All about Gun Trusts.
In order to more easily own, operate, and transfer certain types of weapons and/or devices classified as NFA or Title II firearms legally in the United States, you may consider getting a legal document put into place that is commonly called an “NFA Trust,” “Gun Trust",” or “Firearm Trust.”
The types of weapons and/or devices that would create the need for one of these trusts are as follows:
Machine guns
Short barrel shotguns
Short barrel rifles
Silencers
Destructive devices (such as grenades)
and “any other weapons” such as camera guns, pen guns, umbrella guns, etc.
The governmental agencies responsible for regulating these types of weapons are the U.S. Department of Justice’s Bureau of Alcohol, Tobacco, Firearms, and Explosives (more commonly known as the “ATF”) and any applicable state agency that regulates firearms.
Usually these types of weapons are acquired either from a dealer to an individual or from an individual to an individual. Before the the transfer of the weapon, you must submit Form 4 to the ATF for approval. Typically, fingerprints and photographs must be provided to the ATF and you must also get the consent of the local chief law enforcement officer of where you live (usually the Sheriff of the county you live in). This consent can be difficult to acquire at times for the average joe.
The main benefit of a Gun Trust is to provide for continuity of ownership for covered weapons. It allows for other people to possess and use the NFA or Title II firearms. However, if you would otherwise be prohibited from having one of these types of firearms, then a a gun trust is NOT a workaround for you to possess or use these firearms. Gun trusts also allow persons who are underage at the time of the trust’s creation the ability to use and possess the firearms in the trust when they are no longer underage, provided they are eighteen years of age and are not an otherwise prohibited person.
The legal landscape continues to change surrounding gun trusts. In 2016, the ATF finalized a rule that required trustees of a gun trust (if they are entities) to identify “responsible persons.” This would be any person listed in a Trustee capacity of the trust or who is otherwise responsible for the firearms in the trust. A responsible person must submit fingerprints, photographs, and Form 4 to the ATF, plus fill out an additional ATF form (Form 5320.23), which identifies the responsible person. The responsible person or persons also needs to forward all of this documentation to their chief local law enforcement officer. Luckily, no approval is necessary from the local chief law enforcement officer, just notice, unlike for individual owners.
Hopefully you were able to learn a little more about gun trusts from this article and whether you may need one or not.
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