According to the gun lawyers and bloggers over at Prince Law Offices, P.C. a recent ATF determination that “unincorporated trusts” are not “persons” under the Gun Control Act may have opened a way for trusts to manufacture new Post-86 machine guns.
Hit the link here to be taken to Prince’s Law Blog. There, he breaks down the legal rationale for the rather bold statement. In short, the ATF was trying to find a basis to run NICS checks on persons picking up NFA Form 1 firearms on behalf of trusts. In doing so, they defined that “trusts” were not “persons.” Since Unincorporated Trusts are not “persons” as legally defined in the Gun Control Act, trusts may lawfully make and transfer machine guns.
For good measure, Prince applied for a Form 1 to see how the ATF will formally respond. To Quote:
I will continue to update our viewers, as I have already submitted a Form 1 Application for a minigun…oh hell yeah I did…