Can a Gun (NFA) Trust be Issued a Curios and Relics License?

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.

Advertisements

3 Comments

Filed under ATF, Firearms Law, Gun Trusts

3 responses to “Can a Gun (NFA) Trust be Issued a Curios and Relics License?

  1. 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!

    Like

  2. Pingback: Gun (NFA) Trust – Frequently Asked Questions | Prince Law Offices, P.C.

  3. bud s

    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!

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s