What is the NFA?

NFA stands for the National Firearms Act.

The Act is a federal statute which imposes a statutory excise tax on the manufacture and transfer of certain firearms (such as gun suppressors, gun silencers, SBRs and machine guns) and mandates the registration of those firearms.

Useful NFA Links

What if I am making my own weapon and I have a gun trust?

After the trust is executed, you will need to provide ATF Form 1 and a copy of the trust to the ATF. ATF Form 1 is available on the ATF website. Download ATF Form 1 here.  Once you receive the tax stamp, you may purchase the parts necessary to make your own weapon.

PLEASE BE AWARE that you may not be in possession of all the parts necessary to manufacture the Class 3 weapon until you receive the tax stamp from the ATF.

What is the ATF?

ATF stands for the Bureau of Alcohol, Tobacco, Firearms and Explosives. The ATF enforces Federal statutes and regulations dealing with firearms and explosives.

Useful ATF Links:
Click here for the ATF web site.
Click here for the ATF’s National Firearms Act Handbook

What happens if the National Firearms Act is violated?

Individuals who violate the NFA act may be subject to substantial fines, criminal charges, and forfeiture of their weapons. 

A prepared gun trust is a revocable living trust, which is a trust created during your lifetime, which you can revoke or amend whenever you wish. A living trust has a Trustee(s) (who may be you) who has the responsibility of managing the property transferred to the trust. Upon your death, the Trustee is typically directed to distribute the trust property to the beneficiaries or to continue to hold it and manage it for the benefit of the beneficiaries.

A Successor Trustee is the person named in the revocable trust agreement who will assume control of the trust if the original Trustee(s) dies, or becomes unable or unwilling to act. There can be one or several back-up Trustees to take over the Trust in the order you designate.
A Trustee is a fiduciary. As a fiduciary, the Trustee stands in a position of confidence and trust with respect to the beneficiaries. Trustees must act in the best interests of the beneficiaries, and can be sued by the beneficiaries if they act improperly.

What happens to the Class III weapons upon the passing of the Grantor(s) of the Gun Trust?

The suppressors, silencers, fully automatic weapons, SBRs or other Class 3 weapons would typically go to the beneficiary. A properly drafted trust will address what the trustee must do to be in compliance with the law, and as well as what to do if the beneficiary is a minor.This is a brief synopsis regarding a revocable living trust, but is not intended to be all inclusive.

We encourage you to become familiar with Florida Statute 736 which details the rights and responsibilities of a trustee under a trust.

Florida Fish and Wildlife Conservation Commission to discuss whether gun suppressors (silencers) should be permitted during hunting

At its semi-annual public meeting, the Florida Fish and Wildlife Conservation Commission will hear discussion on whether gun suppressors (silencers) should be permitted during hunting.  Florida hunters may use silencers when hunting for wild hogs, coyotes and a few other small animals, but the new proposal applies to deer, coyotes, and various birds and animals. Florida sportsmen requested the proposed rule change, not the suppressor manufacturers, as some people are claiming.  Hunters are trying to save their hearing and be more considerate of others by the requested change.  To date, 32 states allow hunting with suppressors.

If the draft proposal was successful at the Sept. 10 meeting, another meeting will be held for final approval, at which the public will be permitted to speak.

Check back on our blog for any updates.