NFA Gun Trust Frequently Asked Questions (FAQs)
NFA Gun Trust Frequently Asked Questions (FAQ's)
Our NFA Gun Trust Frequently Asked Questions (FAQ's) refer to and pertain to our NFA Gun Trusts. You can learn more about our NFA Gun Trusts or buy your NFA Gun Trust here.
What is an NFA firearm?
A NFA Firearm is a firearm that is regulated under the National Firearms Act (NFA). NFA firearms include, fully automatic machine guns, short-barreled rifles (SBR), short-barreled shotguns (SBS), silencers for firearms, and AOW (any other weapons - cane guns, knife guns, pen guns, etc) . All National Firearms Act firearms require a tax stamp for a citizen to legally own them. Fully automatic machine guns, short-barreled rifles (SBR), short-barreled shotguns (SBS), silencers for firearms require a $200 tax stamp, where as AOW firearms only require a $5 tax stamp.
NOTE: Fully automatic machine guns manufactured before 1986 are the only fully automatic machine guns thats are allowed to be owned by citizens. *Under the Firearm Owner’s Protection Act of 1986 (FOPA).
How can I legally own and use NFA firearms?
There are a few ways that you can legally own and use NFA firearms. You can own/purchase NFA firearms, through the use of a NFA Gun Trust here. Also, corporations, limited liability companies, partnerships and individuals without a NFA Gun Trust can also legally own/purchase NFA firearms. Although on a federal level NFA firearms are allowed to own under the above entities. But the state that you live in might not allow you to own/purchase NFA firearms. You can search our website to find out if your state does allow for you to own/purchase a NFA firearm.
What is a NFA Gun Trust?
A NFA Gun Trust is trust document that caters to the National Firearms Act and firearm laws. NFA Gun Trusts are generally used for citizens to legally own/purchase and use NFA firearms. NFA Gun Trusts are also used to legally pass down NFA and non-NFA firearms that a member has acquired over the period of his life. NFA Gun Trusts also describe how the items in the NFA Gun Trust are going to passed on after the settlor is incapacitated, passes away, or is no longer able to manage the trust.
What do the new ATF 41F regulations mean?
Before the ATF 41F regulations were enacted on July 13th, 2016, citizens were allowed to purchase NFA firearms with a gun trust like today, but the responsible persons in the trust were not required to send in fingerprint cards and photo cards. After the ATF 41F laws were enacted all citizens who are applying for NFA firearms with or without a NFA Gun Trust are required to send in photo cards, fingerprint cards and the responsible persons form. NOTE: All responsible parties of a NFA Gun Trust are required to send in photo cards, fingerprint cards and the responsible persons questionnaire.
What are the benefits of a NFA Gun Trust?
With a NFA Gun Trust, NFA firearms are registered to the NFA Gun Trust, meaning that multiple citizens are allowed to use and possess the NFA firearms through the life of the NFA Gun Trust. You are able to pass on the NFA items onto beneficiaries in the event that you are incapacitated, upon death, or unable to mange the NFA Gun Trust. This can be done using the ATF Form 5.
Can you have a single settlor trustee NFA Gun Trust or do you need a co-trustee?
Yes, you can have a NFA Gun Trust that just has you as the settlor. NFA Gun Trusts don’t require co-trustees. Conversely, there is no limit to that amount of co-trustees for your NFA Gun Trust. Note: Every responsible person in your NFA Gun Trust - settlor and co-trustees are required to submit photo cards, fingerprint cards and the responsible persons questionnaire for every NFA firearms purchase.
Can I change my NFA Gun Trust if things change in the future?
Yes, we have amendments on hand that we supply with every NFA Gun Trust that you can use to change beneficiaries, add/remove co-trustees, etc. You are able to amend your NFA Gun Trust at any time. Note: Keep the original amendments with the NFA Gun Trust to ensure your NFA Gun Trust is up to date.
Who is legally allow to use the items in a NFA Gun Trust?
Only the co-trustees listed on your NFA Gun Trust are allowed to use the NFA firearms in the trust.
Does a NFA Gun Trust eliminate the background check requirement for firearms?
No. All NFA firearms transfers require a background check for every responsible person in the gun trust. This includes the co-trustees on the NFA Gun Trust.