Just like with transfers to individuals, a trustee of a NFA firearms Trust can not be a prohibited person. It is important that if all trustees certify that they are not prohibited if a trust contains class 3 firearms. If a trustee becomes a prohibited person they must resign and the ATF must be notified of the change. If there is no trustee, the settlor must appoint a new qualified trustee and also notify the ATF of the change in the trust. The following persons are prohibited from receiving a firearm or being a trustee in a trust that contains items restricted by the National Firearms Act:
- anyone who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
- any fugitive from justice;
- any unlawful user or who is addicted to any controlled substance;
- anyone who has been adjudicated as a mental defective or who has been committed to a mental institution;
- any alien who is illegally or unlawfully in the US or except as provided in 18 U.S.C 922(y)(2), has been admitted to the US under a non-immigrant visa;
- anyone who has been dishonorably discharged from the Armed Forces;
- anyone who was a US citizen and has renounced his or her citizenship;
- anyone who is subject to a court order that:
- was issued after a hearing of which such person received actual notice and at which such person had an opportunity to participate;
- restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
- (I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury, or
anyone who has been convicted in any court of a crime of domestic violence; to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
If you have questions of whether you are a prohibited person or trustee in terms of NFA items, you should Contact a NFA Trust Attorney.