What Is A NFA Gun Trust?
NFA Firearms (Title II Firearms) are guns and other related items regulated by the National Firearms Act (“NFA”).
The NFA regulates the sale, use, possession, and transfer of machine guns, short-barreled shotguns and rifles, silencers, destructive devices, and AOWs.
Individuals, business entities, and trusts may purchase NFA firearms if permissible under state law. However, permission is required to transfer or make these regulated items; the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“BATFE” or “ATF”) requires a Form1 or Form 4 along with payment of a tax stamp.
Do I Need A Gun Trust?
The ATF requires that all individuals obtain approval from their Chief Law Enforcement Officer (“CLEO”) as part of the application process to obtain a Title II firearm Some CLEOs refuse to sign or even acknowledge the ATF Forms; in Maricopa County, we have not seen this issue yet. There is no legal path to force the CLEO to review these forms. In Arizona a NFA Gun Trust does not require the CLEO’s signature to obtain approval on a Form 4. While there are proposed rules that may change this, as of today, it is not needed.
Fingerprints or Photographs
An NFA Gun Trust does not require fingerprints or photographs. Not only does this potentially save you a little money, it can also decrease the waiting time to get possession of your items.
If you become incapacitated, friends and family are frequently the people in your life who come to your aid. If they handle restruicted items, they may inadvertantly find themselves in violation of federal law. The NFA Gun Trust helps protect these individuals from violating the NFA by providing them clear instructions on what they are and are not permitted to do.
An NFA Gun Trust prevents your firearms from going through a probate process or becoming public record. Your selected beneficiaries will be protected because they will receive guidance on how the items can be legally transferred.
The penalties for violating the NFA can be severe. Each violation of the National Firearms Act subjects the owner to forfeiture of all weapons, 10 years in prison, and fines of up to $250,000. An NFA Gun Trust provides guidance to the creators, managers, and beneficiaries of the trust to help them avoid violating the NFA.
I provide the following for my NFA gun trust clients:
- A custom drafted NFA Gun Trust Agreement
- A Certification of Trust
- Assignment of NFA Firearms to Trust
- Digital Document Storage of Your Documents
Disclaimer: The information in this web site is not intended to constitute legal advice or to create an attorney-client relationship. The information, documents, or forms provided herein are intended for general information purposes only and must not be relied upon as legal advice. As laws regularly change, the information found on this site may not be current or accurate. You are strongly encouraged to seek out your own legal counsel in order to ensure that your rights are protected and your legal obligations met.