Frequently Asked Questions

All of the firearms in a Gun Trust avoid the probate process. This means your Beneficiaries will receive the property in your trust without the interference of the courts. You save a lot of money in court costs, eliminate any public record concerning the firearms in your trust, and expedite the transfer process.

With a Gun Trust you can have Supporting-Trustees that can legally be in possession of the NFA firearms in the Gun Trust. When an NFA item is owned by an individual they are the only person that can legally be in possession of the NFA firearms.

If you own NFA items as an individual and something happens to you that makes you a “Prohibited Person,” you will lose your NFA firearms. This happens because you are the only person legally allowed to possess the firearms. The ATF swoops in and takes the NFA firearms from you and they are automatically destroyed.

People often think this isn’t an issue that could ever affect them, but it actually happens all the time. Did you know that all it takes to become a “Prohibited Person” is for someone to file a restraining order against you? You don’t even have to be found guilty of anything, just accused. All that has to happen is for someone to convince a judge that they are scared of you. This happens all the time in divorce cases and domestic situations. This is just one example of the many things that can happen to make you a Prohibited Person.

Unlike the situation above, if your firearms are in a Gun Trust and a restraining order is filed against you, the trust firearms can be given to a Co-Trustee or the Successor Trustee until you get through the “Restraining order Period.” That way you are guaranteed to get all of your toys back.

Are Machine Guns Legal?


