Current law for sale of an AR

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Re: Current law for sale of an AR

Postby brad3579 on Wed Feb 28, 2018 3:21 pm

What would happen if all guns were in a trust?
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Re: Current law for sale of an AR

Postby ex-LT on Wed Feb 28, 2018 3:31 pm

Squib Joe wrote:
ex-LT wrote:As a private party, you can sell any non-NFA gun to anyone you want to, as long as they are at least 18 years old. There is no requirement for them to prove they are eligible to own/possess a firearm.


No, not quite. They need to live in the same state. And although you aren't required to perform a background check on the buyer, it could be illegal to complete the sale if you had personal knowledge of a factor that would disqualify them from ownership. Yes, it would be hard to prove, but there are people in prison for it without a doubt. ( 18 U.S. Code § 922 (d) )

Thanks for the correction. I just assumed he understood the seller and purchaser must both be residents of the same state.
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Re: Current law for sale of an AR

Postby Holland&Holland on Wed Feb 28, 2018 3:59 pm

brad3579 wrote:What would happen if all guns were in a trust?

Can you be part of a gun trust if you are not 18?
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Re: Current law for sale of an AR

Postby brad3579 on Wed Feb 28, 2018 9:49 pm

Holland&Holland wrote:
brad3579 wrote:What would happen if all guns were in a trust?

Can you be part of a gun trust if you are not 18?

I would have to talk to Ben to be sure but found this on another attorneys web site.

2. Can my infant son or daughter be a beneficiary of a Gun (NFA) Trust? Yes, provided that the trust document properly handles this situation. The trust can be designed so that either (1) the trust will continue to hold the firearm(s) until the beneficiary reaches a specified age of at least 18 years of age or (2) until the child is at least 18 years of age and the trustee makes an independent determination that the child is of the correct moral character and sophistication to understand the personal and legal obligations of ownership.
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Re: Current law for sale of an AR

Postby Holland&Holland on Wed Feb 28, 2018 10:18 pm

brad3579 wrote:
Holland&Holland wrote:
brad3579 wrote:What would happen if all guns were in a trust?

Can you be part of a gun trust if you are not 18?

I would have to talk to Ben to be sure but found this on another attorneys web site.

2. Can my infant son or daughter be a beneficiary of a Gun (NFA) Trust? Yes, provided that the trust document properly handles this situation. The trust can be designed so that either (1) the trust will continue to hold the firearm(s) until the beneficiary reaches a specified age of at least 18 years of age or (2) until the child is at least 18 years of age and the trustee makes an independent determination that the child is of the correct moral character and sophistication to understand the personal and legal obligations of ownership.


So no then. A beneficiary is different than being a trustee and it looks like not until 18.
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Re: Current law for sale of an AR

Postby brad3579 on Wed Feb 28, 2018 10:46 pm

Holland&Holland wrote:
brad3579 wrote:
Holland&Holland wrote:Can you be part of a gun trust if you are not 18?

I would have to talk to Ben to be sure but found this on another attorneys web site.

2. Can my infant son or daughter be a beneficiary of a Gun (NFA) Trust? Yes, provided that the trust document properly handles this situation. The trust can be designed so that either (1) the trust will continue to hold the firearm(s) until the beneficiary reaches a specified age of at least 18 years of age or (2) until the child is at least 18 years of age and the trustee makes an independent determination that the child is of the correct moral character and sophistication to understand the personal and legal obligations of ownership.


So no then. A beneficiary is different than being a trustee and it looks like not until 18.

You never asked if they could be a trustee, a beneficiary is still part of the trust they just would not get possession until they are of age.
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Re: Current law for sale of an AR

Postby Holland&Holland on Thu Mar 01, 2018 7:10 am

The thread is on what age can one give an ar
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Re: Current law for sale of an AR

Postby brad3579 on Thu Mar 01, 2018 9:23 am

brad3579 wrote:You never asked if they could be a trustee, a beneficiary is still part of the trust they just would not get possession until they are of age.
Holland&Holland wrote:The thread is on what age can one give an ar


Here is the thread title and original post
Current law for sale of an AR
Bearcatrp wrote:Can someone educate me with the current law on sale of an AR and semi pistol? Not selling mine but want to read how its written. Am looking at this but if there is something else, feel free to point it out. Thanks
https://www.revisor.mn.gov/statutes/?id=624.7132

I guess that you are way smarter then me because I do not see anything in the title of the thread or the original post about age and the posts after talk about age and many other things.
Maybe you should read all of the posts and not just focus on certain ones. :?
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Re: Current law for sale of an AR

Postby Bearcatrp on Thu Mar 01, 2018 11:15 am

This is correct. All I asked was for was the law regarding selling an AR. But some of the information posted has good info too. Thanks for posting though.
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Re: Current law for sale of an AR

Postby Holland&Holland on Thu Mar 01, 2018 10:36 pm

brad3579 wrote:
brad3579 wrote:You never asked if they could be a trustee, a beneficiary is still part of the trust they just would not get possession until they are of age.
Holland&Holland wrote:The thread is on what age can one give an ar


Here is the thread title and original post
Current law for sale of an AR
Bearcatrp wrote:Can someone educate me with the current law on sale of an AR and semi pistol? Not selling mine but want to read how its written. Am looking at this but if there is something else, feel free to point it out. Thanks
https://www.revisor.mn.gov/statutes/?id=624.7132

I guess that you are way smarter then me because I do not see anything in the title of the thread or the original post about age and the posts after talk about age and many other things.
Maybe you should read all of the posts and not just focus on certain ones. :?


