What Is A Gun Trust?


AN NFA GUN TRUST CAN ACQUIRE, MANAGE AND SHARE NFA WEAPONS


Once you’ve received a silencer, SBR or machine gun registered in your name, the National Firearms Act says YOU are the only person permitted to use it.

The NFA prohibits the “transfer” of an NFA weapon without prior approval of an appropriate transfer application by the ATF.

The word “transfer” is defined by the Act to include loaning the weapon to any other person. Unfortunately, the word “loan” or “loaning” is not defined by the statute or any regulations. So you can never be sure whether you are breaking the law.

UNAPPROVED TRANSFER = 10 YEARS IN PRISON AND UP TO $250,000 IN FINES!

Although ATF field agents may tell you that permitting your buddy to shoot your NFA weapon while in your presence is perfectly legal and doesn’t count as a “transfer,” can you be certain that a prosecutor is going to have the same definition of “transfer” and “loan” if someone is killed or injured when using your NFA weapons?

An NFA gun trust permits beneficiaries and co-trustees of your trust to legally use and have possession of your NFA firearms – even outside your presence (if you want to permit that, of course).

New regulations adopted by the ATF require that all currently serving "responsible persons" (typically trustees) obtain fingerprints and photographs, fill out the new Form 23 Responsible Person Questionnaire, and notify their CLEO of the application, each time your trust acquires a new NFA weapon.  These new regulations can make the purchase of new NFA weapons significantly more difficult and time-consuming if the names of co-trustees are built directly into your trust document.

FOR THAT REASON:

  • Our NFA gun trust is constructed to permit the maximum ease in adding and removing:
    • Co-trustees (persons you may want to permit to use NFA weapons outside your presence)
    • Successor trustees (the persons you want to manage your trust after your death or incapacity (successor trustees are not "responsible persons" because they do not have the current power or authority to be in possession of NFA weapons - they are only a nomination to take over management of the trust in the future))
    • Lifetime beneficiaries (the persons you want to be able to use NFA weapons in your presence (also not "responsible persons, as they have no power to possess))
    • Remainder beneficiaries (the persons who will inherit weapons from the trust after you pass away (also not "responsible persons"))
  • Our NFA gun trust is specifically constructed to address the ATF’s Rule 41F. This rule requires all grantors and trustees serving at the time of a future ATF applications (and possibly beneficiaries with the right of possession) to notify their CLEO of the application, get fingerprinted and get photographed.
  • Our NFA gun trust is designed to allow you to easily remove co-trustees.  This minimizes the burden created by 41F when making future applications.  You can easily re-appoint co-trustees once you’ve received new weapons.
  • Our NFA gun trust can be used to administer both NFA and non-NFA (Title I) weapons.
  • You never disclose your non-NFA weapons to the ATF.
  • Our NFA gun trust can be used to make specific gifts of certain weapons to specific individuals.  All remaining weapons are distributed to your remainder beneficiaries in the percentages you specify.
  • Our NFA gun trust is specifically designed to provide a comprehensive management system to your successor trustee(s).  It ensures that they are aware of the rules and procedures necessary to legally and safely handle, administer and transfer NFA weapons.
Disclaimer: Use of this website to purchase forms to create your own gun trust does not substitute for professional legal advice.  Use of this website does not create an attorney-client relationship.