The short answer is ‘Yes!’ but there are some things you need to know.
While there are all kinds, types, brands, styles, etc. of machine guns, there is really only one important distinction that needs to be made… When was the machine gun manufactured? The reason that the date is so important, is because a law was passed in 1986 that made the manufacture of most machine guns illegal. However, machine guns manufactured prior to 1986 were grandfathered, so they can be legally transferred (bought & sold).
The 1986 law effectively divided machine guns into two distinct classes: Machine Guns manufactured before May 19, 1986, and Machine Guns manufactured on or after May 19, 1986
Pre 1986 Machine Guns
You have two options when it comes to purchasing a machine gun that was manufactured before 1986. 1st – Purchase with a Form 4, 2nd – Get a C & R License. We will cover each of these methods in a bit more detail below.
Purchase using a Form 4 Application
To purchase a machine gun using a Form 4, all you need to do is submit a Form 4 Application to the ATF. And, of course, you need to verify it’s legal to own machine guns in your state. There are some Pros and Cons to this method of purchasing a machine gun:
Pros:
✓	It is a fairly simple process – Just Create your Gun Trust, fill out your Form 4, then pick up your machine gun when you receive your Tax Stamp. For detailed instructions you can read our article Ten Steps to a Tax Stamp.
✓	Pre 1986 Machine Guns are transferable – This means you can sell your machine gun down the road. But, why would you ever want to do that?!
✓	Easy to come by – There are lots of pre 1986 machine guns on the market.
Cons:
✓	The biggest negative to this method is the expense. For example, a Fully-Automatic Colt M4 can easily cost $30,000.
✓	The farther we get from 1986, the fewer machine guns you’ll find for sale.
✓	Another negative is that these guns are at least 30 years old. That means they’ve had thousands upon thousands of rounds fired through them. Gins have a limited life-span and getting replacements parts for these guns (especially for the fully-automatic mechanisms) can be a serious pain.
Curios & Relics License
To be considered a Curio & Relic by the ATF, a machine gun must meet one of the following conditions:
It must have been manufactured at least 50 years ago; or
It must be certified as a curio or relic of museum interest by the curator of a municipal, State, or Federal museum that exhibits firearms; or
It must derive a substantial amount of its monetary value from the fact that it is novel, rare, bizarre, or associated with some historical event, period, or figure.
You will have to obtain a Type 03 FFL – Collector of Curios and Relics, which costs $30 for a 3-year license. Getting a Type 03 FFL is easier than other types of FFLs, but you are more limited in what you can do. Just like the Form 4 method, there are some Pros and Cons to purchasing a machine gun with a C & R license:
Pros:
✓	You can buy and sell curios or relics at any location
✓	You can buy and sell curios or relics from/to an individual residing in the same State, who is not otherwise prohibited by the GCA,
✓	You can buy and sell curios or relics from/to other Federal firearms licensee in any State
Cons:
✓	C & R firearms are usually expensive
✓	By definition, C & R firearms are extremely old
✓	You can’t “engage in the business” of buying and selling curios and relics, which means you can’t buy and sell to earn a living
✓	You can’t acquire firearms other than curios or relics using a collector’s license.
✓	Licensed collectors have no special privileges with regard to firearms that are not curios or relics.
Post 1986 Machine Guns
There are two ways to acquire a machine gun that was manufactured after 1986. You can buy a post 1986 machine gun if you have a Type 1 Federal Firearms License and a Class 3 Special Occupational Tax (Dealer of NFA Firearms). Or, you can build a machine gun if you have a Type 7 Federal Firearms License and a Class 2 Special Occupational Tax (Manufacturer of NFA Firearms). But, just like pre ’86 machine guns, there are some big considerations to take into account.
Buying Machine Guns Manufactured after 1986
A Dealer of NFA Firearms can purchase “Dealer Sample” machine guns that were manufactured after 1986, but there are definitely some things you need to consider:
Pros:
✓	By far the biggest benefit is the price. The same Fully-Automatic Colt M4 ($30,000 in the previous example) may cost as little as $1,000.
✓	You are buying a brand new machine gun – not some 50 year-old piece of scrap metal
✓	You can easily obtain silencers, SBR’s, SBS’s, etc., without paying the $200 tax for each item.
Cons:
✓	The process of becoming a Dealer of NFA Firearms requires obtaining your Federal Firearms License (FFL) and then paying your Special Occupation Tax (SOT). The process involves a lot of paperwork and an interview with an ATF Investigator.
✓	The initial cost of your Type 01 FFL is $200. The license is good for three years, then costs $90 to renew for each three-year period. The cost of the SOT is $500 each year. If you don’t pay the fee every year, you have to turn over all of your NFA items to the ATF.
✓	You need an ATF Law Letter to purchase a dealer sample machine gun. In order to be approved to possess a Dealer Sample machine gun, you have to obtain a letter from a Chief Law Enforcement Officer that states the law enforcement agency wants you to demonstrate a machine gun for them.
✓	You need to get a Law Letter for each machine gun that you want to purchase and Law Letters are hard to come by. CLEO’s don’t want to be held responsible for putting fully automatic machine guns into circulation.
✓	You can never sell your machine gun to anyone other than another Class 3 Dealer.
Manufacturing Machine Guns
To manufacture a machine gun you must have a Type 7 Federal Firearms License and a Class 2 Special Occupational Tax (Manufacturer of NFA Firearms). Once you become a Manufacturer of NFA Firearms, you can build all the “dealer Sample” machine guns you want. But… you guessed it… there are some major drawbacks to this route:
✓	The biggest downside to getting a Class 2 Manufacturer License is the cost. The Type 7 FFL Costs $150 every 3 years, the Class 2 SOT costs $500 every year, and the ITAR fee can be as much as $2,250 per year. ITAR is a Tariffs & Regulations fee, which is a hot topic of conversation by manufacturers. Some people say you don’t need to pay the fee unless you export firearms, some say you have to pay the fee no matter what, and some say it depends on the number of firearms you manufacture.
Finding a definite answer in the ATF literature is nearly impossible, so your best bet is to contact an ATF agent and ask them directly. The ATF Agent we work with says that the ITAR fee is only required if you actually sell machine guns to a law enforcement agency. And then, it is not a flat fee, but rather it is based on the total amount of machine gun sales.
If you are interested in getting your Federal Firearms License, click below and we will help you out.


