Tag Archives: Trusts

If I currently own a silencer when I transfer it to the gun trust will I have to pay the $200 tax stamp again?

Yes, once you transfer it to the trust, it is considered a new owner, so the ATF requires the $200 tax stamp again. If you put the item into a trust, at the time of your death, if you pass the items to an heir, they will not need to pay the $200. If you do not put it into trust, at the time of your death, in order to take possession of the item, your heir would have to pay the tax stamp.

Why would someone want a gun trust?

Many clients have indicated that law enforcement officers have been reluctant or simply refuse to give the certification to acquire suppressors, silencers, SBRs 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.

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). 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 (“CLEO”). See: FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE