The answer, unfortunately, is no. While a trustee may lawfully possess assets of the trust, when he/she goes to the dealer to pick up the NFA firearm, after receiving approval from the BATFE, the trustee must fill out a 4473 and a NICS check. For a 4473, the individual must be a resident of Pennsylvania. Thus, the trustee must have some form of identification showing that he is a resident of PA in order to pick up the NFA firearm from the dealer.
That being said, this does not prohibit an out of state trustee from possessing an NFA firearm that is already in the possession of the trust. Hence, if you are a trustee of a trust that was enacted and is situated in a different state, you may use the NFA items in that state where the trust is situated. If you desire to possess the NFA firearm out of that state, you must file a temporary or permanent move of the firearm with the BATFE, using Form 5320.20.
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 
I’m confused here. Is this a PA only restriction? As a resident of three different states, I have filled out a 4473 and obtained a (positive) NICS check in a state that was not my state of residence. Of course the transfer was for a “long gun” and all the states that I was a resident of (at different times) allowed out of state purchase of long guns. If this is a Federal requirement, could you please provide the citation in U.S.C. / C.F.R where the Title-II firearm is treated essentially as a handgun and FFL transfer is limited to resident of the FFL’s State of Business. Thank You.
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Long guns are treated differently than handguns and NFA. You must be a resident of that state to purchase a handgun or NFA firearm in that state. See also – https://blog.princelaw.com/2011/08/19/as-an-ffl-can-you-sell-to-someone-without-picture-id/
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