Frequently Asked Questions

Here are answers to the most frequently asked questions about trusts, firearms regulated by the National Firearms Act (e.g. silencers, short barrel rifles, full auto, etc.), ATF, and Gun Trust USA™.  For added peace of mind, consider using our ‘Ask a Lawyer’ service to obtain legal advice from an attorney at a discount.

Who is Gun Trust USA™

  • We have decades of experience in NFA Firearms, BATFE regulations, Law and Information Security.
  • We’ve helped over a 100,000 NFA firearm owners.
  • The Official Gun Trust of the American Suppressor Association.
  • Proud members of the NRA Business Alliance.

What are the ‘Key Benefits’ of using Gun Trust USA™?

What is a gun trust?

A trust is an agreement in which the person creating the trust entrusts property to a trustee for the benefit of a beneficiary. The trustee has special duties and powers for handling the trust property. After the death of the trust maker, the trust property may be distributed to the beneficiary. Without a trust, such a transfer of property upon death would be subject to the probate court system and public court records. Thus a trust can be a very attractive estate plan, particularly for those who value privacy. Learn more…

What is Executive Action 41F?

Gun Trust USA™ is the most cutting edge gun trust design currently available because it incorporate solutions for your future needs when the so-called 41F executive action takes effect. What’s 41F? It’s ATF’s new requirement that so-called ‘responsible persons’ of a trust must complete a form and attach fingerprints and a photograph, BUT this requirement only applies to the time when a trust submits an application to register a new NFA firearm after July 12, 2016. How does Gun Trust USA™ help you? We provide you personalized forms to remove responsible persons before an application and to re-add them later. Also, you Gun Trust USA™ documents will provide you and successors the latest guidance to help explain how to stay safe and legal.

How do I obtain a gun trust using Gun Trust USA™?

  • Provide information to be inserted directly into your Gun Trust USA™ documents.
  • Use a credit card for secure online payment.
  • Let us know if you want the Turnkey package!

What information must I possess to complete the Gun Trust USA™ documents?

  • Who will be the trustee after you? Must be 18 years old.
  • Who will receive your trust property after your death? You may also name an alternate person. These people can be any age.
  • What will be the name of your trust? Shorter the better. It must end in the word ‘trust.’ It does not need to be unique.
  • At any time in the future, you may use forms to add or remove people who can legally possess the NFA firearms in your trust.
  • Let us know if you want our Turnkey Package.

What is the Gun Trust USA™ Turnkey Package?

Imagine the feeling when someone hands you a stack of legal forms and says ‘go figure it out on your own.’ We designed the Turnkey Package to simplify the notarization of your documents and to help you organize all your gun-related documents in the future. Using our custom 3-ring binder and tab system you can organize you’ll have a place for everything from NFA tax stamps to hunting licenses. Learn more…

What does NFA mean?

National Firearms Act. This federal law dates back to 1933, and it regulates firearms like silencers, short barrel rifles, short barrel shotguns, and machine guns. Each NFA firearms requires payment of a tax and registration with BATFE.

What does Class 3 mean?

Class 3 refers to the type of gun dealer (aka ‘Federal Firearms Licensee’ or ‘FFL’), who can sell NFA firearms. NFA firearms are sometimes incorrectly called Class 3 firearms. Class 3 only refers to the type of FFL who can sell NFA firearms.

What does Title 2 mean?

The National Firearms Act and the regulation of NFA firearms are known as Title 2 of the federal gun control laws. Title 1 refers to the Gun Control Act, which regulates other firearms and gun dealers.

Does a trust give me a license to obtain NFA firearms?

You will not need a license for NFA firearms. Instead, you must pay a tax for each NFA firearm you transfer or make. The tax is almost always $200.

As proof of your tax payment and the required registration of your NFA firearm, the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) will issue a tax stamp in the name of your trust.

How do I obtain NFA tax stamps?

