     

    Nolacopusmc

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    66   0   0
    Oct 22, 2008
    8,348
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    New Orleans, LA
    Best practice on the issue of what to send ATF: Have the original trust document recorded in the conveyance records of the parish listed for the address of the trustee. Then have the clerk of court make two copies of the recorded trust document certified in accordance with the acts of congress each time you send in a stamp application. Use these certified copies as the 2 copies of your trust you send in with your stamp application.

    WTF?

    I sent in two zeroxed copies of mine and all worked out well.
     

    yamatitan

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    Mar 27, 2009
    1,018
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    Prairieville, LA
    I disagree with this advice. There is absolutely no reason to file a trust in the conveyance records of the parish unless you intend to hold immovable property (real estate) in the trust, nor does it provide you any additional protection. Filing the trust and obtaining certified copies out of the conveyance records will only cost you money.

    I am a licensed Louisiana attorney, but this does not constitute legal advice nor form any attorney client privilege to or with any reader. Prior to taking this as gospel, consult your retained attorney.

    Morgan Allison gave me the same advice when he did mine. So now we have it from two attorneys mouths. He actually said pretty much the same words.
     
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