Friday, March 26, 2010

Do I need a gun trust?

Many times we have clients that come to us asking for a gun trust, but then will ask if they really need one. The simple answer is “no”. A person does not need to get a gun trust in order to get an NFA firearm (sometimes referred to as a class III weapon). You have other options besides the gun trust, but the gun trust has been a more convenient option for most people.

Instead of a gun trust, an individual can get what’s called a law enforcement certification. However, law enforcement agencies must give you a certification and many, if not most, are reluctant to give the certification. Some law enforcement agencies have a general policy not to give them. Understandably, a law enforcement agency doesn’t want the responsibility of assisting anybody in getting a class III weapon, especially if it later turns out that the individual is involved in some type of criminal activity.

Another option, instead of a gun trust, is for you to form a corporate entity. The use of a corporate entity does not provide the same privacy that a gun trust provides. There are also annual fees that must be paid to the state to maintain the corporation, whereas a gun trust does not. In the State of Florida, where our office is located, corporations must file an annual renewal which requires a fee paid to the state.

As you can see, although a gun trust is not required to own certain types of firearms, a gun trust provides a convenience in ownership that some of the other options do not.

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/