How to Add ATF 4473 Approved Silencers Into Your Gun Trust

The typical process to add NFA firearms and Title 1 firearms into your gun trust is to add them using the assignment sheet.  NFA firearms require an approved tax stamp in the name of the gun trust to add them to the gun trust.  Title 1 firearms owned by the settlor can be added using the assignment as needed.

But what happens when a silencer is transferred directly to an individual using an ATF Form 4473 only, without an approved ATF Form 4 or tax stamp?

Unfortunately, neither the ATF nor the DOJ has provided specific guidance addressing this situation. We don’t recommend assuming that a silencer transferred only on an ATF 4473 to an individual can be simply assigned to a gun trust using the assignment sheet like an ordinary Title 1 firearm. The ATF Form 4 / ATF eForm 4 application ties the approved ATF Form 4 to a specific individual, gun trust, or other legal entity receiving the firearm. However, the newer ATF 4473-only silencer transfers do not currently provide the same clear mechanism for changing ownership from the individual to a trust. 

For now, owners should retain their ATF Form 4473-related purchase documentation and avoid attempting to transfer ownership to their gun trust unless and until there is clear guidance from the ATF or DOJ which describes that process. We will keep updating our site with more information as it is provided by the ATF or DOJ.