Southwest Florida

Gun Trust FAQs

Legally, you have no obligation to prove ownership of your NFA firearm to a LEO, such as a police officer, sheriff, or fish and wildlife officer, any more than you’d need to prove ownership of your rifle or handgun.  Only an ATF officer (and maybe the IRS) has the legal authority to demand to see your tax stamp. However, if you’d prefer not to spend a day or night in jail while things get sorted out, common sense and basic courtesy suggests you produce a copy of your tax stamp to any law enforcement officer who asks to see it. That’s all that’s required. You don’t have to carry a copy of your trust around. (Although I do have several clients who store a copy of their trust and their stamps in the cloud so they can access them if absolutely necessary). Keep your original stamps somewhere safe, put a copy in your gun trust binder, and keep a copy with the NFA item AT ALL TIMES.

As long as you have your tax stamp in your possession and the weapons are within a few feet of you, share away.

Technically, under NFA rules, if they are not ATF officers, you don’t need to produce your tax stamp. However, since you’re a guest on the property, they can legally ask you to leave if you don’t follow their rules. And if you refuse to leave, they can have the police forcibly remove you from the property. Which could lead to bigger problems. So, don’t be that guy or girl – show them your tax stamp.

Maybe. It depends on how the gun trust is written. Some trusts allow the Grantor of the trust to temporarily appoint a lifetime beneficiary and special trustee for a limited period of time for specific reasons. This temporary trustee must not have any powers that would qualify him or her as a Responsible Person under the new NFA regulations. But all the legal ducks must be in a row for this to be done to comply with the law. Discuss this with the attorney who drafted your gun trust.

Most gun trusts are a type of revocable living trust, which provides absolutely no liability protection to you or anyone using any of the guns – NFA or not – held in the trust. You have the same liability you’d have if the firearm were not held in a trust. If you allow an adult to use your firearm and you’ve done your due diligence (you know she isn’t a criminal and doesn’t have a history of carelessness, drug or alcohol abuse, anger issues, domestic violence, etc.), you’ve maintained the firearm properly, and you had no reason to believe the weapon would be used unlawfully, then it would be difficult (I can’t say impossible) for a victim to successfully sue you.

You wonder whether your granddaughter will think of you fondly when you’re not around anymore.

You want to make sure someone will love and care for your dog, horse, or parrot when you can’t.

Your spouse doesn’t share your love for guns, and you fear your collection could be sold for almost nothing – or even destroyed – instead of being passed on to your children or others who share your passion.

Contact us today. We can help.