Moving to another state SBR question

[Phaedrus/69]

I understand that eventually an attorney might be a good idea but I'm looking for general information now. Recently I set up my trust but I haven't applied for a stamp yet. I am contemplating a move from SD to MN. How might this work for an SBR? They're legal to own in MN. I figure if I move I won't be able to add new items to the trust but what about items already in the trust?

I recently accepted a job in a town about 15 miles across the border into MN. In the short term I'll just commute but long term I won't want to drive 60 miles a day. To further complicate things I will still return frequently since my extended family is in SD. Iirc you need specific permission each time you want to travel to another state with an SBR. Ah, the 'joys' of living right on a border...

 

[yugorpk]

The trust is still good in another state. You use your existing trust and put the new address on the Form 4 or Form 1 when you buy or build your SBR.

When you move you will need to notify the ATF of the move on a 5320.20 if you already have NFA items in there. Otherwise you don't really need to do much else. Items in trust stay that way.

 

[Phaedrus/69]

Wow, that would be awesome! I'll have to check into the details but it would be great to be able to use my existing trust.

 

[Aaron Baker]

I understand that eventually an attorney might be a good idea but I'm looking for general information now.

The time to get an attorney is BEFORE you use a trust that wasn't written by one knowledgeable in NFA law. Although your trust can be re-written to be more NFA-specific by a competent attorney later, why wait? They can also answer questions like this.

But yes, properly written revocable living trusts should be legal in all 50 states. When you move, there's probably a mechanism to change the address on your trust. There's also a form that you file with the ATF to be allowed to move with your SBR.

If you will want to take your SBR back and forth across state lines, you can fill out that same form (it can be used for temporary trips or permanent moves) but list an entire year span of time on it. That form will then allow you to travel with your rifle back and forth between those two states for an entire year before you need to file for another one.

Aaron

P.S. I understand wanting general information, and this is a good place to get it. It's just that I also know that I answer questions like these all of the time for my clients during the process of drafting their trusts, and that's really one of the main services that an attorney who is knowledgeable about the NFA can provide.

 

[Phaedrus/69]

My lawyer specializes in NFA trusts, but he charges more than THR. I'm not worried about my trust- I know that's 100% correct. He also printed out a couple sheets of "Cliff Notes" for me with common issues and answers (which reminds me, I need to reread it before I call him). This thread is just getting general answers from folks that have moved states with NFA items.

 

[Aaron Baker]

My apologies! It sounded like you didn't have a lawyer draft your trust. Good to hear that you did. I was just surprised that he didn't give you any answers about moving with your trust.

Feel free to ask any questions of THR that you have. You can definitely get good answers here.

Aaron

 

[Phaedrus/69]

No problem. My attorney is a busy guy, plus I wanted to hear from some of the gun guys.