PURCHASE YOUR GUN TRUST TODAY
We always answer people’s questions,
so we do not offer a “do-it-yourself” trust. The firm has never done business that way; we always welcome questions and take phone calls.
Since 2007, we have prepared over 800 gun trusts. We want to be your trusted resource, with over nine years of experience, working for you. Call us anytime with your questions, we are here for you before, during, and after the creation of your gun trust.
Are you thinking of buying a gun suppressor, silencer, fully automatic rifle, short barreled rifle (SBRs) or other Title II or Class 3 weapon? Our gun trust attorneys are knowledgeable in the area of creating NFA firearms trusts for purchasing such items.
A Gun Trust is a revocable living trust which you (as “Grantor”) may revoke or amend whenever you wish. The Trust has a “Trustee” (which may be you) that is responsible for managing the weapons that have been transferred to the trust. Upon your death, the Trustee distributes the weapons to the Beneficiary of the Trust.
We recommend that owners of Class 3 weapons avoid relying on boilerplate forms, trust software, or trusts that are not drafted by an attorney, because they may not comply with the unique issues involving suppressors, silencers, fully automatic rifles, SBRs, and other Title II or Class 3 weapons regulated by the National Firearms Act (NFA).
This is not a “do-it-yourself” trust. Our attorneys prepare and review each and every Trust, and an attorney will happily discuss any questions or concerns you may have.
Easily order your gun trust today or call Terri at 727-938-2255. We serve clients throughout Florida. We look forward to hearing from you!
Firearm Trust FAQs
Who regulates gun ownership?
What kind of weapons will a gun trust allow me to buy?
What is a Trustee under a Gun Trust?
What is a Successor Trustee?
Who do you sell gun trusts to?
What types of items classify as Class 3 weapons?
What is the difference between suppressors and 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.
Why do I need a gun trust?
A gun trust is not needed to obtain Class 3 weapons (machine guns, gun suppressors, gun silencers, fully automatic rifles, short barreled shotguns and short barreled rifles). There are significant benefits to purchasing an NFA Trust. (1) You may name other individuals as Co-Trustees so that they are permitted to use the Class 3/Title II weapons. If you purchase the weapon individually, no one else is permitted to use item. (2) You will name at least one beneficiary to receive the items upon your death or incapacity, thereby passing the items to the person you designate. (3) The named beneficiary will complete ATF Form 5 and will not have to pay the tax stamp to transfer the items into their name.
Are there any possession issues I need to be concerned about with a trust?
Once I get my trust from you, what do I need to do?
What if I am making my own weapon?
What is the NFA?
Click here if you have questions about firearms under the NFA
Click here if you have questions about silencers under the NFA
Click here for the National Firearms Act
What is the ATF?
Click here for the ATF web site.
Click here for the ATF’s National Firearms Act Handbook
Are there certain states that do not permit possession of Class 3 items?
What happens to the Class 3 weapons upon the passing of the Grantor(s)?
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. 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 2 business days), competitive rates, and we have been preparing firearms trusts for years. Please contact us for more information.
For information regarding the National Firearms Act Branch, please see this link: http://www.atf.gov/files/publications/download/p/atf-p-5320-6.pdf
Minimum Age to Purchase and Possess Firearms in Florida
The following is a summary of Florida Law and federal law regarding the minimum age required to possess or own firearms in Florida. This summary is split up between long guns (e.g., rifles, shotguns) and handguns, and is further broken down into differences between federal law and Florida Law. In most cases, Florida follows the federal law.
I. Federal Law – Long Guns
Federal law prohibits anyone with a Federal Firearms License (FFL) from selling or transferring a long gun to any person under the age of 18. Federal law does not provide an age limitation with respect to the sale of a long gun by a private seller to someone under the age of 18. There is also no minimum age requirement for the possession of a long gun.
II. Florida Law – Long Guns
III. Federal Law – Handguns
Federal law prohibits dealers from selling or delivering handguns to anyone under the age of 21. Federal law also prohibits the possession of a handgun by any person under the age of 18. Federal law allows the sale of a handgun by a private individual to a person over the age of 18; thus, possession of a handgun by a person over the age of 18 is also allowed.
IV. Florida Law – Handguns
According to Florida law, a person over the age of 18 may lawfully possess a handgun, and may purchase a handgun from a private individual. However, Florida law prohibits dealers from selling handguns to anyone under the age of 21.
*Unless there are circumstances that arise requiring attorney consultation and additional research.
Davis Basta Law provides firearm trusts for gun owners throughout Florida including 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, Miami-Dade, 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.