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Thread: ADVERTISING MATERIAL: Virginia NFA Trusts

  1. #1
    Administrator John Pierce's Avatar
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    ADVERTISING MATERIAL: Virginia NFA Trusts

    If you or anyone you know (in Virginia) needs an NFA trust, I offer them for a fixed price of $100 billed after the trust documents have been delivered and accepted. If you are not happy with the trust then you do not pay. It's as simple as that.

    There is more information at my website JohnPierceEsq.com

    Email or PM me if you are interested.


    The Law Office of John Pierce, Esq.
    3101 Lee Highway
    Ste. 18/19 # 167
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    john@johnpierceesq.com
    Last edited by John Pierce; 02-07-2014 at 09:52 AM.

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    Moderator / Administrator Grapeshot's Avatar
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    Outstanding!

    For those that do not understand NFA trusts, here are some of the benefits:

    1) The ability to tell your representatives how to properly transfer these assets upon your death;

    2) The ability to transfer assets to children even below the age of 18 at a later time while giving the trustee the ability to look at the child's mental state, physical location, and age in addition to whether the child is legally able to own, possess, or use the firearms;

    3) The ability for the Trustee to refuse assets transfered by will or other means if NFA and state requirements are not complied with;

    4) Requirement to comply with NFA and State laws for transfer of NFA related assets;

    5) The ability to make uneven distributions to heirs to conserve value of assets;

    6) The ability to purchase Title II weapons, without creating a violation of the duties of the trustee;

    7) The ability to use the weapons in the trust without creating liability to the beneficiaries;

    8) The instructions and formalities on how to: manufacture items under a Form 1, how to purchase items correctly under a Form 4, how to properly document and transport Title II firearms with a Form 20.

    9) Protection for yourself and your family from Constructive Possession - a violation of the NFA.

    10) The ability to add others to your trust at a later time and create additional authorized users of the firearms.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  3. #3
    Regular Member zoom6zoom's Avatar
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    Will be in contact soon!

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    Regular Member crossfireltd's Avatar
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    Re: ADVERTISING MATERIAL: Virginia NFA Trusts

    Will also be in contact soon....thanks.

    Sent from my SGH-T989 using Tapatalk 2

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    Dale, you kind of touched on it in the item #8 links to an external source but another thing I like about using an NFA trust in conjunction with the BATF Form 4 to purchase an NFA gun/item is that it removes the local Chief Law Enforcement Officer from the approval loop and exempts you from having to provide fingerprints if you're the trustee (of your NFA trust).

    Certainly best to have these trusts drawn up by an NFA-aware attorney to ensure they are legally valid and your heirs are properly authorized to possess your NFA firearms upon your death. The NFA restrictions are quite tight and the penalty for non-compliance is draconian.

    John's set fee of $100 is more than fair and he's providing a valuable service to VA gun owners interested in owning NFA-restricted firearms as well as firearms estate planning.

  6. #6
    Accomplished Advocate peter nap's Avatar
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    Thanks Bob, Dale and John!

    I'm considering making an SBS. No local LEO signoff is required for that. Aside from passing it along to my heirs, is there any benefit from using the Trust?

    And yes Bob, $100.00 is extremely reasonable for any legal service.

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    Quote Originally Posted by peter nap View Post
    I'm considering making an SBS. No local LEO signoff is required for that. Aside from passing it along to my heirs, is there any benefit from using the Trust?
    I've never shortened the barrel of a shotgun, thus "manufactured" an SBS, so I can't speak from any position of knowledge but I was under the impression that you still had to complete a BATF Form I (NFA manufacturing application) along with your mug shots, fingerprint cards and local CLEO approval signature. And the Form 5330 Compliance Certificate. Oh, yea, and a 200 buck check to Uncle Sam for the 'privilege' of taking a hacksaw to that barrel.

    Unless I've got this wrong, you cannot lawfully make the SBS until after you have the approved BATF Form I in your possession. And to get that (without having an NFA trust in place), you're going to be making an appointment with your local CLEO (can be the DA, Sheriff, Chief of Police, etc. depending on your legal residence) and explain just why you want to "manufacture" one of those nasty NFA firearms.

    Having a solid NFA trust in place means no mug shots, no fingerprinting and no CLEO signature required. And Jane is legally protected if she has inadvertent access to that unsecured NFA firearm while you're out walking the Great Dane.

    Good luck on the project, Peter.

  8. #8
    Regular Member zoom6zoom's Avatar
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    bob is correct. you can't actually perform the modifications until you receive your form and tax stamp back from ATF.
    Any NFA requires a form, including SBR/SBS, which will indeed require CLEO signature for a individual. If you have a trust, or do the paperwork in the name of your corporation or LLC, sign off is not required.

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    Accomplished Advocate peter nap's Avatar
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    Not that there would be any doubt....but I've been getting glowing reports about John's work from people I referred.

    A question's come up that I don't have a clue about though. Can a Trust purchase conventional firearms from a dealer?
    Last edited by peter nap; 09-17-2013 at 04:57 PM.

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    Regular Member t33j's Avatar
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    Quote Originally Posted by peter nap View Post
    Not that there would be any doubt....but I've been getting glowing reports about John's work from people I referred.
    Another very satisified customer here...

    As for the answer to your question, I strongly suspect yes but John would obviously be the one to have the final say.
    Last edited by t33j; 01-18-2014 at 09:30 PM.
    Sic Semper Tyrannis

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    Another satisfied customer also!!! Even though I am 7,806 miles away, John helped me out and was quick and everythng went smooth! Now I am just waiting to get back to VA!
    Thanks again John!!!