Get your Federal Firearms License Now

Traveling with NFA Firearms?

If you are planning to travel to another state with your NFA firearms, you’ll need permission from the ATF before you leave. To get permission, you’ll need to submit an Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms (Form 20) to the ATF at least 30 days before your trip. An approved Form 20 will permit you to travel with your firearms for up to one year. If you need more than one year, you’ll have to submit another Form 20.

If you are permanently relocating to another state you’ll want to check the box on the Form 20 that says the firearms will not be returned to their original location.

Warning! An approved Form 20 does not give you permission to violate state law. That means it’s your responsibility to make sure the state you are visiting allows possession of NFA firearms.

Click below to create your Form 20.

What Does NFA Mean?


The National Firearms Act (NFA) was passed in 1934 as an attempt to deter gangsters (like Al Capone) from shooting up the town and committing other violent crimes. The Feds reasoned that crime would go away if they taxed the guns used by the gangsters. The original amount of the tax was $200, which has remained unchanged to this day. We know a $200 tax doesn’t sound like a very significant deterrent to crime, but $200 in 1934 is equivalent to $3800 today.
Nevertheless, as criminals don’t register their guns, the tax only imposes a burden on law abiding citizens. Not only does the $200 tax strain finances, it is also a restriction on the Constitutional freedom to bear arms, as guaranteed under the 2nd Amendment.
Firearms subject to the 1934 National Firearms Act include:
	Shotguns with a barrel (or barrels) less than 18 inches in length;
	Weapons made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
	Rifle having a barrel or barrels of less than 16 inches in length;
	Weapons made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
	Any Other Weapon (AOW), as defined in subsection (e);
	Machine Guns;
	Silencers (as defined in section 921 of title 18, United States Code); and
	Destructive Devices

Type 1, Title II, or Class 3… Uggh!


These terms get a lot of people really confused. Which is understandable, as the terms are so frequently misused. In a nut-shell: Type refers to the Gun Dealer’s Federal Firearms License (FFL); Title refers to the type of firearm; and Class refers to a Firearms Dealer’s Special Occupational Tax (SOT). Here is a bit more detail on each of the terms:
Types of Federal Firearms Licenses
Type 01 – Dealer in Firearms Other Than destructive devices
Type 02 – Pawnbroker in Firearms Other Than Destructive Devices
Type 03 – Collector of Curios and Relics
Type 06 – Manufacturer of Ammunition
Type 07 – Manufacturer of Firearms Other Than Destructive Devices
Type 08 – Importer of Firearms Other Than Destructive Devices
Type 09 – Dealer in Destructive Devices
Type 10 – Manufacturer of Destructive Devices
Type 11 – Importer of Destructive Devices
Title I and II Firearms
Different types of firearms are defined in The Gun Control Act.
Title I of the Gun Control Act defines rifles, shotguns, handguns, etc.
Title II of the Gun Control Act (a/k/a the National Firearms Act), defines Short-barreled rifles (SBR’s), Short-barreled shotguns (SBS’s), Machine Guns, Silencers, Destructive Devices, and AOW’s (Any Other Weapon)
Classes of SOT
SOT stands for Special Occupational Tax, which a firearms dealer must have in order to become involved in the importing, selling, or transferring of NFA (Title II) Firearms items. Class stands for the particular Class of Special Occupational Tax (SOT) a Gun Dealer needs to have, depending of which activity they are engaged in.
Class 1 – A Firearms Dealer with a Class 1 SOT is an Importer of NFA firearms. To be eligible for a Class 1 SOT, a Dealer must have a Type 8 or 11 FFL
Class 2 – A Firearms Dealer with a Class 2 SOT is a Manufacturer & Dealer of NFA firearms. To be eligible for a Class 2 SOT, a Dealer must have a Type 7 or 10 FFL.
Class 3 – A Firearms Dealer with a Class 3 SOT is a Dealer of NFA firearms. To be eligible for a Class 3 SOT, a Dealer must have a Type 1 or 2 FFL
So, the next time you hear someone say “Class 3 Firearms,” you can politely explain that Class 3 refers to the class of SOT the Type 07 firearms dealer needs, before they can sell Title II Firearms.

