Suppressor, Second Amendment bills hearing scheduled!

View · by **jshuberg** on Tue May 19, 2015 1:51 pm

Be careful with general trusts owning NFA items. There are circumstances that can happen that can result in a trust no longer being able to own firearms.

For example, if any person named in the trust becomes a prohibited person, the entire trust becomes prohibited. Whoever is in physical possession can be charged with an illegal possession of an NFA item. An NFA trust can include language that protects the trust should someone in it becomes prohibited.

Also, if the beneficiary is under 21 years old, they cannot own an NFA firearm. You might want language as to how a minor child or adult younger than 21 becomes the beneficiary after the death of the grantor. Without this language, it's possible BATFE could seize the firearms if the beneficiary is not yet legally able to own firearms.

A generic trust might get you your stamp, but it won't protect you, your beneficiary, successor trustees or the NFA items it contains if unexpected life situations occur. A purpose built NFA trust can contain language to deal with the legalities specific to owning NFA firearm.

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View · by **Kelor** on Tue May 19, 2015 6:33 pm

That was helpful. Thank you!

View · by **Randygmn** on Tue May 19, 2015 8:06 pm

jshuberg wrote:Be careful with general trusts owning NFA items. There are circumstances that can happen that can result in a trust no longer being able to own firearms.

For example, if any person named in the trust becomes a prohibited person, the entire trust becomes prohibited. Whoever is in physical possession can be charged with an illegal possession of an NFA item. An NFA trust can include language that protects the trust should someone in it becomes prohibited.

Also, if the beneficiary is under 21 years old, they cannot own an NFA firearm. You might want language as to how a minor child or adult younger than 21 becomes the beneficiary after the death of the grantor. Without this language, it's possible BATFE could seize the firearms if the beneficiary is not yet legally able to own firearms.

A generic trust might get you your stamp, but it won't protect you, your beneficiary, successor trustees or the NFA items it contains if unexpected life situations occur. A purpose built NFA trust can contain language to deal with the legalities specific to owning NFA firearm.

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Any recommendations about who/where to go for an NFA specific trust?

View · by **jshuberg** on Tue May 19, 2015 8:34 pm

I'm actually having mine updated in the very near future, as I'm changing the beneficiary and adding trustees. There are a number of places that offer this kind of service, but one of them happens to be a good buddy of mine:
https://www.facebook.com/pages/Minnesot ... 87?fref=ts

If anyone is interested in a trust, he is a very good guy to go to. Regardless of where you get your trust from though, it's important be be familiar with the type of situations that can cause legal problems when a trust owns NFA items, and to have it worded in such a way to ensure that you're covered if Murphy's law decides to cause troubles in your life.

View · by **MaryB** on Tue May 19, 2015 9:03 pm

Now that we fired the town cop the sheriff is taking care of all permits etc. And he is one of the ones who signed the petition saying he would not enforce any federal gun grabs so getting him to sign off is super easy. Last time I renewed my PTP the town cop delayed me 6 months for no reason. Went to the sheriff, dropped application off and the deputy at the desk told me to hang on, she went back into his office and he signed off on the spot(helps he knows me and the trouble I was having with the town cop). He ran a quick background check, found nothing and 20 minutes later I walked out the door with it. While his staff was running the background check we talked about federal laws and confiscation, he has a very interesting viewpoint that is 100% behind the second amendment. He thinks NFA should be scrapped completely and we should be able to own anything we can afford.

View · by **Ranb** on Fri May 22, 2015 11:20 am

Governor Dayton had previously threatened to veto any silencer bill, but this morning signed SF878, an omnibus safety bill into law.

It has several gun control provisions in addition to easing the strict controls on silencer use by the police and allowing civilian possession. The Governor will no longer have the authority to seize firearms during a state of emergency. CCW holders will no longer need to provide notification to the Commissioner of Public Safety to carry at the MN State Capitol complex. Reciprocity for CCW is changed and MN law will be clarified concerning purchase of long guns in other states.

Ranb

View · by **zachkuby87** on Fri May 22, 2015 12:04 pm

So I can start the process of getting a suppressor now?

View · by **Ranb** on Fri May 22, 2015 12:54 pm

You can't take possession or bring one into the state until August 1st. You can buy one from your dealer and they will transfer it to their store on the ATF form 3, then give you the ATF form 4 to fill out. If you can get your local sheriff to sign the application prior to August and the ATF does not reject any forms it receives prior to them being actually legal, you should be good to go. It depends on how the ATF examiner is feeling that day I suppose.

Otherwise wait until August 1st to send the application in.

Randy

View · by **BigBlue** on Fri May 22, 2015 1:15 pm

July 1st. GOCRA revised the date. Something about the type of bill that determines effective date.

View · by **Ranb** on Fri May 22, 2015 2:11 pm

Just saw that, thanks. This means I can bring my suppressed gun collection home on MN vacation this summer.

Randy

View · by **cgrant26** on Fri May 22, 2015 2:42 pm

What a victory!

I can't wait to submit my Form 1. If eForm 1's are still only taking 6 weeks, I might be the guinea pig and put mine in 5 weeks from the date the law goes into effect. I already have the dies on order to form freeze plugs into baffles.

View · by **Ranb** on Fri May 22, 2015 3:58 pm

I was looking for a range close to Carlton MN and found this; http://www.northwoodsshooting.com/ Anyone know about this range? It is about 18 miles from me; west of Barnum and Mahtowa. If it is a decent place we should meet there for a silencer shoot the first week of July. I can bring a 308, 223 and 22lr rifles. Suggestions? Thanks.

While the GOCRA says on their Facebook page that the silence ban ends on July 1st, SF 878 says it ends on August 1st.

Randy Bragge
ranb40@yahoo.com
(360) 440-5889

View · by **jshuberg** on Fri May 22, 2015 4:25 pm

Many sections of SF 878 provide an effective date of August 1st. However, section 19 (that repeals the suppressor ban) does not provide an effective date.

SF 878 is an appropriations bill. The effective date of an appropriations bill is July 1st, unless it is specifically stated otherwise at the end of the associated section.

Suppressors will be legal to own in MN as of July 1st.

View · by **Ranb** on Fri May 22, 2015 10:23 pm

Thanks for the correction.

Randy

View · by **crbutler** on Fri May 22, 2015 11:25 pm

Well, I guess I will publicly eat crow.

I thought there was no way on god's green earth this would get through.

Congrats to us all, and thanks to those who did the nuts and bolts work!