NFA Gun Trusts

An NFA (National Firearms Act) gun trust is a legal instrument used in the United States to facilitate the handling and ownership of firearms regulated under the National Firearms Act. In Missouri, as in other states, an NFA gun trust can provide several benefits for individuals who own or intend to own NFA items, such as suppressors (silencers), fully automatic firearms, short-barreled rifles, and short-barreled shotguns.

Key Features and Benefits of an NFA Gun Trust

Easier Transfer and Management

NFA items are heavily regulated, and individuals must obtain approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and pay a tax stamp for each item. A gun trust simplifies the process of transferring these items by allowing them to be held by the trust rather than by an individual. This can facilitate easier transfers to heirs without the need for each heir to go through the entire ATF application process.

Multiple Responsible Persons

A gun trust can have multiple trustees, referred to as “responsible persons.” These individuals have legal authority to handle and possess the trust’s NFA items. This is beneficial for situations where multiple family members or associates might use or have access to firearms.

Avoidance of Probate

Since the trust owns the firearms, they do not become part of an individual’s estate at death and, therefore, do not go through probate. This helps ensure privacy and a smoother transition of ownership.

Legal Compliance

The trust helps ensure compliance with both federal and state laws concerning firearm ownership and transfer. Trustees are responsible for ensuring that all actions taken with regard to the trust’s firearms comply with the law.

Continuity

In the event of the death or incapacity of the primary trustee, the trust continues to exist, and the successor trustees can manage the firearms without interruption or the need for legal proceedings.

Conclusion

Setting up an NFA gun trust typically requires the assistance of a lawyer who is familiar with both firearms law and trust law. The trust document must be carefully drafted to comply with specific ATF requirements and Missouri state laws. Once the trust is established, firearms can be purchased directly by the trust or transferred into the trust from the current owner’s personal collection.

If you’re considering setting up an NFA gun trust in Missouri, it’s crucial to consult with a legal expert in this specialized area to ensure that your trust complies with all applicable laws and serves your specific needs.