Recently one of our Gun Trust Lawyer® Clients asked us:
What are the shipping requirements for items in my NFA trust for Trustees in different states? The items are legal in both states and the personnel involved can legally possess the items. I also understand the commercial carrier and USPS shipping restrictions (at least think I do). As there is no transfer of ownership, must the items be transported with a FFL?
Our Trust allows one Trustee to ship to another Co-Trustee who is located in a different state a NFA Firearm that is an asset of the Gun Trust with the advanced approval from the ATF by using an ATF Form 5320.20. There is no requirement to use a FFL as the owner is not changing. The Gun Trust will be the owner of the firearm prior to and after the shipment.