Gun Trusts
Are you thinking of buying gun suppressors, silencers or other Class 3 weapons?
Gun ownership is regulated by the federal government; therefore, it is important to understand the law. We are pleased to provide a Revocable Firearms Trust that is designed to address federal and Florida laws allowing the owners of Class 3 weapons (e.g., gun suppressors, gun silencers, machine guns, short barreled shotguns and short barreled rifles) to place them in trust.
The gun trust is a revocable living trust which you may revoke or amend whenever you wish. The Trust has a Trustee(s) (who may be you) who has the responsibility of managing the suppressors, silencers and other Class 3 weapons that have been transferred to the Trust. A Trustee is a fiduciary who holds a position of confidence and trust with respect to beneficiaries. Trustees must act in the best interests of beneficiaries and may be sued by beneficiaries if they act improperly.
Upon your death, the Trustee is typically directed to distribute the suppressors, silencers and other Class 3 weapons to your beneficiaries or to hold and manage them for the benefit of your beneficiaries. The Successor Trustee(s) named in the Revocable Trust will assume control of the Trust if the original Trustee(s) dies or becomes unable or unwilling to act. You can name one or more Successor Trustees.
We recommend that owners of Class 3 weapons do not rely on boilerplate forms or software designed to create trusts as they may not deal with the special issues involving suppressors, silencers, and other Class 3 weapons regulated by the National Firearms Act (NFA).
We charge a flat fee of $395.00* which includes regular mailing costs. This is not a “do-it-yourself” trust. Our attorneys prepare and review each and every Trust, and our office is happy to discuss any questions or concerns you may have.
Click below to easily order your gun trust today or call Terri at 727-938-2255 for more information. We serve clients throughout Florida. We look forward to hearing from you.
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Firearm Trust FAQs
What types of items classify as Class 3 weapons?
Class 3 weapons include: machine guns, sound suppressors, gun silencers, gun suppressors, short barreled shotguns, and short barreled rifles. Please refer to the ATF website for more examples.
What is the difference between suppressors and silencers?
The terms "suppressors" and "silencers" are used interchangeably. Both the United States Department of Justice and the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) refer to suppressors as silencers.
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.
The gun trust prepared 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.
Some other questions frequently asked by individuals seeking a gun trust include:
Why do I need a gun trust?
A gun trust is not needed to obtain Class 3 weapons (machine guns, gun suppressors, gun silencers, short barreled shotguns and short barreled rifles). Without a firearms trust or corporation, prior to submitting Form 1 or Form 4 to the ATF, individuals must receive approval (certification) from their local “chief law enforcement officer.” See: FEDERAL FIREARMS REGULATIONS REFERENCE GUIDEMany clients have indicated that law enforcement officers have been reluctant or simply refuse to give the certification to acquire suppressors, silencers or other Class 3 weapons This certification, as well as fingerprinting, is not necessary when you place the Class 3 weapons into a trust. Creating a corporation is another method available, but requires an annual fee and does not provide the privacy that a trust provides.
Are there any possession issues I need to be concerned about with a trust?
Yes. Possession is a critical issue that must be addressed to make certain that those individuals who will have access to the suppressors, silencers or other Class III weapons are not in danger of prosecution. These are issues that must be addressed in the trust. Safeguards, like a safe or lockbox, where only those legally permitted to possess the Class III weapons have access, are precautions to be considered.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 and machine guns) and mandates the registration of those firearms.What is ATF?
ATF stands for the Bureau of Alcohol, Tobacco, Firearms and Explosives. The ATF enforces Federal statutes and regulations dealing with firearms and explosives.Are there certain states that do not permit possession of Class III items?
Yes. Fortunately, Florida is not one of those states. If you live outside of Florida, call us to get a referral; we have several contacts in other states who prepare gun trusts.
What happens to the Class III weapons upon the passing of the Grantor(s)?
The suppressors, silencers, or other Class 3 weapons would typically go to the beneficiary. A properly drafted trust will address what the Successor 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. You are encouraged to become familiar with Florida Statute 736 which details the rights and responsibilities of a trustee under a trust.
Why should I buy my firearms trust from the Davis Basta Law Firm?
We are happy to answer any questions, offer outstanding customer service, have a quick turnaround time (usually within 48 hours), competitive rates, and we have been preparing firearms trusts for years. Please contact us.
For more information and timely articles, visit our Gun Trust Blog
What is the NFA?
What is the ATF?
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*Unless there are circumstances that arise requiring attorney consultation and additional research.
Davis Basta Law provides firearm trusts for gun owners in the following Florida counties: Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, Dade, De Soto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceloa, Palm Beach, Pasco, Pinellas, Polk, Putnam, St. Johns, St. Lucie, Santa Rosa, Sarasota, Seminole, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington.