Since 2007, we have prepared over 800 gun trusts. We want to be your trusted resource, with over nine years of experience, working for you. Call us anytime with your questions, we are here for you before, during, and after the creation of your gun trust.

Are you thinking of buying a gun suppressor, silencer, fully automatic rifle, short barreled rifle (SBRs) or other Title II or Class 3 weapon? Our gun trust attorneys are knowledgeable in the area of creating NFA firearms trusts for purchasing such items.

A Gun Trust is a revocable living trust which you (as “Grantor”) may revoke or amend whenever you wish. The Trust has a “Trustee” (which may be you) that is responsible for managing the weapons that have been transferred to the trust. Upon your death, the Trustee distributes the weapons to the Beneficiary of the Trust.

We recommend that owners of Class 3 weapons avoid relying on boilerplate forms, trust software, or trusts that are not drafted by an attorney, because they may not comply with the unique issues involving suppressors, silencers, fully automatic rifles, SBRs, and other Title II or Class 3 weapons regulated by the National Firearms Act (NFA).

This is not a “do-it-yourself” trust. Our attorneys prepare and review each and every Trust, and an attorney will happily discuss any questions or concerns you may have.

Easily order your gun trust today or call Terri at 727-938-2255. We serve clients throughout Florida. We look forward to hearing from you!

Firearm Trust FAQs

Who regulates gun ownership? Gun ownership is regulated by the federal government and state governments. Federal government and state government laws can be different. As such, it is important to understand the law. We are pleased to provide a revocable firearms trust that is designed to address federal and Florida law. What kind of weapons will a gun trust allow me to buy? A Gun Trust allows individuals to purchase Title II or Class 3 weapons (e.g., suppressors, silencers, fully automatic rifles, machine guns, short barreled shotguns and short barreled rifles (SBRs)) in the name of the trust. What is a Trustee under a Gun Trust? A Trustee is a person who holds a position of confidence and trust with respect to the Beneficiaries and trust property (i.e., a fiduciary). Trustees must act in the best interests of the Beneficiaries and protect the property in the Trust. A Trustee may be sued by a Beneficiary if the Trustee acts improperly or against the best interests of the Beneficiary. What is a Successor Trustee? If a Successor Trustee is named in the Trust, they will assume control of the Trust if the original Trustee(s) dies or becomes unable or unwilling to act as Trustee. You can name one or more Successor Trustees. Who do you sell gun trusts to? We are pleased to cater to police officers, military personnel, responsible gun owners, and gun collectors. What types of items classify as Class 3 weapons? Class 3 weapons include: machine guns, sound suppressors, gun silencers, gun suppressors, fully automatic weapons, short barreled shotguns, and short barreled rifles (SBRs). Please refer to the ATF website for more examples. What is the difference between suppressors and silencers? The terms “suppressors” and “silencers” are used interchangeably. Both the United States Department of Justice and the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) refer to suppressors as silencers. What happens if the National Firearms Act is violated? Individuals who violate the NFA act may be subject to substantial fines, criminal charges, and forfeiture of their weapons. The gun trust prepared is a revocable living trust, which is a trust created during your lifetime, which you can revoke or amend whenever you wish. A living trust has a Trustee(s) (who may be you) who has the responsibility of managing the property transferred to the trust. Upon your death, the Trustee is typically directed to distribute the trust property to the beneficiaries or to continue to hold it and manage it for the benefit of the beneficiaries. A Successor Trustee is the person named in the revocable trust agreement who will assume control of the trust if the original Trustee(s) dies, or becomes unable or unwilling to act. There can be one or several back-up Trustees to take over the Trust in the order you designate. A Trustee is a fiduciary. As a fiduciary, the Trustee stands in a position of confidence and trust with respect to the beneficiaries. Trustees must act in the best interests of the beneficiaries, and can be sued by the beneficiaries if they act improperly. Why do I need a gun trust? A gun trust is not needed to obtain Class 3 weapons (machine guns, gun suppressors, gun silencers, fully automatic rifles, short barreled shotguns and short barreled rifles). There are significant benefits to purchasing an NFA Trust. (1) You may name other individuals as Co-Trustees so that they are permitted to use the Class 3/Title II weapons. If you purchase the weapon individually, no one else is permitted to use item. (2) You will name at least one beneficiary to receive the items upon your death or incapacity, thereby passing the items to the person you designate. (3) The named beneficiary will complete ATF Form 5 and will not have to pay the tax stamp to transfer the items into their name. Are there any possession issues I need to be concerned about with a trust? Yes. Possession is a critical issue that must be addressed to make certain that those individuals who will have access to the suppressors, silencers, fully automatic weapons, or other Class 3 weapons are not in danger of prosecution. These are issues that must be addressed in the trust. Safeguards, like a safe or lockbox, where only those legally permitted to possess the Class 3 weapons have access, are precautions to be considered. Once I get my trust from you, what do I need to do? You and each of the Trustees must execute the trust before a notary public and two witnesses. After the trust is completely executed, you will provide a copy of the trust to the gun shop where you are purchasing your Class 3 (Title II) weapon. The gun shop will assist you in completing ATF Form 4 and forward ATF Form 4 with fingerprints, photograph and ATF Form 5320.23, along with a complete copy of the trust to the ATF. You will pay the gun shop for the Class 3 weapon and the tax stamp at the time of purchase. Once you receive the tax stamp from the ATF, you will be able to pick up your Class 3 weapon. What if I am making my own weapon? After the trust is executed, you will need to provide ATF Form 1, including fingerprints and photographs, ATF Form 5320.23, and a copy of the trust to the ATF. ATF Form 1 is available on the ATF website. Download ATF Form 1 here . PLEASE BE AWARE that you may not be in possession of all the parts necessary to manufacture the Class 3 weapon until you receive the tax stamp from the ATF. Once you receive the tax stamp, you may purchase the parts necessary to make your own weapon. What is the NFA? Useful NFA Links

Click here if you have questions about firearms under the NFA

Click here if you have questions about silencers under the NFA

Click here for the National Firearms Act NFA stands for the National Firearms Act. The Act is a federal statute which imposes a statutory excise tax on the manufacture and transfer of certain firearms (such as gun suppressors, gun silencers, SBRs and machine guns) and mandates the registration of those firearms. What is the ATF? Useful ATF Links

Click here for the ATF web site.

Click here for the ATF’s National Firearms Act Handbook ATF stands for the Bureau of Alcohol, Tobacco, Firearms and Explosives. The ATF enforces Federal statutes and regulations dealing with firearms and explosives. Are there certain states that do not permit possession of Class 3 items? Yes. Fortunately, Florida is not one of those states. What happens to the Class 3 weapons upon the passing of the Grantor(s)? The suppressors, silencers, fully automatic weapons, SBRs or other Class 3 weapons would typically go to the beneficiary. A properly drafted trust will address what the trustee must do to be in compliance with the law, and as well as what to do if the beneficiary is a minor.This is a brief synopsis regarding a revocable living trust, but is not intended to be all inclusive. You are encouraged to become familiar with Florida Statute 736 which details the rights and responsibilities of a trustee under a trust. Why should I buy my firearms trust from the Davis Basta Law Firm? We are happy to answer any questions, offer outstanding customer service, have a quick turnaround time (usually within 2 business days), competitive rates, and we have been preparing firearms trusts for years. Please contact us for more information.

Florida Licensing

Florida Department of Agriculture and Consumer Services – Division of Licensing – Concealed Weapon or Firearm Program

For information regarding the National Firearms Act Branch, please see this link: http://www.atf.gov/files/publications/download/p/atf-p-5320-6.pdf