Are there any possession issues that I need to be concerned about with a gun trust?

Yes. Possession is a critical issue that must be addressed to make certain that the people who you choose to have access to your Class III item are not in danger of prosecution. These are issues that we address in all of our gun trusts. There are certain safeguards that should be utilized, like the use of a safe or lockbox, where only those individuals legally permitted to possess the NFA, or Class III item, have access. If you do not have a safe or lockbox, we always recommend one. All of the following frequently asked questions below involve possession issues:

If I have a gun trust, and I’m with a friend at the gun range, can he use the NFA firearm?

If I have a gun trust, can my wife use the NFA firearm if I’m not at home and an intruder breaks into the residence?

Can anyone mentioned in the gun trust utilize the NFA firearm, or class III item?

If I have a gun trust, who is allowed to utilize the NFA firearm, or class III item?

Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrusts.com/

We frequently get phone calls from out of state individuals as to whether they can have a gun trust if they live outside the State of Florida.

First, you need to know that there are certain states that do not even permit class III items. Fortunately, the State of Florida is not one of those states. When we get calls from out of state, we always suggest that they contact an attorney in their state who is familiar with gun trusts. Many times we will recommend our own attorney contacts in other states who are familiar with their state’s gun laws.

 

Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrusts.com/

What is a gun trust?

A gun trust is sometimes referred to as an NFA trust, Class III trust, or firearm trust. You can utilize a gun trust to deal with the difficulty that many individuals have in trying to get a law enforcement certification that is necessary to purchase or carry a NFA, or class III item. A class III item can include many different types of items, but the more common ones include firearms, and silencers.

The gun trust is one of the few mechanisms currently available so you can avoid having to get a law enforcement certification. Many of our clients have tried to get the certification, but end up coming to our law firm for a gun trust, because the certification can be quite difficult to get. A trust is an instrument by which you can have certain specified items held in it, by an entity or individual who manages the items, for the benefit of your named beneficiary. The beneficiary is an individual who will receive the item at a date certain specified by you.

A properly drafted trust is important for a number of reasons, but when you are talking about NFA firearms, probably the most important reason is to understand possession issues that can result in criminal prosecution. We highly recommended, if you are interested in a gun trust, to make sure an attorney prepares the gun trust for you, whether it be our firm or your personal attorney. The attorney must understand the specific terms that are necessary for a properly drafted gun trust.

Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrust.com/

What is the difference between an NFA trust, Class III trust, Firearm trust, and Gun trust?

There are many terms utilized for a gun trust, but typically when someone does make reference to an NFA trust, Class III trust, firearm trust, or gun trust, they are referring to a trust instrument designed to hold specific and certain types of items, namely NFA items, or also referred to as class 3 items (whether they be firearms, silencers or other items).

Generally speaking, a trust is an instrument by which a person can have certain specified items held in trust, by an entity or individual who manages the items, for the benefit of the beneficiary, who is typically an individual who will receive the item upon a certain event or at a certain date in the future.

The 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 and mandates the registration of those firearms. As a result, certain firearms are referred to as NFA firearms.

The phrase Class 3 refers to a special tax paid by a firearms dealer so they are permitted to deal in NFA firearms, and as a result, certain firearms are referred to as Class III firearms.

So if you hear the phrase NFA trust, Class 3 trust, firearm trust, or gun trust, there is usually no difference between them, just a different phrase to describe the same type of trust.

Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrusts.com/