  12. #12
    Administrator John Pierce's Avatar
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    You are very welcome sir.

    Travel safely!


    John

    Quote Originally Posted by DocDaddy View Post
    Another satisfied customer also!!! Even though I am 7,806 miles away, John helped me out and was quick and everythng went smooth! Now I am just waiting to get back to VA!
    Thanks again John!!!

  13. #13
    Administrator John Pierce's Avatar
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    Peter,

    Sorry I missed this question earlier.

    Yes. They absolutely can purchase Title 1 firearms from a dealer. However, as a procedural matter what you actually end up doing is filling the 4473 out as if you are the actual buyer and then transferring the item to the trust on a Schedule A or Assignment sheet.

    It is similar to purchasing for a Corporate buyer.


    John

    Quote Originally Posted by peter nap View Post
    Not that there would be any doubt....but I've been getting glowing reports about John's work from people I referred.

    A question's come up that I don't have a clue about though. Can a Trust purchase conventional firearms from a dealer?

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    Another satisfied customer! We also recommended to my husbands coworker and he is also satisfied! He even called us in the evening to make sure he was able to answer any and all questions. Thanks John! It was VERY quick and painless!

  15. #15
    Accomplished Advocate user's Avatar
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    I strongly recommend John Pierce. Anything having to do with wills, trusts, and estate work related to firearms in any way, he's the guy. He can handle work for people all over Virginia because he doesn't actually have to drive to where they are to do this kind of work (unlike myself - since I do litigation, I have to drive to where the courthouse is), so it doesn't matter that he's way the heck down there in Bristol (or as they say on the Tennessee side of town, "Breestol"). John is THE person to call for firearms trusts and the only person to whom I refer clients.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by user View Post
    I strongly recommend John Pierce. Anything having to do with wills, trusts, and estate work related to firearms in any way, he's the guy. He can handle work for people all over Virginia because he doesn't actually have to drive to where they are to do this kind of work (unlike myself - since I do litigation, I have to drive to where the courthouse is), so it doesn't matter that he's way the heck down there in Bristol (or as they say on the Tennessee side of town, "Breestol"). John is THE person to call for firearms trusts and the only person to whom I refer clients.
    Highly recommended from a highly recommended source. That is high praise.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  17. #17
    Regular Member zoom6zoom's Avatar
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    To add another benefit of a trust; trusts, unlike individuals, may use ATF e-forms. Forms submitted under this system are currently being returned many times faster than paper processing. There have been reports of turn around times under 30 days.

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    Quote Originally Posted by John Pierce View Post
    Peter,

    Sorry I missed this question earlier.

    Yes. They absolutely can purchase Title 1 firearms from a dealer. However, as a procedural matter what you actually end up doing is filling the 4473 out as if you are the actual buyer and then transferring the item to the trust on a Schedule A or Assignment sheet.

    It is similar to purchasing for a Corporate buyer.


    John
    So then we would no longer own the firearm? Are the serial numbers logged ? What are the disadvantages to transferring ownership of firearms to the trust?

    Sent from my SAMSUNG-SM-N915A using Tapatalk

  19. #19
    Regular Member wrearick's Avatar
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    I don't own any NFA firearms and don't foresee one in the future, but I have been thinking about a trust to ensure certain conventional firearms stay in the family and to the folks I want them to go to. For example a Remington 700 7mm Rem Mag rifle that my father in law left to me with the stipulation that it go to my daughter (his only grandchild) when I was done with it. My brother in law who lives in California would like to "borrow" it for a while. How can I make sure that in the event something happens to him the gun is sure to come back to Virginia to my daughter and not get tied up by California gun laws? Would a "regular" (non-NFA) trust be the way to go?

  20. #20
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by wrearick View Post
    I don't own any NFA firearms and don't foresee one in the future, but I have been thinking about a trust to ensure certain conventional firearms stay in the family and to the folks I want them to go to. For example a Remington 700 7mm Rem Mag rifle that my father in law left to me with the stipulation that it go to my daughter (his only grandchild) when I was done with it. My brother in law who lives in California would like to "borrow" it for a while. How can I make sure that in the event something happens to him the gun is sure to come back to Virginia to my daughter and not get tied up by California gun laws? Would a "regular" (non-NFA) trust be the way to go?
    I am reminded of the old adage, "Neither a lender or a borrower be."

    Want to lose a friend or create strife within a family? Lend someone something special, with the understanding that you get it back when you ask AND in the same condition.

    I think the point of a trust is to able to transfer possession w/o the normal legal entanglements, not necessarily to facilitate the willingness of the member to cooperate.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  21. #21
    Regular Member zoom6zoom's Avatar
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    With the imposition of new NFA rules in July, the Trust situation has changed a bit but it's still a good idea for many reasons.
    With 41F in effect, individuals are no longer required to get a sign off from local CLEO, just send a notification form.
    The new rules actually put more requirements on Trusts. The CLEO notification is required, and photos and prints of "responsible persons" on the Trust need to be submitted. While this may seem to be a good reason to forego use of a Trust, many of the reasons for using one remain.
    -Trustees can have possession of Trust assets.
    -In the event something happens to the Grantor of the Trust, there's someone who can legally handle and transfer items.
    just to list two. If you have questions John is great at answering them for you.

    Even during a busy time for him, John got my Trust done and returned to me extremely quickly. I can't recommend his services highly enough.

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