An NFA (“National Firearms Act”) Gun Trust is a trust established for the sole purpose of acquiring and owning Title II (commonly incorrectly referred to as “Class 3”) firearms in a manner that eliminates legal risks and consequences that are otherwise present.
Frequently Asked Questions
Why should I use an NFA Trust instead of individual ownership?
An NFA Trust allows multiple trustees to legally possess and use NFA items, simplifies the transfer of NFA items after your death, and can help avoid certain legal complications during the application process.
Who can be a trustee in an NFA Trust?
Trustees can be any responsible adult (over 21 y.o.a.) you choose, such as family members or close friends. They must be legally allowed to possess firearms under federal and state laws.
What is the difference between a trustee and a beneficiary in an NFA Trust?
Trustees have control over the NFA items and can legally possess them. Beneficiaries, on the other hand, are designated to receive the items upon the granttor's death but cannot possess or use the items while the trust is active. Beneficiaries are usually, simply, underage at the time the trust is established.
Can I add or remove trustees from my NFA Trust?
Yes, our NFA trusts are revocable, which means you can generally add or remove trustees from the trust via a simple amendment--but you should consult with an attorney to ensure that changes are made properly and comply with the terms of the trust and, most importantly, ever-changing federal laws and regulations.
Can I use an NFA Trust to own non-NFA firearms?
Yes, an NFA Trust can hold non-NFA firearms, but it is generally recommended to keep NFA and non-NFA firearms separate for simplicity and legal clarity. There is no real advantage, in most states, in placing Title I firearms into a trust.
How does an NFA Trust simplify the transfer of NFA items after my death?
The trust continues to exist after your death, allowing the trustees to continue to own and manage the NFA items according to the terms of the trust, thereby avoiding the need for probate and vastly simplifying the transfer process.