What is the Age Requirement to be in a Gun Trust?

The age requirements for a Gun Trust can be a bit confusing, but this should clear things up a bit.

To create a Gun Trust, you have to be at least 18years old.

An 18 year old can use a gun trust to submit an Application to Manufacture a NFA Firearm (Form 1). However you have to be 21 years old to purchase an NFA firearm (Form 4).

Supporting Trustees, Co-Trustees, Successor Trustees need to be at least 18 years old. The age requirement is because these people can exercise control over the firearm in the trust.

Beneficiaries can be any age.

Warning! If you got your Gun Trust from someone else, your Beneficiaries may need to be at least 18 years old. That’s because the language in your trust may make the Beneficiaries Responsible Persons.

Can I be the only person in my Gun Trust?

You can be the only Responsible Person in your Gun Trust, but you’ll need to have someone named as a Beneficiary and as a Successor Trustee.

Beneficiaries are the people that will inherit your firearms when you die. A Successor Trustee is the person that will manage the trust if something happens to you.

Beneficiaries and Successor Trustees are not considered Responsible Persons under ATF Rule 41F, so they don’t need to submit anything to the ATF when you buy and build NFA firearms.

Warning! This information applies to Gun Trusts created by the Trust Shop. If you got your Gun Trust from someone else, your Beneficiaries and Successor Trustees may be considered Responsible Persons.

Does a Gun Trust make getting firearms easier?

This is a trick question!

Technically speaking, a Gun Trust does not make it easier to get firearms.

However… When you get your Gun Trust from the Trust Shop, you also get unlimited technical support from the Trust Shop. That means it is easier to get NFA firearms. The reason for this is that the ATF Forms are extremely confusing and we are here to help!

What happens if I move to a new state?

If you move to another state, you’ll need to update your address on your Gun Trust, but that’s all there is to it. Trust Shop Gun Trusts are valid in all 50 states, so you are good to.

Remember: If you have any NFA firearms in your Gun Trust, you need to submit a Form 20 to the ATF before you move. You’ll also need to make sure it is legal to possess the NFA firearms in your new state.

Can I use my Gun Trust for my personal firearms?

Absolutely! One Gun Trust is all you ever need!

Once you Create your Gun Trust, you can use it for both your NFA Firearms (Title II) and your personal (Title I) firearms collection. Giving your personal firearms to your Gun Trust gives you the power to decide who should inherit them, and it completely eliminates the costly & time consuming probate process.

Putting your personal firearms into your Gun Trust will save your loved ones thousands of dollars in lawyer fees and probate court costs. Even if you never buy a single NFA Firearm, creating a Gun Trust for your personal firearms collection is a smart estate planning move on your part!

Additionally, when you give your personal firearms to your Gun Trust, you are also funding your trust. That’s because your trust becomes the owner of something that has value. Putting your personal firearms into your Gun Trust is not only OK, but it is what we recommend to all of our customers.

Does a Gun Trust skip any of the legal requirements?


No. A Gun Trust does not skip over any legal requirements.
When you buy or build an NFA firearm, you have to submit a background questionnaire, photograph, and 2 fingerprint cards to the ATF, regardless of whether you submit your application as a Gun Trust or as an Individual.
Individual applicants complete the background questionnaire directly on the Form 1 or 4 Application.
Trust applicants complete the exact same background questions, but they do it on the Form 20 instead of the Form 1 or 4.
Though a Gun Trust doesn’t skip legal requirements, it does make it possible to share your NFA firearms with other people. And, if you add Responsible Persons to your Gun Trust after you receive your Tax Stamp (approved Form 1 or 4 Application), the new Responsible Persons are not required to submit anything to the ATF at that time.
Here is what the ATF says about it:
Q:	Will new responsible persons, added after the making or transfer, be subject to the same requirements?
A:	Once an application has been approved, no documentation is required to be submitted to ATF when a new responsible person is added to a trust or legal entity. However, should a responsible person change after the application has been submitted, but before it is approved, the applicant or transferee must contact the NFA Branch for guidance.

