HKPRO Forums banner

1 - 10 of 10 Posts

·
Registered
Joined
·
18 Posts
Discussion Starter #1
I want to attach front grip to my MP5 which is legal in Michigan but would make it AOW. Requires BATFE Form 1. Can I use Living Trust or LLC for Form 1 so I do not have to beg for LEO signature?
 

·
Registered
Joined
·
255 Posts
if you have an MP5 clone, it is already a SBR and thus, would be permissible to have a K grip attached w/o changing the status of the firearm. if what you're really saying is that you have an SP-89 et al, then yes, you would need to apply
via Form 1 (or have SOT/C2 do this for you).

BATF recognizes and will permit any legal corporate entity as applicant for NFA manuf and transfers. How you do this, or whether it is advisable all boils down to the details, costs, and legal requirements in your state.
 

·
Registered
Joined
·
18 Posts
Discussion Starter #3
I have a Vector V89-40 pistol, soi it is not and SBR (these are illegal in Michigan). And as I said, front grip is legal. I understand all the legalities applicable to Michigan. All I want to understand is if Trust and LLC works with Form 1? I know it works with some other BATFE forms. May be it is ok with all BATFE forms. I just want to clarify.
 

·
Super Moderator
Joined
·
4,380 Posts
Unless something has changed since this summer, SBR's are not legal in Michigan. Machineguns are fine--due to a well-publicized opinion put out by the Michigan Attorney General's Office (this happened about a year ago, if I remember correctly).

I travelled to Michigan this summer with several departmental machineguns and had wished to take along some of my own registered SBR's and suppressors--filed the Form 5320.20 and received the word that the SBR's and suppressors were not allowed. I believe that AOW's are treated that same way in Michigan, for the time being.

If the original poster means "clone pistol" when he says "MP5", then that is obviously fine--but minus the vertical foregrip. If the original poster means "full-auto MP5" when he says "MP5", then that is also fine--and can have the vertical foregrip as barrel lengths and foregrips are not part of the definition of "machinegun" and thus not prohibited.

EDIT: Well, after checking, it appears at least some AOW's are OK in Michigan, specifically those that are not of the smoothbore pistol-gripped shotgun variety.
 

·
Super Moderator
Joined
·
4,380 Posts
I have a Vector V89-40 pistol, soi it is not and SBR (these are illegal in Michigan). And as I said, front grip is legal. I understand all the legalities applicable to Michigan. All I want to understand is if Trust and LLC works with Form 1? I know it works with some other BATFE forms. May be it is ok with all BATFE forms. I just want to clarify.
Well, if you've got the info regarding AOW's, then merely proceed with the Trust or LLC as the Maker on the Form 1. It is quite simple due to not needing fingerprints or photographs.
 

·
Registered
Joined
·
632 Posts
I would go with a revokable living trust, rather then a LLC. With a LLC you have to file a tax return every year, keep minutes, and do all the legal mumbo jumbo to keep it going, plus the cost associated with keeping a LLC going is way too much money. plus there is no advantages to doing a LLC, unless you have a business.

A revokable legal trust is simple to do, and it's just a one time cost to notorize it, and it's good forever, until you die. Then the weapon can be passed to whoever your beneficiary is, as a tax expempt transfer on I believe a form 5. The great thing about it is that you can use it to pass on your estate to whoever you want, property, bank accounts etc... it's a much stronger estate planning tool then doing a will. With a will it can be contested, not so with a trust. So if you have a disfunctional family that you believe some will act like buzzards over your estate, this is a good way to give your stuff to who you want it to go you, rather then having a probate judge decide.
 

·
Merchant of Death (Admin)
Joined
·
11,654 Posts
In any case, the prudent course of action would be to consult an attorney in your locale that is skilled in such matters. The few dollars for peace of mind knowing that it was done right is well worth it.
 

·
Registered
Joined
·
18 Posts
Discussion Starter #8
Not all AOWs illegal in Michigan. I just spoke with BATFE examiner and she firmly confirmed that front vertical grip is not in violation of any Michigan laws and that BATFE will approve form 1 for Michiganians who want front grip. BATFE examiners are extremely well familiar with state laws. They would not approve anything that against state law. She told me that machine guns are legal but SBRs and silencers are not in Michigan.

Anyway, I will try to get signature from my LEO. But if there are any problems, I will just go with Living Trust option
 

·
Registered
Joined
·
18 Posts
BATF examiners

I want to attach front grip to my MP5 which is legal in Michigan but would make it AOW. Requires BATFE Form 1. Can I use Living Trust or LLC for Form 1 so I do not have to beg for LEO signature?
Does anyone know how I would find out who the BATFE is for my state? Are they allotted state by state? Thanks for any info!
 

·
Premium Member
Joined
·
2,335 Posts
I want to attach front grip to my MP5 which is legal in Michigan but would make it AOW. Requires BATFE Form 1. Can I use Living Trust or LLC for Form 1 so I do not have to beg for LEO signature?
I recently decided to Form 1 , into my revocable living trust, my MP5K PDW because I wanted to leave the pistol grip and folding stock in my possession and/or on the weapon at all times. No problems at all.
 
1 - 10 of 10 Posts
Top