National Firearms Gun Trust
Wood, Atter & Associates, P.A., a Florida law firm based in Jacksonville, understands each citizen's right to bear arms according to the United States Constitution, federal, state, and local laws. Based on laws enacted prior to and after "911", restrictions and regulations apply to the purchase and ownership of Class 3 Firearms.
Under the National Firearms Act, a Class 3 Firearm is defined as a machine gun, sound suppressor (a.k.a. silencer), short barreled shotgun, short barreled rifle, destructive device and "any other weapon". Your local gun shop can help you decide if you need to register your intended purchase.
In order for an individual to purchase and own a Class 3 Firearm, the Chief Law Enforcement Officer for the city or county where the individual resides is required to sign a documented called a Form 4 Unfortunately, many Chief Law Enforcement Officers have been reluctant or outright unwilling to sign such a document. If you would like to legally purchase and own a Class 3 Firearm, a "Gun Trust" can assist you with this endeavor. The "Gun Trust" would purchase and hold title to the gun. The local government does not complete the background checks, but the federal government will verify and investigate the application.
"Gun Trusts", are sometimes refereed to as a Firearms Trust or Firearms Revocable Trust. A Gun Trust, Limited Liability Company (LLC), or Corporation is a legal entity established under state law. Many individuals prefer the Revocable GunTrust over a corporation or LLC because it is less expensive to operate and provides privacy. Florida businesses typically spend $150 a year on state filing fees. Additionally there are the costs of a Certified Public Accountant to prepare and file the federal filings. Florida trusts do not require any disclosure or public filings. As such, the only people who know the terms of the trust are those you choose to tell or provide a copy of the trust documents.
Although most Florida Revocable Trusts can hold firearms, many are not setup properly to deal with the special issues involving items regulated by the National Firearms Act (NFA). When the NFA is violated, the individuals who violate the act are subject to substantial fines, criminal charges, and forfeiture of all weapons (not just those regulated).
In addition the trust must deal give the Trustee special powers and instructions on how to deal with unplanned events. Assets in a Firearms Trust can not be distributed like other assets upon the incapacity or death of the Grantor or Settlor.
Although most Florida Revocable Trusts can hold firearms, many of these trusts are not properly written to deal with the special issues involving items regulated by the National Firearms Act (NFA). When the NFA is violated, the individual, who violates the act is subject to substantial fines, criminal charges, and forfeiture of all weapons (not just those regulated).
A properly prepared Gun Trust also contains provisions dealing with death, incapacity, and transfer of the firearm. Assets in a Gun Trust cannot be distributed like other assets upon the incapacity or death of the Grantor or Settlor of the trust.
One needs to be careful when reviewing information dealing with revocable trusts for NFA purchases. Each state has different laws, and we have observed that much of the information is inaccurate.
A properly created trust for obtaining and holding Firearms is a complicated document. A licensed attorney should review any trust prior to the acquisition or transfer of regulated firearms.
We also can review your current Firearms trust and provide modifications if necessary to help protect you from the fines, forfeiture and criminal charges that can be associated with the ownership or transfer of items through improper documentation.
Our lawyers are pleased to offer clients legal expertise in all aspects of living trusts including those dealing with Firearms regulated by the National Firearms Act. We understand that the right to bear arms is a constitutional right that is not absolute under current state and federal laws. In order to comply with state and federal laws, we can assist you with a Gun Trust or other entities. See
Florida Gun Trust or National Firearms Trust for more information