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Thread: trusts and person Tennessee

  1. #1
    Junior Member
    Join Date
    May 2014

    trusts and person Tennessee

    Tennessee law is modeled after other states laws in regards to NFA items. Tennessee law allows a defense to the crime of possession of an NFA item (not made in Tennessee) if the NFA item is registered to the "PERSON".

    TCA 39-17-1302 (b)(7) Involved acquisition or possession of a sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer that is validly registered to the PERSON under federal law in the National Firearms Registration and Transfer Records. A person who acquires or possesses a firearm registered as required by this subdivision (b)(7) shall retain proof of registration.

    The unincorporated trust is not a person according to the BATFE and the GCA. So it would seem that being authorized by a trust to possess a NFA item is not a defense to the felony of possession.

    This is just a thought and could possibly be a problem for a trustee in possession.

    This is not related to my arrest last year for illegal possession of a silencer that was registered to my person for which I possessed a form 3. In that case I was indicted this May and the state of Tennessee is proceeding with it's prosecution despite the fact that they have a copy of the approved form 3 which transferred the NFA item to my person.

  2. #2
    Trusts and corporations are recognized by ATF under the GCA and NFA as persons. Non-natural persons, but persons nonetheless. IANAL.

    Jeff Folloder

    NFATCA Executive Director

  3. #3
    And in most states a person is defined to include a trust under those state laws.

    Jeff Folloder

    NFATCA Executive Director

  4. #4
    (12) “Person” means an individual, corporation, organization, or other legal entity;

    And a trust is a legal entity, so I'm not really sure where you are going with this.

    Jeff Folloder

    NFATCA Executive Director

  5. #5
    Junior Member
    Join Date
    Aug 2013
    Cincinnati, OH

    2010 Tennessee Code
    Title 39 - Criminal Offenses
    Chapter 11 - General Provisions
    Part 1 - Construction
    39-11-106 - Title definitions.

    39-11-106. Title definitions.

    (a) As used in this title, unless the context requires otherwise:

    * * *

    (27) Person includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof;

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