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Rifles, Reloading, Optics, Equipment
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Suppressor purchasing process advice
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<blockquote data-quote="Munch" data-source="post: 2745603" data-attributes="member: 36823"><p>As I learned through the decades, there are a lot of nuances to the NFA. And regulatory interpretation seems to change with the tides.</p><p></p><p>Regrettably, under the present administration, we are seeing regulations being written in the most vague manner, leaving interpretation at the discretion of the BATFE agent. </p><p></p><p>One phrase that is cited in NFA is "contiguous property". How and when that phrase can and will be applied is not so apparent regarding individuals using "borrowed" devices and where you are located on the property. So where you have to be relative to the "loaned" NFA device will be up to the agent you encounter. </p><p></p><p>However, named responsible individuals (RIs) in the trust do not "borrow" the devices. They are free to use the devices at their leisure. Further, there is no legal requirement for RI's to gain permission prior to use or inform the trustee of their use unless so stipulated in the NFA trust documents.</p><p></p><p>Responsible individuals listed in your trust will be subjected to the very same NFA Branch scrutiny the trustee is put through every time you add an NFA device to the trust.</p><p></p><p>Named responsible individuals will be permitted by NFA regulations to possess all NFA devices listed in the trust without the trustee being present. At the federal level, this is a non-issue. But at some state and local levels, it can be a huge legal issue, potentially involving criminality. Why it is imperative, in my opinion, to retain a good attorney to not only write your trust but inform you of the legalities at your state and local jurisdiction(s); especially when it comes to responsible individuals using NFA devices listed in the trust.</p><p></p><p>Absent a trust with named responsible individuals, you will never be able to "loan" an NFA device to anyone unless you are in the "immediate vicinity". Again, another ambiguous term left up to the interpretation of a BATFE agent. In my experience, ranges that allow members/guests to use an NFA device always have an employee/member who is a responsible individual very close to the person using the NFA device. These are generally businesses/clubs holding an FFL/SOT with named responsible individuals just like a trust.</p></blockquote><p></p>
[QUOTE="Munch, post: 2745603, member: 36823"] As I learned through the decades, there are a lot of nuances to the NFA. And regulatory interpretation seems to change with the tides. Regrettably, under the present administration, we are seeing regulations being written in the most vague manner, leaving interpretation at the discretion of the BATFE agent. One phrase that is cited in NFA is "contiguous property". How and when that phrase can and will be applied is not so apparent regarding individuals using "borrowed" devices and where you are located on the property. So where you have to be relative to the "loaned" NFA device will be up to the agent you encounter. However, named responsible individuals (RIs) in the trust do not "borrow" the devices. They are free to use the devices at their leisure. Further, there is no legal requirement for RI's to gain permission prior to use or inform the trustee of their use unless so stipulated in the NFA trust documents. Responsible individuals listed in your trust will be subjected to the very same NFA Branch scrutiny the trustee is put through every time you add an NFA device to the trust. Named responsible individuals will be permitted by NFA regulations to possess all NFA devices listed in the trust without the trustee being present. At the federal level, this is a non-issue. But at some state and local levels, it can be a huge legal issue, potentially involving criminality. Why it is imperative, in my opinion, to retain a good attorney to not only write your trust but inform you of the legalities at your state and local jurisdiction(s); especially when it comes to responsible individuals using NFA devices listed in the trust. Absent a trust with named responsible individuals, you will never be able to "loan" an NFA device to anyone unless you are in the "immediate vicinity". Again, another ambiguous term left up to the interpretation of a BATFE agent. In my experience, ranges that allow members/guests to use an NFA device always have an employee/member who is a responsible individual very close to the person using the NFA device. These are generally businesses/clubs holding an FFL/SOT with named responsible individuals just like a trust. [/QUOTE]
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