Reasons why a gun trust is still a better option than purchasing as an individual:
- Avoid constructive possession issues by adding co-trustees as “responsible persons” who can possess and transport trust firearms. If a firearm is owned by an individual, only that person may possess the weapon. This can cause problems like when, for example, you forget the suppressor in the trunk of your spouse’s car.
- A gun trust outlives its owner and allows for orderly transfer to trust beneficiaries.
- A gun trust allows the trust creator to specify who receives the firearm separately from other parts of his/her estate and keeps guns out of the estate administration.
- Firearms placed into a trust pass outside the probate process.
- Privacy: A gun trust is not recorded and thus there is no paper trail like with a corporation or LLC. Also, because firearms are not included in the probate estate there is no list of assets which might be filed with the court and available to the general public.
- A gun trust generally does not have an obligation to file tax returns or annual reports.
- Co-trustees and beneficiaries can be added or removed as circumstances require.
Click here to download a blank NFA trust referral form in PDF format
ATF Form 20 “Application to Transport Interstate or to Temporarily Expert Certain National Firearms Act (NFA) Firearms”
Frequently Asked Question
How to complete ATF form 5330.20 (certification of nationality)
To purchase a NFA item across state line please this article from the guntrustlawyer.com
Why does a trust have to complete ATF Form 4473? Because unincorporated trusts are not “persons” under the Gun Control Act (GCA), a Federal firearms licensee (FFL) cannot transfer firearms to them without complying with the GCA. Thus, when an FFL transfers an NFA firearm to a trustee or other person acting on behalf of a trust, the transfer is made to this person as an individual (i.e., not as a trust). As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. The individual must also be a resident of the same State as the FFL when receiving the firearm. “When purchasing an NFA firearm, the person acting on behalf of the trust will complete the ATF Form 4473, items 1 through 10b with his or her personal information. Item 11a “Are you the actual transferee/buyer of the firearm(s) listed on this form?” should be answered “YES”. The transferor will conduct the NICS check and complete Items 21a though 21c and Item 21d, if applicable. Item 22 will be left blank, as the transaction is not exempt from the NICS check.”
Links to other sources:
The Gun Trust Lawyer.com blog (full of helpful information)