The most common reason requiring an NFA tax stamp is a transfer. A transfer is typically a retail purchase from a gun dealer. A reputable gun dealer will prepare the tax stamp paper work and submit it to BATFE. The other situation requiring a tax stamp is an application to make an NFA firearm, like the assembly of a short barrel rifle. In these cases, the trustee of the trust may submit the application directly to BATFE. Currently the convenient ATF eFile system is available for such an application by a trust.

Can I be the only person named in my trust?

No. Are trust cannot exist without certain elements, including a beneficiary (who can be any age). You must also identify a successor trustee (18 or older).

What is the age requirement to be in a trust?

Our trust cannot exist without certain elements, including a beneficiary (who can be any age). You must also identify a successor trustee (18 or older).

Does a trust require property to exist?

Yes, a trust must ALWAYS contain at least some property. Therefore your Gun Trust USA™ documents will document in writing that your trust always contains $1 cash.

Is there an advantage in using a trust to obtain a tax stamp?

Yes. When your trust is the applicant for a tax stamp, BATFE does not require the usual fingerprinting, photographs, or signature from your local Chief Law Enforcement Officer (CLEO). Thus, you will save much time, and you will avoid the problem of a CLEO who refuses to sign your application.

Does the trust skip legal requirements?

No. The trust may be used in full compliance with the National Firearms Act. A primary objective of the NFA is to register each NFA firearm and pre-approve the transfer or manufacture of an NFA firearm. An application of trust fulfills all these requirements.

Why should I be concerned with possession of NFA firearms?

The concern with possession is whether it constitutes an illegal transfer of a firearm. Each transfer of an NFA firearm requires a tax stamp (received in exchange for a tax payment). If a person possesses an NFA firearm outside the presence and control of the registered owner of that firearm, an illegal transfer has occurred. An illegal transfer is a felony with severe penalties.

Could the trust I create enable other people to possess the NFA firearms it contains?

Yes. A properly drafted gun trust can give eligible people the authority to possess NFA firearms held by that trust. Gun Trust USA™ documents inform you of who is eligible, and it provides contingency plans and requirements if a person in your trust becomes ineligible.

May I add or remove people in my trust?

You will receive forms to add and remove people in your trust who may legally possess NFA firearms in your trust.

What if I move to another state?

A valid trust will remain valid if you move to another state; however you must obey all local laws, especially those concerning firearms.

May a trust be used in a state where NFA firearms are illegal?

No. The trustee who acts on behalf of the trust may only acquire or possess firearms for the trust where that person is personally eligible to obtain or possess firearms under local law.

If I do not have the legal right to possess firearms, may I use a trust to gain access to firearms?

No.

Will a trust help me obtain NFA tax stamps from ATF faster?

Possibly. Unlike normal NFA tax stamp applications, a trust is eligible to use the ATF eFile system. The eFile system has often issued tax stamps faster than the traditional paper applications; however that is not always the case. Part of eFile has been deactivated for repair, but soon the firearms industry expects eFile to be replaced by a completely new and improved version.

May I put non-NFA firearms into a trust?

In most states, you may place non-NFA firearms into a trust; however you are responsible for knowing which states do not allow the transfer of non-NFA firearms to a trust. We recommend you use our ‘Pre-Paid Legal Advice’ service to obtain a discount consultation with an attorney to determine the law in your state.

If I put non-NFA firearms into my trust, will that information be publicly divulged?

Most gun trusts would divulge all the trust property to BATFE. A trust using Gun Trust USA™ documents will protect the privacy of your non-NFA firearms you put into your trust, subject to your state’s law.

FREE ASA Membership

Receive a FREE one year membership in the American Suppressor Association (ASA) with your Gun Trust USA™ purchase.

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Family Security

If anything happens to me, my family will know what to do thanks to Gun Trust USA™.

Jay R., Eagle, ID

Ready to create your own Gun Trust USA™ documents now?

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