I am interested in setting up a gun trust so I can legally purchase and own a suppressor/silencer.

My concern is that Obama has issued or will issue an executive order banning gun trusts. If such an executive order will exist, will it apply to suppressors, too?

No executive order has been issued that "bans" gun trusts; nor do I know of any proposed order that will do so. The proposed executive orders will merely impose more restrictions on gun trusts (e.g., fingerprinting requirements). Please see our article, "Obama's New Restrictions on Gun Trusts." 

With regard to your question about suppressors, I assume you are asking whether the executive order will prohibit individuals from owning suppressors through gun trusts. If so, then I know of no proposed executive order that will ban suppressors. A suppressor acquired through a gun trust will be treated the same as any other NFA weapon (e.g., machine-gun, short barreled rifle).

We are suggesting to all of our potential clients who are interested in owning an NFA weapon or suppressor through a gun trust to get one as soon as possible—before the new laws go into effect. Please let us know if you have any additional questions.

Electronic Filing of ATF Forms

The ATF has created an electronic filing system for ATF Form 1 and ATF Form 4.  At this time, the system is unavailable for the filings and it is unsure when the system will be available.  We will keep checking with the ATF and will post when it is up and running.

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). Without a firearms trust or corporation, prior to submitting Form 1 or Form 4 to the ATF, individuals must receive approval (certification) from their local chief law enforcement officer (“CLEO”). See: FEDERAL FIREARMS REGULATIONS REFERENCE GUIDEMany clients have indicated that law enforcement officers have been reluctant or simply refuse to give the certification to acquire suppressors, silencers, SBRs or other Class 3 weapons. This certification, as well as fingerprinting, is not necessary when you place the Class 3 weapons into a trust. Creating a corporation is another method available, but requires an annual fee and does not provide the privacy that a trust provides.

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 III 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 III weapons have access, are precautions to be considered.

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 and timely articles, visit our Gun Trust Blog

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 III weapon. The gun shop will assist you in completing ATF Form 4 and forward ATF Form 4 with a copy of the trust to the ATF. You will pay the gun shop for the Class III 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 III weapon.

What is a Successor Trustee?

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.

June 7 & 8 - Come out and visit us at the SunCoast Gun Show

Come out and visit us at the SunCoast Gun Show

Promoter

SunCoast Gun Show

Website: http://www.suncoastgunshows.com

Venue

Florida State Fairgrounds

4800 U.S. Highway 301 N

Tampa, FL 33610

June 7 & 8, 2014

Saturday 9:00am - 5:00pm

Sunday 9:00am - 4:00pm

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 without the need for having the local Chief Law Enforcement Officer (“CLEO”) to sign the certification for the purchase.

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.