Machine Guns...Somebody's Lying

[CountryBoy19]

What forms need to be "notarized" ????

There is no form that needs to be notarized.

Partially correct.

When filing under an individual, there are no notarized forms that are needed.

However, if you use a trust, you had to get the trust notarized for it to be legal. You must include a copy of the notarized trust with your application. Do not send the original notarized copy, that is your proof that you've actually formed a trust, and a source for future copies for future applications.

 

[sporter]

Didnt think so

Sorry about that. The Trust would need to be notarized.

 

[samot]

Sorry about that. The Trust would need to be notarized.

gotcha,
to each his own, i choose to go the "signoff" route.
Without being to much of a hijacker, what advantages\disadvantages are there to using the trust method as apose to the sign off method? Other than if your CLEO wont sign....

 

[UncleMike]

gotcha,
to each his own, i choose to go the "signoff" route.
Without being to much of a hijacker, what advantagesdisadvantages are there to using the trust method as apose to the sign off method? Other than if your CLEO wont sign....

If you use the sign off method you can leave the AOW to someone in your Will, providing that they are not a "Prohibited Person", and they will not have to pay the Federal Tax. Any subsequent Beneficiaries will have to pay the Federal Tax, and pass the background check, in order to take legal possession of the AOW.
I went through all of this with my AOW when it looked like I was going to succumb to a disease several years ago. I didn't!!
Mike

 

[bigcraig]

You can own a short barreled shotgun in the state of indiana if you get an AWO permit like the Serbu Super Shorty

Your missing some points here.

1) You are correct, in Indy we can own AOWs.
2) There is no permit, only a one time $5 tax. (AOWs are cheaper than MGs, SBS, SBRs and silencers, those carry a $200 one time tax.)
3) You can not legally mount a buttstock on a legally registered Serbu Super Shorty AOW, you would be breaking Indiana law.

 

[shooter521]

3) You can not legally mount a buttstock on a legally registered Serbu Super Shorty AOW, you would be breaking Indiana law.

As I understand it, you would also be breaking federal law, since adding a buttstock would turn the AOW into an unregistered SBS.

 

[CountryBoy19]

If you use the sign off method you can leave the AOW to someone in your Will, providing that they are not a "Prohibited Person", and they will not have to pay the Federal Tax. Any subsequent Beneficiaries will have to pay the Federal Tax, and pass the background check, in order to take legal possession of the AOW.
I went through all of this with my AOW when it looked like I was going to succumb to a disease several years ago. I didn't!!
Mike

Some argue that you can also do that with a trust too. I haven't seen any proof either way though. I don't believe the ATF has made any statement saying that you cannot transfer Title II's on a Form 5 to the beneficiaries of a trust.

Also, to add to advantages. With the trust you can have multiple trustees (owners) and therefore multiple people can possess the Title II firearms. In my case I have myself, my fiance (soon to be wife), my brother, and my father as trustees so that I can leave the items with any of them, and they may also shoot/use them without me being around. That was the biggest advantage to me, and it was the reason I chose to go the trust route. It also helps that I didn't have to do the signoff, and subsequently, my local LEOs have no record of me having these items.

 

[alfahornet]

Also, to add to advantages. With the trust you can have multiple trustees (owners) and therefore multiple people can possess the Title II firearms. In my case I have myself, my fiance (soon to be wife), my brother, and my father as trustees so that I can leave the items with any of them, and they may also shoot/use them without me being around. That was the biggest advantage to me, and it was the reason I chose to go the trust route.

Interesting. This is the first time I hear this argument being made in favor of a trust. So in addition to the NFA paperwork, do you carry any other paperwork showing the trustees with you when you take the weapon to the range?

 

[SootKing]

The Super Shorty is an AOW because it doesn't meet the definition of a Shotgun in the first place. It was not "made from a shotgun" because the definition of a shotgun says that it is "...a shoulder fired weapon". The Serbu type AOWs are made from virgin receivers that never had stocks, thus were never "shotguns" by definition.

well thats a good point...and im glad to see that theres a nice little loophole there ive always wanted one of those super shortys and now i can own one.

 

[VUPDblue]

its not a loophole. the law was written that way on purpose...

 

[samot]

It also helps that I didn't have to do the signoff, and subsequently, my local LEOs have no record of me having these items.

For some reason i feel more comfortable knowing that my CLEO knows i have NFA items & he also agreed that its legal that i posess them in his juresdiction

 

[Bastispah]

In our great state of Indiana the only thing we can not own (legally) are short barrel shotguns. Otherwise everything else is ok (legally) including full auto weapons (aka machine guns), grenade launchers, short barrel rifles, silencers, etc...

You can even have a Class-A thermal detonator like this:

in case you need to take out

(Jabba The Hutt)

Hilarious and informative

 

[CountryBoy19]

Interesting. This is the first time I hear this argument being made in favor of a trust. So in addition to the NFA paperwork, do you carry any other paperwork showing the trustees with you when you take the weapon to the range?

Sorry about the delayed response. I didn't come back and check in on this thread.

No, I don't carry any other paperwork with me. If I (or another trustee) shows the paperwork (Form 1 or Form 4) that the firearm is legally registered etc. and that isn't enough to make a questioning officer content, I'm likely going to jail anyways. In which case it will all be sorted out in court where evidence of the trust can be presented.

It helps if the trust contains your last name (mine does) which should help clear up most issues with a questioning officer.

For some reason i feel more comfortable knowing that my CLEO knows i have NFA items & he also agreed that its legal that i posess them in his juresdiction

I think you're definitely in the minority there. Most people DON'T want their local LEO to know what they do and don't have. I know that I don't.