Friday, August 21, 2015

Interesting Problem

A friend in Nevada is on the way out, and his wife wants to start liberating cash from his guns for the medical bills.  In some ideal world, I would buy them all, and resell them in ?Idaho.  But GCA68 does not allow this.  All the guns in theory should go to an FFL in Nevada, then to an FFL in Idaho, who then does the 4473 so that I can sell them.  Of course, an FFL here could just buy them, but at a miserable price.  Suggestions?

Some of these are likely collector items, like an AR-180,and  a Springfield 1903 match rifle.

UPDATE: You can ship directly to an FFL in another state.

4 comments:

Nosmo King said...

You need an attorney familiar with NFA trusts to verify this, but...I think if an NFA trust were to be created (the "Mr & Mrs X NFA Trust") that incorporated (listed) all the guns (any gun can be in an NFA Trust, not just NFA-regulated ones), AND you were named as a trustee on that NFA Trust, you would be allowed full access and control to the guns in the trust.

I think - but am not sure, so check with a good NFA attorney - that as a named trustee on the Mr & Mrs X NFA Trust you would have the authority to sell assets in the trust (guns) to

Options, at that point:
1) As a trustee you could transport the guns to an Idaho FFL for GCA '68 transfer to you personally;
2)The trust could exist in perpetuity with you as a named trustee, allowing you "controlling possession" of the guns;
3)There might be some way to create a "Clayton Cramer NFA Trust" and have the guns transferred from the "Mr. & Mrs. X NFA Trust to yours.

RE: #2 - I have no idea of the legality of a dollar transfer to Mr & Mrs X associated with this option. Check with a well-skilled NFA attorney.

RE: #1 - An NFA Trust is sufficiently beneficial to gun ownership that it would make sense to establish one for yourself anyway.

I think - but am not sure, so check with a good NFA attorney - that as a named trustee on the Mr & Mrs X NFA Trust you would have the authority to sell assets in the trust (guns) to an individual (such as "Clayton Cramer") via normal FFL/4473 procedures. It might depend on how the trust is structured regarding authority of trustees.

FYI, an NFA Trust can be created with any name - eg., the "Mr & Mrs X NFA Trust", the "Rocket J. Squirrel Trust", the "Processed Metals Preservation Trust", the "Nevada Rural Environmental Trust", etc. Again, see an attorney fluent in NFA trusts.

Will said...

Wasn't the fed law changed/modified by SCOTUS recently that allowed long guns to be sold person-to-person across state lines? Handguns weren't included, IIRC.

Robin said...

C&R license would allow you to receive the collectables.

Also, an out of state resident can ship to an FFL although many FFL will not agree to receive.

carolyn venable said...

If these are all non NFA firearms, in most states it's legal for your local FFL to accept shipment directly from an individual selling privately owned pieces. Here in VA, I do it quite often, my FFL charges me $20 each transfer received, plus $2 for the NCIS "instant" check. "Course, you still have shipping, but I'd think a good FFL would give you a deal on multiple transfers, and I don't know what the controlling statutes may be in your state and hers.
Since many of the arms may predate 1968 acquisition and never were on a 4473, many would be tempted to just take 'em home ! Of course I would never do such a thing even if my late uncle from AL left me the M1 carbine he smuggled back from WWII...