Trust and engraving question

[NateIU10]

I had a quick legal question, and figured I'd see if anyone had an answer for me.

I am making my trust for NFA stuff, and before I send in my Form 1 I will need to get it certified. I want to get the ball rolling on this, but had 2 questions:

1. For the notary verification, does it have to be an Indiana notary? I am in MD right now and could easily get it certified, but could not determine if it is acceptable for an Indiana resident to have a trust certified by a Maryland notary public. Indiana trust law does not require the certification at all (as far as I could tell from the ICs) but I believe the BATFE says it must be certified by a notary public?
2. Am I allowed to send out the receiver for engraving to Orion-Arms after my form 1 is approved of do I have to do it prior?

Thanks if you can help

Nate

 

[VUPDblue]

Your trust needs to be notarized to be legal. The notarization just proves that you, the trustee, actually created/authorized the trust. I don't believe that it matters where you get the notarization done, her or MD. But like I said, all the notarization accomplishes is proving that you yourself actually created or authorized the trust and that you are who is named in the trust as trustee.
As far as engraving, a lot of people send it out for engraving before they get the F1 back. I must be a dissenter because I like to send it off to Orion the day I get the F1 back. Just to be sure that I don't have an engraved lower if the form gets rejected for some reason. It's really up to you and JBTs arent going to kick down your door and shoot your dog if you do things in a bad order.

 

[NateIU10]

Ok, I figured I'd do it after approval also because of the SLIGHT chance it isn't approved due to me being under 21. Thanks VUPD.

 

[bigcraig]

VUPD/Nick pretty much answered your question, he is more knowledgeable about the NFA via trust route.

I will disagree with him concerning when you should send your lower off to be engraved. I prefer to have the engraved lower in my hand before I send in the form1. My reasoning is, is that I want to make sure that the lower didn't get screwed up during the engraving process nor lost in transit.

YMMV

 

[VUPDblue]

Craig's reasoning for sending his off for engraving are sound. I wouldn't recommend against that advice at all. That's just not how I do it. Come to think of it, I should probably do that because it would be very easy to screw up my last name during the engraving process.

 

[Longshot308]

I do not think that it makes any difference if you engrave before or after; I generally will not engrave a lower without an approved form

 

[samot]

Ya, i dont think it makes any difference either.....
If i want to put my name on my title 1 rifle, that does not automatically make it an SBR !!!
Althought i usually dont engrave untill after aproval, & have never engraved a title 1 firearm

 

[ryknoll3]

Just so you know, you CAN get a refund of your tax stamp if the lower was screwed up or the SBR was never built. It WILL take a while (6-12 months) and you'll have to start all over, but you WON'T be out the money.

I sent mine out to Orion while I was waiting on my form, but it doesn't matter how you do it.

 

[dudley0]

Come to think of it, I should probably do that because it would be very easy to screw up my last name during the engraving process.

Just barely getting the bug for NFA but I was planning on getting a trust set up first.

My question is this:

Do you engrave your name or the name of the trust? I thought the trust allowed the NFA to be used or stored with anyone in the trust. Unless the name of the trust happens to be the same as your name why would you put it on there?

 

[VUPDblue]

You must engrave the name of the trust on the firearm. If your trust is named after you, then the engraving would logically include your name. Examples:
John A. Smith Trust
Anytown, VA

John A. Smith
Anytown, VA