The short answer is NO. The BATFE is in charge of licensing Federal Firearms Licenses (FFL). A Type 03 License is a license for collectors of “Curios and Relics,” also referred to as a C&R License. As theBATFE states, a C&R License pertains exclusively to firearms classified as curios and relics, and it’s purpose is to facilitate a personal collection. It is NOT a license to buy and sell curios and relics.” The C&R license is specifically prescribed in the law at 18 U.S.C 923(b).
So why can’t a trust own a C&R but can own a NFA firearms? If one looks to 27 C.F.R 478.11, which is part of the Gun Control Act (GCA), in relation to licensing, it starts by stating, “When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section.” Moreover a “person” is defined as “Any individual, corporation, company, association, firm, partnership, society, or joint stock company.” Whereas, in 27 C.F.R. 479.11, which pertains to ownership of NFA firearms, a “person” is defined as “A partnership, company, association, trust, estate, or corporation, as well as a natural person.” Thus, while “trust” is included in the defintion of a person for purposes of ownerships of NFA firearms, it is not included for purposes of licensing.
This is a serious issue for Missouri residents who must have an FFLto purchase NFA firearms. There is at least one individual in Missouri who claims the BATFE issued a C&R License to his trust, which is in violation of the law. Luckily, when he applied for a transfer with his trust, the BATFE kicked it back because he did not include a Declaration of Trust and Schedule A. Hence, the trust does not own an assets that could be forfeited. Any individual considering a gun trust should speak with a competent attorney so that he/she does not find him/herself facing the possibility of a criminal prosecution and forfeiture.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
Prince Law Offices Blog 
Pretty nice post. I just stumbled upon your blog and wanted to mention that I have truly loved browsing your blog posts. After all I will be subscribing for your rss feed and I am hoping you write once more soon!
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PARAGRAPH 1
It is NOT a license to buy and sell curios and relics.” The C&R license is specifically prescribed in the law at 18 U.S.C 923(b).
PARAGRAPH 2
So why can’t a trust own a C&R but can own a NFA firearms? If one looks to 27 C.F.R 478.11, which is part of the Gun Control Act (GCA), in relation to licensing,
A C&R License might not be able to be held by a Trust, but a Trust should certainly be able to OWN C& R classed firearms!
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My C&R FFL is issued in my own name, (as the CFRs prohibit Trusts from holding a C&R license).
Question of transferring C&R Classified NFA Items
When transferring a C&R NFA Item, (age of manufacture of item is over 50 yrs) on a Form 4 via my C&R FFL;
Do I need to have another Form 4 transfer approved to assign the C&R Item to my Trust after the initial Form 4 transfer?
I read through the CFRs and didn’t find this question addressed.
Thank you for maintaining such an informative blog.
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