Age of trustees in a trust and use of NFA items?

Considering the legal responsibilities and power to invest funds, engage in legal actions concerning the Trust, etc. I wouldn't think anyone under 18 could take on that responsibility. I know my opinion doesn't help you or give you any concrete info but just weighing in as someone who is regularly involved in Trusts. Montana should have a specific Trust Code that you can go through and see if there's more information.

That's an interesting question. I think the minimum age of possession of NFA weapons is 18, but I don't have any legal citation to back that up.

While the letter says "no age limit", it is referring to registration of a form 1 SBR by someone between the ages of 18 and 21. I would be hesitant to rely on that letter as proof that a minor of 14 or 15 years of age would be legally allowed unsupervised possession of a NFA item. Remember that those letters are not legally binding, even to the recipient, and the ATF can write another letter or even just change their mind at any time (Sig brace, Atkins Accelerator, shoelace machine gun, etc)

As a practical matter, I wouldn't expect a LEO to believe a 14 or 15 year old kid who said that they legally possessed the suppressor, regardless of the actual legality. I would expect at a minimum the kid and gun/suppressor would be detained until their father could be found.

I wouldn't think there being a problem with him possessing the item but rather being a responsible party in a legal entity such as a Trust. It is a legal document where the Trustee accepts responsibility for someone else's property and to adhere to the legal guidelines set forth in the Trust documents, I can't imagine a 14 year old can do that.

I would think the thing to look into is if a minor can be a Trustee in Montana regardless of the property. If they can, and based on the information in your original post, I would think he would be all set, but I wouldn't think he can be a Trustee.

Following this one. I'd like to add my grandkids to my trust sooner rather than later

Look on the bright side, if we pass the Hearing Protection Act then he should be all set for the suppressor and you'd just need a pistol lower with a brace for the short barrel AR/AK configuration.

"Broad suggestion" is probably the lawyer's kind way of saying

a) he didn't do any specific research exactly on the question looking at case law etc (you did say it came in very shortly after your phone call?)

b) he's not going to give you a real opinion backed by research unless you pay his hourly rate for said research

And/or

c) he doesn't want to defend a test case on the matter


Overall I'd take it as general guidance and leave it at that. Your friend's kids should still be ok to use the cans under his supervision.

MCMXI said:

Ryanxia, I think you meant to post that in a different thread.

Click to expand...

Nope it was for this thread. If the HPA passes suppressors will be regulated as regular firearms meaning he should be able to possess it without his dad around, and if you put a pistol lower with a brace onto a short barrel upper it is not considered an NFA item therefore if his kid wants to go around in the woods on his own with that setup he would be able to legally.

It had effectively "died" under the current administration but it is considered to have a good chance to be enacted under the new Congress/administration. I'm a member of the American Suppressor Association and between them, the NRA and the citizens doing an email/phone call campaign at the right moment I think we have a very good chance of it going through.