Fine, not the original post, that is correct, however the conversation when you picked it up was one about age. Sorry if you are not following.
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Re: Current law for sale of an AR

Postby brad3579 on Fri Mar 02, 2018 7:39 am

Holland&Holland wrote:Fine, not the original post, that is correct, however the conversation when you picked it up was one about age. Sorry if you are not following.

I am following just maybe not the same part as you. Here is a post shortly before my post asking "What would happen if all guns were in a trust?"
Randygmn wrote:Yeah- I have a bunch I’d like to gift to my 16 year old daughter and 9 year old nephew. Is it really that simple to say, “here you go”? Age restrictions for LEGAL ownership? I’m thinking in case the worst happens with the proposed legislation. Ultimately, I have a hunch that whatever they’re proposing, you’d have to be 21 to “register”? Fwiw, I’m not complying anyway. But curious to know about gifting age.

I am really looking for an informed answer about if worst case legislation were to go into place about not being able to transfer ownership would it make a difference if they were in a trust?
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Re: Current law for sale of an AR

Postby xd ED on Fri Mar 02, 2018 8:08 am

brad3579 wrote:I am really looking for an informed answer about if worst case legislation were to go into place about not being able to transfer ownership would it make a difference if they were in a trust?


Been pondering that myself.
I suspect the answer lies in the wording of the law. My guess is, as popular as gun trusts are, it might get addressed, it that were possible.
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Re: Current law for sale of an AR

Postby Holland&Holland on Sat Mar 03, 2018 12:29 am

brad3579 wrote:
Holland&Holland wrote:Fine, not the original post, that is correct, however the conversation when you picked it up was one about age. Sorry if you are not following.

I am following just maybe not the same part as you. Here is a post shortly before my post asking "What would happen if all guns were in a trust?"
Randygmn wrote:Yeah- I have a bunch I’d like to gift to my 16 year old daughter and 9 year old nephew. Is it really that simple to say, “here you go”? Age restrictions for LEGAL ownership? I’m thinking in case the worst happens with the proposed legislation. Ultimately, I have a hunch that whatever they’re proposing, you’d have to be 21 to “register”? Fwiw, I’m not complying anyway. But curious to know about gifting age.

I am really looking for an informed answer about if worst case legislation were to go into place about not being able to transfer ownership would it make a difference if they were in a trust?


If it were in a trust the trustees would have to be not prohibited and the beneficiaries would have to be non prohibited to take possession.

Or are you asking what happens to a trust is legislation passes that has not passed yet and so therefore no one on earth knows because the law is not yet written?
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Re: Current law for sale of an AR

Postby brad3579 on Sat Mar 03, 2018 8:28 am

Ok, one last time as you are like dealing with my 10 year grandson that lives with me who is autistic with ADD.
Holland&Holland wrote:If it were in a trust the trustees would have to be not prohibited and the beneficiaries would have to be non prohibited to take possession.

Or are you asking what happens to a trust is legislation passes that has not passed yet and so therefore no one on earth knows because the law is not yet written?

I would hope that the kids (at 9 years and 16 years) do not have any crimes on their records yet that would prohibit them from taking possession when they become of age.

Randygmn wrote:Yeah- I have a bunch I’d like to gift to my 16 year old daughter and 9 year old nephew. Is it really that simple to say, “here you go”? Age restrictions for LEGAL ownership? I’m thinking in case the worst happens with the proposed legislation. Ultimately, I have a hunch that whatever they’re proposing, you’d have to be 21 to “register”? Fwiw, I’m not complying anyway. But curious to know about gifting age.

So yes we are guessing at what if's about what could happen as it never hurts to try and be prepared as possible.
Is it Ok to talk about what one might be able to do if the legislation would pass as it is written at the time of the vote.
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Re: Current law for sale of an AR

Postby Holland&Holland on Sat Mar 03, 2018 9:47 am

brad3579 wrote:Ok, one last time as you are like dealing with my 10 year grandson that lives with me who is autistic with ADD.
Holland&Holland wrote:If it were in a trust the trustees would have to be not prohibited and the beneficiaries would have to be non prohibited to take possession.

Or are you asking what happens to a trust is legislation passes that has not passed yet and so therefore no one on earth knows because the law is not yet written?

I would hope that the kids (at 9 years and 16 years) do not have any crimes on their records yet that would prohibit them from taking possession when they become of age.

Randygmn wrote:Yeah- I have a bunch I’d like to gift to my 16 year old daughter and 9 year old nephew. Is it really that simple to say, “here you go”? Age restrictions for LEGAL ownership? I’m thinking in case the worst happens with the proposed legislation. Ultimately, I have a hunch that whatever they’re proposing, you’d have to be 21 to “register”? Fwiw, I’m not complying anyway. But curious to know about gifting age.

So yes we are guessing at what if's about what could happen as it never hurts to try and be prepared as possible.
Is it Ok to talk about what one might be able to do if the legislation would pass as it is written at the time of the vote.


WTF, now we are name calling? And you think I am the 10 year old?

If I did not answer your question, then please restate it. The original question on the table is what are the laws regarding transferring an AR. Then some of the discussion turned to age, your question came along "what if they are in a trust?" Ok, what if they are in a trust, what is your question?
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