Real life example of why registry is bad

If you’re reading this blog, you probably already know the usual arguments about registry.  A friend of mine just brought up a scenario that I had never thought of.

He has an older friend that is unfortunately in the hospital with one of those issues that a lot of folks don’t come home from (hope that’s not the case here, but…).  Life has apparently treated his buddy pretty well, and he’s been able to afford some machine guns.  This is where it gets sticky.  Some folks have apparently attempted to rob his buddy’s house a couple times.  My friend is the only one that the guy and his family trusts/knows that has the ability to properly lock up the guns away from the now vacant house.

From the admittedly small amount we know about the NFA registry, this may not be exactly legal.  When getting your NFA tax stamp, you can either register by your lonesome, or set up a trust.  If you get the stamp directly tied to you, you’re the only one that can possess the item.  No loaning it out, etc.  If you set up a trust, anyone that is named on the trust can possess it.  Unfortunately, I don’t know which this gentleman did, but, if it was a trust, my friend was not named and there’s a decent chance that the guy will die before the ATF gets back to him about adding a name to the trust.  Not to mention that the third robbery attempt may succeed.

If there wasn’t a registry, it would be a simple case of “oh, I can hold onto that for you.  With the registry?  Things get a lot trickier.

(By the way, no.  This isn’t me.  It really is a friend of mine.  I won’t tell you his name.  On the other hand, if you have a tip other than “find a lawyer,” I’ll be happy to pass it along.)

7 comments to Real life example of why registry is bad

  • jesse bogan

    Does your friend know a class III FFL? Or a TRUSTED LEO? I would think either of those would be OK, but the LEO would have to be someone he/she KNOWS well.

  • MattCFII

    If it isn’t In a trust the only person that should be able to unlock an NFA item is who’s name is on the paperwork. (hehe the reason my wife doesn’t have the combination to the main safe, oh huh, that means I can sneak new guns easier…)

    You do get a free non-taxed inheritance transfer of individually owned items. but I’m not sure who controls the items until the transfer process is done. I hope the guy has someone named for that in his will.

    • Erin Palette

      Can the inheritance transfer happen before death?

    • Ben C

      Either the person named in the will or the executor of the estate. If the the guy is in bad shape, he can do that person a favor and pre-fill the Form 5s for transfer.

      I have a copy of form 5s with my trust filled out and set up to transfer if something happens to me, minus a date.

  • Ben C

    An FFL holder can hold them. A well trusted one can take them in “for repair” and continue to “repair” them until a new owner needs to take possession, or the current owner can come home. I’m sure there is a way to store them as well, but I know “for repair” may be able to make the paperwork easier.

  • Ben C

    One other option. If “sick buddy” has a safe that can be moved (even if it sucks to do that) move the whole safe to the other buddy’s place and put the guns in there without telling “storage buddy” the combination.

    Cheap and dirty option, if “storage buddy” has a vault room or similar; get a cheap-o stack-on tin can with a lock and put the MGs in there. Give “sick buddy” the keys so only he has access. Don’t answer any questions on how they got from their current location to the stack-on box…

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