Gun Trusts

Understanding Gun Trusts

Legal Protection for Firearm Ownership and Inheritance

A Gun Trust is a specialized estate planning tool designed to help gun owners manage, transfer, and protect their firearms, particularly those regulated by the National Firearms Act (NFA). At SMITH | ASHCRAFT, we can assist you in setting up a gun trust to ensure compliance with federal and state laws while securing your firearms for future generations.

What Is a Gun Trust?

A gun trust is a legal entity that owns firearms, including items like suppressors, short-barreled rifles, machine guns, and other NFA-regulated weapons. By placing these firearms in a trust, you can ensure their legal possession, transfer, and use in accordance with the law.

Key Benefits of a Gun Trust

Ease of Firearm Transfer

• A gun trust allows firearms to be transferred to beneficiaries without the need for an individual to undergo a background check or pay a transfer fee to the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives).
• Upon your death, the firearms can pass to the trust’s beneficiaries without needing probate or public disclosure.

Legal Compliance

• Gun trusts ensure that all NFA regulations are followed, including the proper registration and paperwork for restricted firearms.
• Provides legal protection for owners who want to ensure that firearms are handled in compliance with the law by anyone named in the trust.

Multiple Trustees

A gun trust allows multiple trustees to be named, giving them legal access to use and possess firearms in the trust. This can include family members or trusted individuals who are legally eligible to possess firearms.

This is especially helpful for family-owned firearm collections or for those who want to ensure a smooth transfer to heirs.

Protection of Privacy

Unlike the standard process of transferring firearms through individual sales or wills, a gun trust allows for greater privacy. The details of the trust and its firearms are generally kept confidential, helping to avoid public records.

Prevents Unintentional Violations

By placing firearms in a gun trust, gun owners can avoid potential legal issues, such as unintentional possession of firearms by individuals who are not legally allowed to own them.

Flexibility and Control

Gun trusts can be structured to meet specific goals, whether you want to designate who may use your firearms during your lifetime or dictate how they are to be distributed after your death.

Types of Firearms Covered by a Gun Trust

A gun trust can be used for any firearms regulated by the NFA, including:

• Suppressors
• Short-Barreled Rifles (SBRs)
• Short-Barreled Shotguns (SBSs)
• Machine Guns
• Destructive Devices
• Any Other NFA-Restricted Firearms

Why You Need a Gun Trust

Without a gun trust, transferring or bequeathing NFA firearms can be legally complicated, involving extensive paperwork and delays. A gun trust simplifies the process, ensures compliance, and provides peace of mind knowing your firearms will be transferred to your heirs legally and efficiently.

Why Choose SMITH | ASHCRAFT

At SMITH | ASHCRAFT, our attorneys have extensive experience in crafting gun trusts that meet both your needs and legal requirements. We ensure that your firearms are protected, your legacy preserved, and your family is equipped with a smooth, legal process for handling your firearm collection.

Contact us today to learn more about how a gun trust can protect your firearms and ensure compliance with the law.