How do I get a Gun Trust?

Creating your Gun Trust is simple when you use the Trust Shop. We’ve created an easy to follow information form that has detailed explanations to guide you through the process.

Once you submit your information, you’ll receive your new Gun Trust along with a packet of instructions on how to finalize your trust, as well as FAQ’s on the Form 1 and 4 Tax Stamp application process.

Get your NFA Gun Trust Now

Just think… It won’t be long before you’re at the range using your new Silencer, SBR, or machine gun!

What is a Tax Stamp?

Tax Stamp is the nickname for an approved ATF Application. The reason it’s called a Tax Stamp, is because the approved application has a stamp affixed to the document like this:

Will my Gun Trust allow others to use my silencers?

Yes, it will. The people you list as Supporting Trustees in your Gun Trust can legally possess the NFA firearms owned by the trust, even when you aren’t with them.

Will my Gun Trust have an inventory list?


If you see a Gun Trusts that uses a Schedule A, it was either created by an attorney that does not understand gun trusts, or it simply wasn’t created by an attorney.
Why a Schedule A is Terrible!
When you use your Gun Trust to submit a Form 1 or Form 4 Application, you have to prove to the ATF that the trust owns the Silencer, SBR, Machine Gun, etc. This can be done by attaching a Schedule A to your Gun Trust (a terrible idea) or by using an Assignment of Property Form (WooHoo!)
A Schedule A is a complete inventory of the property held by the trust. Because ‘Schedules’ are a permanent part of the trust, anytime you submit a copy of your trust to the ATF, you are giving them your entire Gun Trust inventory.
Not only is the property in your Gun Trust nobody’s business, but complete inventory lists can cause you a lot of trouble. When you’re required to show your Gun Trust to someone (such as ATF Agents, bank employees, and gun store employees), the use of a ‘Schedule A’ (complete firearms inventory) can lead to the following issues:
☒	Application delays by ATF employees that feel you already have too many firearms;
☒	Refusals to open bank accounts, by liberal bankers that don’t believe in the 2nd Amendment; and
☒	Theft, by gun store employees that know you have a large collection of firearms (and know exactly where you live).
Because the Trust Shop guys don’t think the size of your firearms collection is anyone’s business, your Trust Shop Gun Trust uses a much more discreet & confidential method for adding property to your Gun Trust called an Assignment of Property.
An Assignment of Property does the exact same thing as a Schedule A without the down-side of a complete inventory list. The difference is that an Assignment of Property is not a permanent part of the Gun Trust. Instead, it is a separate legal document that proves the property was transferred to the Gun Trust.
There are many benefits to using an Assignment of Property Form:
✓	No comprehensive inventory list
✓	Use as many different Assignment of Property Forms as you want
✓	The ATF only requires you to submit a single Assignment of Property Form listing the specifics of the firearm in the Form 1 or 4
✓	No delays from ATF Investigators that think you already have too many guns
✓	Bank employees never see anything about the property in your Gun Trust
✓	Other than the firearm you are purchasing, gun store employees have no idea what you have in your Gun Trust
Your Trust Shop NFA Gun Trust includes unlimited use of our Assignment of Property Forms System, as well as every other gun trust form you will ever need.

Will people added to my Gun Trust have to send fingerprints to the ATF?


