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IPFS News Link • Gun Rights

Trusts Offer a Legal Loophole for Buying Restricted Guns

• New York Times
A growing number of shooting enthusiasts are creating legal trusts to acquire machine guns, silencers or other items whose sale is restricted by federal law — a mechanism that bypasses the need to obtain law enforcement approval or even undergo criminal background checks. 

1 Comments in Response to

Comment by Chip Saunders
Entered on:

Despite the claims made in the article,...there is no loophole, and this is nothing new. It has been around for a very long time, but has simply been gaining favor as the preferred way to acquire NFA items. The advantages mostly have to do with the streamlining of the paperwork process and the shortening of delay in actually taking delivery of such things. (Shortening from months to weeks.) There is no way eliminate the machinegun trust option without also eliminating corporate personhood, which isn't likely to happen anytime soon.

And even if gun trusts were to be somehow cutailed, LLCs are an even better option, making possession of a gun owned by the LLC legal and allowable by any family member of the LLC (as long as they are not of the prohibited possessor category, such as felons or mental defectives).

That this topic has even come up to be talked about in the news currently is simply a ploy to play on the public's ignorance of trusts in general and the very specific nature of gun trusts in particular.