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Discussion Starter #1
Ok, help me out! I get conflicting info on this. Do I send a Blank Assignment sheet with my form 4's or do I need to list the suppressors on the assignment sheet and send in with the form 4's? I have been told both. What:rangeglasses:is the right way to do it so it does not get kicked back?
 

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Discussion Starter #3
My trust attorney said to list the suppressors i want approval for on the assignement sheet and send with form 4.He says since I bought them for the trust the trust owns them but I am waiting for atf approval, My dealer says the examiner for us wants it blank. Now I am confused. Wonder if I should have dealer call examiner again?
 

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As I said your attorney is giving you good advice:). Screw the dealer!

My trust attorney said to list the suppressors i want approval for on the assignement sheet and send with form 4.He says since I bought them for the trust the trust owns them but I am waiting for atf approval, My dealer says the examiner for us wants it blank. Now I am confused. Wonder if I should have dealer call examiner again?



BBG-
 

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My attorney told me to only have items that I physically possess on the schedule A.
However, I suggest you go with information provided you by your attorney. That way if the need ever arises you have him to back you up.


Sent from my iPhone since my tin-foil hat prevents psychokinesis.
 

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I transferred a physical $1.00 bill with the serial number on my schedule A to make the trust "live". Then I filed it with just the $1.00 bill. I'm not sure if your "assignment sheet" is the same as a schedule A. Perhaps this is what schedule A stands for?

I was told not to put the NFA item(s) on it until they were approved/transferred. When you enter something on the schedule A this transfers the object to the trust. If you're NFA item hasn't been approved to be transferred to the trust how can you enter it in the schedule A?

My 3 forms were approved.

I am not a lawyer so take the above comments at your own risk.
 

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The ATF will approve either way as technically neither is incorrect. Legally speaking the items aren't added to the trust just because you put them on the schedule. They are only added to the trust legally speaking once the form and stamp are approved and received-then the schedule becomes part of the binding trust itself.


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The trust does not own anything in the NFA arena unless it has been approved by the NFA branch and you have the stamp (approved form 1, 4, or whatever). Nothing gets added to the schedule A unless it has been approved for transfer to the trust and you have a stamp for it (if it is a NFA item). When you initiate your trust, you have to have something of some value in it to "activate" it (make it a legal entity). Put a $1 or $10 bill with serial number on the Schedule A. Once you get the approved Form 1 or 4 or whatever, you can add the NFA item to the schedule A at that time. If you purchase another NFA item after that and apply for the stamp, you can only add the new NFA item to the schedule A after the NFA branch approves the transfer and you have the new stamp in your possession.

You are talking about your assignment sheet, which is the Schedule A. I use a Schedule A for the trust that holds the NFA items.

I recently received approval for three cans for the trust. I did not add the cans to the trust (Schedule A) until AFTER I received the NFA transfer stamp.
I had a corp that had a can and a SBR. I transferred them to my trust. I did not add the can or SBR to the trust (Schedule A) until AFTER I received the NFA transfer stamp.

How can your Trust own a NFA item on the assignment sheet (Schedule A) if it has not been approved for transfer to the Trust by the NFA branch?

I am not a lawyer either but this is how my NFA items were approved for transfer to the Schedule A on the Trust. They were transfers from a Class 3 FFL to the Trust, and transfers from a Corporation to a Trust.
 

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I guess I'm confused now. I just had a lawyer set up a trust for me! Just picked it up yesterday and he told me to put the item on my schedule A before I send it in. Like BBG said, both ways are probably fine.
 

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HK SD9 - I followed all of the advice that you gave me way back. Maybe even had my trust done by the same place. No issues, everything went well to the T!
 

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MY Trust Attorney has always had me file the Assignment Sheet with the item I was requesting the stamp for listed on the sheet with copies of the Trust paperwork and Form 4. Has worked or me.
 

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Discussion Starter #15
It seems there is 2 schools of though on this. Maybe both work. The gun trust lawyer says to list it on the schedule or assignment sheet and submit it. My dealer says the examiner in my area wants it blank. I am going to see if we can call the examiner and see for sure and also why he wants it blank when my trust lawyer says to fill it out and submit it. It looks like guys have done it both ways sucessfully, I just want to make sure that the way I do it is the legal way.
 

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Ok, help me out! I get conflicting info on this. Do I send a Blank Assignment sheet with my form 4's or do I need to list the suppressors on the assignment sheet and send in with the form 4's? I have been told both. What:rangeglasses:is the right way to do it so it does not get kicked back?
Trust your attorney. YES you need to put the NFA items that you just bought and are requesting a tax stamp for on the assignment sheet........That is a 100% no questions asked fact. Absolutely have to do that....Here's the thing though.....If next month you purchased another suppressor and are doing another form 4, do not put all of your previous NFA items on the assignment sheet. This is perfectly legal and in your type of trust with an "assignment sheet" as opposed to a trust that uses "schedule A's" you don't need disclose all the trust assets to the ATF. Assignments in my opinion are better since you only need to disclose what you are applying to get a tax stamp on in that one instance. Though as your lawyer has probably told you...you also need to have a master assignment sheet with all the trust assets. i.e. One assignment sheet with all the NFA items, and whatever else is in your trust. I like the way David Goldman designed his NFA trusts with assignments. In my case I use a trust and assignment sheets. I have a rather large collection of firearms and other things in the trust and don't want to share that information with my C3 dealer....Not to sound like a jerk, but if I had the entire list I'd imagine my C3 dealer would probably ask if I wanted to sell certain things or want to charge me more in the future....Completed assignment sheets per requested stamp transactions prevent that awkwardness.
 

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It seems there is 2 schools of though on this. Maybe both work. The gun trust lawyer says to list it on the schedule or assignment sheet and submit it. My dealer says the examiner in my area wants it blank. I am going to see if we can call the examiner and see for sure and also why he wants it blank when my trust lawyer says to fill it out and submit it. It looks like guys have done it both ways sucessfully, I just want to make sure that the way I do it is the legal way.
Let me make this simple for you....if you got your trust from guntrustlawyer.com you DO NOT use schedule A's....it is confusing to a lot of people who have other trusts since they all use "Schedule A's, but you do not use them....Call your lawyer up and he/she will explain the same thing. If your trust was setup by guntrustlawyer.com it's not like other trusts. Thats why you payed XXX for it and didn't print one from some online website.
 

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Discussion Starter #18 (Edited)
Ok Justin, So in your opinion I should do it the way Atty.Dave Goldman says to do it. Even if my examiner says to leave the form blank. Do you think my examiner would reject my paperwork or say that doing it that way was illegal? How hard is it to get into contact with an examiner that handles my area? I dont want to slow this snail process down anymore or do anything improper. I did you guntrust lawyer.com (Dave Goldman) and I use assignment sheets.

Would you not put it on a Schedule A if that is what you use? Maybe thats the difference? Some use assignments and some schedules and maybe one you include the info on the assignment for approval and schedule A's you leave it off to after approval???? Just wondering if thats the difference?
 

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Also your attorney should have told you to setup a bank account for your trust. If you are the grantor of the trust make sure to record all trust activity and NEVER use your money to buy items or pay for ATF fees. This is what keeps you and your trust separated. I am currently the grantor and take my position with this very seriously since I and the other trustee's want to pass the assets to other generations after we are gone.
 
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