NFA Trust Loophole

Been bantering with Weer'd about a potential loophole in setting up a trust to own NFA items.

There's a loophole-but-not-really in an NFA Trust about adding a trustee after the item has been transferred to the trust.  New trustees will not be subjected to any sort of background check to now have unfettered access to the trust's NFA items.

The reason I have a trust for my NFA stuff is two-fold.  One: my wife has access to the gun safe.  Two: to provide a clear path of inheritance for our son (mentally incompetent) and legal method to dispose of those items for his benefit should something happen to us.  Check it for yourself, your heir can't sell the item until it's been transferred to them.  If they can't legally own it, they can't accept the transfer, and the item will just be seized when you die.  With a trust, the trust is instructed to liquidate the item and pay the heir.

Not having to deal with photographs, fingerprints and the local sheriff was just a bonus.

It is conceivable that someone could add a felon to their list of trustees and allow them access to the NFA item.  Seems that this is an illegal transfer to me.  The transfer would be at the moment the felon became a trustee, not when he touches the item.  Nothing about that trust changes the legal status of the trustees to own or handle an NFA item.

I am sick of reading about possible problems as if they are actual problems.  Considering CNN's editorial slant, if there was a single instance of a felon using a trust to obtain an NFA item; it would have been mentioned prominently in the story.  I am going to go out on a limb here and speculate that people who aren't allowed to legally own an NFA item don't bother to use legal channels to obtain them.  Setting up an NFA trust IS a legal channel.

I've seen news stories where a shortened rifle or shotgun was seized.  I've seen news stories where a machinegun was seized.  I've seen news where such items were used in a crime.  I have yet to hear about a legally owned and registered NFA item being used.  This is not an oversight on the media's part, I think, since they sure as hell mention if someone had a carry permit when they shoot someone (legally or not).