A Trustee is the responsible person you put in charge of your stuff to make sure everything is done right. In the case of an NFA trust, this means that this person would have equal access to you, as the original Trustee and creator of the trust, to manage/transport/sell/use/etc. the trust property or NFA items.
How many Trustees can I have on a gun trust?
As many as you would like, though they should all be trustworthy individuals and free of any prohibiting gun ownership issues.
What can happen if someone has an item which is not registered to him or her OR what can happen I can accidentally "transfer" my NFA item to someone who is not a registered user?
Violators may be fined not more than $250,000, and imprisoned not more than 10 years, or both. In addition, any vessel, vehicle or aircraft used to transport, conceal or possess an unregistered NFA firearm is subject to seizure and forfeiture, as is the weapon itself. [49 U.S.C 781-788, 26 U.S.C. 5861 and 5872]
Who can be a Trustee?
Any adult
over the age of 21 who is not a prohibited person can be a co-trustee on a gun
trust. However, since the individual will have present possessory rights to the
property, it is recommended that only trusted family members or close
associates be appointed co-trustees. A co-trustee can legally operate, store or
travel with any NFA item without paying a transfer tax.
The Gun
Control Act (GCA) makes it unlawful for certain categories of persons to ship,
transport, receive, or possess firearms. Transfers of firearms
to any such prohibited persons are also unlawful. 18 USC 922(d).
Who is a Prohibited Person?
Prohibited persons includes anyone:
The Arms Export Control Act (AECA) prohibits the issuance of licenses to persons who have been convicted of:
Can I add or delete Trustees later on?
Who is a Prohibited Person?
Prohibited persons includes anyone:
- convicted of a crime punishable by imprisonment for a term exceeding one year;
- who is a fugitive from justice;
- who is an unlawful user of or addicted to any controlled substance;
- who has been adjudicated as a mental defective or has been committed to any mental institution;
- who is an illegal alien;
- who has been discharged from the military under dishonorable conditions;
- who has renounced his or her United States citizenship;
- who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or who has been convicted of a misdemeanor crime of domestic violence (enacted by the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective September 30, 1996). 18 USC 922(g) and (n).
The Arms Export Control Act (AECA) prohibits the issuance of licenses to persons who have been convicted of:
- Section 38 of the AECA, 22 USC 2778;
- Section 11 of the Export Administration Act of 1979, 60 USC App. 2410;
- Sections 7903, 794, or 798 of Title 18, USC, relating to espionage involving defense or classified information;
- Section 16 of the Trading with the Enemy Act, 50 USC App. 16;
- Section 30A of the Securities Exchange Act of 1934, 15 USC 78dd-1, or section 104 of the Foreign Corrupt Practices Act, 15 USC 78dd-2;
- Chapter 105 of Title 18, USC, relating to sabotage;
- Section 4(b) of the Internal Security Act of 1950, 50 USC 783(b), relating to communication of classified information;
- Sections 57, 92, 101, 104, 222, 224, 225, or 226 of the Atomic Energy Act of 1954, 42 USC 2077 2122, 2131, 2234, 2272, 2275, and 2276;
- Section 601 of the National Security Act of 1947, 50 USC 421, relating to the protection of the identity of undercover intelligence officers, agents, and other sources;
- Section 371 of Title 17, USC, when it involves conspiracy to violate any of the above statutes; and
- International Emergency Economic Powers Act, 50 USC 1702 and 1705.
Can I add or delete Trustees later on?
Yes. My trusts are drafted so that each has an addendum immediately
following the trust, which will be signed and notarized at the same time,
authorizing additional co-trustees to the Trust. This makes it easier to add or
remove trustees down the road as circumstances dictate without changing the
text of the body of the trust.
All
of these changes should be done to the document on a computer, and then printed
out as an updated addendum. If you would like to add someone, simply add their
name to the list of Co-Trustees and have them sign acknowledging their
acceptance as a non-prohibited person capable of legally owning an NFA item. If
you need to remove someone, remove their name and have the current co-Trustees
sign the updated copy. You will also want to adjust your Trust Certificate
accordingly so that it reflects the accurate makeup of the current Trustees.
Once you are finished, destroy the old/void copies of the addendum and
Trust Certificate.
