What is the Purpose of an NFA Firearms Trust?
Without a gun trust, getting a title II firearm is a complex process.
Firearms that fall under Title II of the National Firearms Act are generally heavily restricted for personal ownership. Federal law regulates the sale and transfer of all Title II firearms. These weapons include Short Barrel Rifles, Short Barrel Shotguns, Silencers, and Fully Automatic Firearms.
Without a gun trust, only the applicant of the restricted firearm can use or possess it. This means that your spouse, children, or friends will not be allowed to use it without being in clear violation of federal law. A gun trust gives the flexibility to allow you to add or remove individuals with whom you would like to have access to your Title II firearms at any time.
To legally own a Title II weapon, the ATF must give its approval. This approval comes in the form of a tax stamp, which gets affixed to one of the forms that you send to the ATF requesting permission to own the weapon. Once that tax stamp is returned affixed to your documentation, your Title II firearm can be transferred into your gun trust.
Benefits of a Gun Trust:
Our Gun Trusts are designed specifically for your firearms. You, as Grantor (the person who creates the trust), are given the power to add or remove trustees (the persons who are responsible for the administration of the trust and the handling of the firearms held by the trust) as you see fit during your lifetime. Any co-trustee designated in the trust can possess and use any of the restricted firearms held in the trust so long as they satisfy the stringent requirements set forth by law. The Grantor of the trust can add and remove individuals as trustee, allowing or disallowing them from having access to these firearms. Our trusts allow for the designation of successor trustees: individuals who take over control of your weapons should anything happen to you.
A gun trust can hold any type of firearm. This provides a smooth process for transferring ownership after your death as trusts fall outside of probate (a costly and time-consuming process of changing title to property) and allows your trustees to immediately transfer the guns to your designated beneficiaries, so long as they are qualified under law.
Without a gun trust, only the individual who registers for the Title II firearm can use and possess that firearm. This has even been interpreted that merely giving another person (i.e. a spouse) access to these firearms constitutes constructive possession and can result in hefty fines or jail time.
With an NFA Gun Trust, you can also decide who you want to inherit your firearms after your death. Further, Gun Trusts are private documents. Nobody, with the exception of your Trustees and Beneficiaries, will know what weapons are held in the trust. Wills, on the other hand, are public documents and easily accessible by anyone once you die.
Do NOT fall for the simple “do-it-yourself” trusts found online. These Trusts often lack even the most basic language required to ensure the document protects you, your family, and your weapons. Our Gun Trusts are drafted by a Florida Attorney who specializes in estates and trusts, and who is extremely knowledgeable about the National Firearms Act, the revised ATF Rule 41F, and your rights as a gun owner.
(NFA Firearms) firearms allowed in Florida include:
Silencers (also known as suppressors or mufflers) are devices attached to or part of a barrel of a firearm or air gun that reduces audible noise and visible muzzle flash.
Short-barreled rifles (also known as SBRs) are rifles with a barrel length of less than 16 inches.
Short-barreled shotguns (also known as SBSs) are shotguns with a barrel length of less than 18 inches.
Machine guns (also known as fully-automatic weapons) are firearms that shoot, are designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading by a single function of the trigger. Civilians are only allowed to use and possess machine guns that were manufactured on or before May 19, 1986.
Any Other Weapons
Any Other Weapons (also known as AOWs) weapons or devices capable of being concealed on the person from which a shot can be discharged through the energy of an explosive. This is the catchall provision, therefore an AOW is a firearm or device that does not fit easily into another category.