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RSJ

FastCarry wrote:As someone who is interested in a silencer and possibly an SBR, can someone explain "gun trust" in simple terms? Everything i read is that it "makes things easier" but I dont fully grasp what its for or how it helps.

You would normally have to get a chief law enforcement officer's approval to get an SBR/can. A trust isn't a person, so a trust can acquire property such as SBRs and cans. You'd name yourself as trustee and be allowed to buy and sell trust property. Still requires a tax stamp and $200 fee for each item with a few $5 instances. It is pretty easy to go through the process after you know what you are doing. Also, you can put other people on the trust so they are not in technical violation of the law when they are using the item (especially when you aren't around). My trust is about 15 pages long and allows for several contingencies in case I died, get arrested, or am incapacitated so my family won't have to jump through legal hoops.

RSJ

Obviously some people have strong opinions on this. Mine is in line with what TAM said. When dealing with the feds, why not spend an extra $100-200 for a job that you know has a professional behind it, and accountable to you. I'm sure that SOME gun stores use attorneys and can even get questions answered when they arise. But for $100-200 more, you can meet with someone face-to-face, and know they are standing behind their work, and if not, they've got malpractice insurance and a state bar that will hold them accountable. That's all i'm saying. I am not financially interested in this, I work for YOU (the taxpayer), so the only trusts I've done are for friends/family for free.

I can say that I've got a copy of a legalzoom-ish trust that is poorly worded and is missing sections that most other trusts have. YMMV.

RSJ

AndyC wrote:
RSJ wrote:As a lawyer I must say, some of what the gun shops are "selling" is crap. Would you trust your car mechanic for medical advice? Of course not. Gun shop staff doesn't equal lawyer.
I can only speak for the silencershop form I used, so I have a few questions for you:

1. How do you know it's crap? Have you read it? Because I've seen approximately 10-15 different "kinds" of trusts. Some stores are using a substantially similar version to the legal zoom version, which is crap.

2. Do you have any proof that they are not using an attorney, or are you simply blowing smoke?
This NFA Gun Trust form was specifically designed by a gun trust lawyer to work for NFA items, such as suppressors - and to be a legal trust in all 50 states.
Yes. Having an attorney draft a boilerplate document that "works for everyone" then telling each individual at the gun store how to tailor it to their need IS unauthorized practice of law in Texas

3. How would you respond to this part they mention on the same page?
As mentioned previously, if you prefer to work with a lawyer, please check out our lawyer referral page.
I'm sure most people are happy with whatever site this is on

Seems to me like they're happy either way folks go, so I'm not entirely sure what your problem is.

RSJ wrote:If I had more time, I'd report them all to the unauthorized practice of law committee.
Then make time.

I'm prosecuting people, as soon as I decide to enter private practice I may start.

RSJ

As a lawyer I must say, some of what the gun shops are "selling" is crap. Would you trust your car mechanic for medical advice? Of course not. Gun shop staff doesn't equal lawyer. If I had more time, I'd report them all to the unauthorized practice of law committee.

Anyways, I would recommend an attorney. Sean Cody is probably the best in TX. He's in the Houston area IIRC.

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