A Gun Trust, often called an NFA Trust, is a legal trust designed to own and manage firearms regulated under the National Firearms Act (NFA).
These firearms may include:
- Suppressors (silencers)
- Short-barreled rifles (SBRs)
- Short-barreled shotguns (SBSs)
- Machine guns (where legally permitted)
- Destructive devices
A gun trust can simplify ownership, shared access, and transfer of certain regulated firearms.
Why Do People Create Gun Trusts?
Gun trusts are typically created for three main reasons:
1. Shared Legal Use
When an individual owns an NFA-regulated firearm personally, no one else may legally possess it without the owner present.
With a properly drafted gun trust:
- Multiple trustees can legally possess and use the firearm.
- Co-trustees may include spouses, adult children, or trusted individuals.
- This avoids accidental unlawful possession.
2. Estate Planning and Inheritance
Without planning, transferring NFA firearms at death can be complicated.
A gun trust:
- Provides clear instructions for who inherits the firearms.
- Helps avoid unlawful transfers.
- Allows the trustee to handle ATF compliance.
- May avoid probate delays depending on structure.
Proper planning ensures heirs do not accidentally violate federal law.
3. Privacy and Administrative Convenience
A trust may provide administrative clarity regarding:
- Who has authority over the firearms
- How transfers are handled
- What happens if a trustee becomes incapacitated
It also centralizes documentation and compliance responsibilities.
How Does a Gun Trust Work?
A gun trust is typically:
- Revocable during your lifetime
- Irrevocable upon death
- Structured to comply with federal and state firearms laws
The trust:
- Is created under state trust law.
- Applies to register NFA firearms with the ATF.
- Names trustees (who can legally possess the firearms).
- Names beneficiaries (who inherit upon death).
Each responsible person listed in the trust must comply with ATF fingerprinting, background check, and notification requirements.
What Is the National Firearms Act (NFA)?
The NFA is a federal law regulating certain types of firearms and accessories.
Ownership requires:
- ATF approval
- Background checks
- Tax stamps
- Proper registration
A gun trust does not eliminate these requirements — it simply provides a structured legal entity for ownership.
Are Gun Trusts Legal?
Yes — when properly drafted and compliant with federal and state law.
However:
- They must follow ATF regulations.
- State law must permit the specific firearm.
- Improper drafting can cause serious legal issues.
Generic or online template trusts may not adequately address compliance requirements.
Common Mistakes With Gun Trusts
- Using generic revocable trust forms
- Failing to update trustees
- Not understanding “responsible person” rules
- Improperly transferring firearms into the trust
- Not coordinating the trust with an overall estate plan
Firearms law is highly technical. Mistakes can result in criminal penalties.
Who Should Consider a Gun Trust?
A gun trust may be appropriate if you:
- Own or plan to purchase NFA-regulated firearms
- Want multiple people to legally possess them
- Want to simplify inheritance planning
- Want clear administrative control
It is not necessary for ordinary firearms that are not subject to NFA regulation (though it may still be used for estate planning purposes).
The Bottom Line
A Gun Trust (NFA Trust) is a specialized estate planning tool designed to ensure lawful ownership, shared use, and smooth transfer of regulated firearms.
Because federal firearms law is complex and strictly enforced, proper drafting and compliance are essential.
If you own NFA-regulated firearms or are considering purchasing them, consulting with an attorney familiar with both trust law and firearms regulations can help ensure your planning is done correctly.