It depends!
When you build or buy a Silencer or SBR, you and the other Responsible Persons in your Gun Trust are required to attach a Form 23 Responsible Person Questionnaire, photograph, and 2 fingerprint cards to the Form 1 or Form 4 Application.
However, people added to your Gun Trust after you receive your Tax Stamp (approved ATF application) do not need to submit anything to the ATF at that time.
Here is what the ATF says about it:
Q:	Will new responsible persons, added after the making or transfer, be subject to the same requirements?
A:	Once an application has been approved, no documentation is required to be submitted to ATF when a new responsible person is added to a trust or legal entity. However, should a responsible person change after the application has been submitted, but before it is approved, the applicant or transferee must contact the NFA Branch for guidance.
That means, if you create your trust without any additional Responsible Persons, you are the only person that has to submit background info (Form 23, photo, & fingerprint cards) to the ATF. Then, as soon as you receive your approved application, you can add Responsible Persons to your Gun Trust and they won’t need to send a Form 23, photo, or fingerprints to the ATF until the next time your trust buys or builds a Silencer, SBR, or other NFA firearm.

Does a Gun Trust have to be notarized?

Even though there isn’t a notary requirement for Gun Trusts, we recommend getting your Gun Trust notarized anyway. That’s because a notary signature removes any doubt as to when the trust was created and whether or not it is your signature on the trust.

Can I add a 2nd upper receiver to my SBR?

To add a 2nd upper receiver to your SBR, all you need to do is click on this link to create the an ATF Additional Upper Receiver Letter. After creating your ATF Letter, simply drop it in the mail and you are good to go.

Is there an age requirement for Beneficiaries?

There is no age requirement for Beneficiaries. If your Beneficiaries are less than 18 years old when you die, the Successor Trustee will manage the firearms until the Beneficiaries become adults.

If I already own a silencer can I transfer it into a Gun Trust?

Yes, you can transfer an individually owned Silencer, SBR, or other NFA firearm into your trust.

To transfer the firearm into your trust, all you need to do is submit a Form 4 Application to the ATF. You (as an individual) will be the Transferor and your Gun Trust will be the Transferee.

Can I take my own fingerprints?

Any “Qualified Person” can prepare your fingerprint cards. A Qualified Person is anyone that is able to prepare clear, smudge-free prints. You are not required to have the CLEO complete your fingerprints.

The Trust Shop now offers FBI FD-258 Fingerprint Cards with all of your information pre-printed in the correct fields and in the required ATF format. We also have complete do-it-yourself fingerprinting kits. You can order your Fingerprint Cards by clicking below:

Can I use a $1 Bill to create my Gun Trust?

Funding your trust is when you give some type of property to your trust. If your trust isn’t funded, then it doesn’t actually exist. Funding a trust is sometimes called Validating.

There are several good methods for funding a trust. For example you can:

Give a $1, $5, $10, etc. Bill to your trust;

Open a checking account in the Gun Trust’s name and deposit some money into the account; or

Give one of your Title I (personal) firearms to the trust

There are different ways you can give property to a trust. Some trusts use Schedule A Inventory Lists, but The Trust Shop uses Assignment of Property Forms. An Assignment of Property is a documents that includes a description of the property, the date the property is transferred, and the Settlor’s or Trustee’s signature.

For Gun Trusts, the Assignment of Property Form is a much better option than a Schedule A Inventory List. That’s because you can create as many Assignments Forms for your trust as you want, rather than listing all of your firearms on a single Schedule A.

One of the benefits of using the Trust Shop is that you get unlimited Assignment of Property Forms in the Member’s Area. The Assignment of Property Form System is a guided step-by-step process for creating your property forms. Unlike other gun trust companies that only send you a bunch of blank forms… We help you fill them out!

Do I need to have my Gun Trust with me at the shooting range?


You always need to have a copy of your Gun Trust and your ATF Tax Stamp with you whenever you are in possession of your Silencer or SBR.
Here are a few suggestions about what you should do with your Gun Trust:
✓	Always have a copy of your Gun Trust with you when you have your NFA Firearms with you.
✓	Keep the original signed Gun Trust in your safe of safe deposit box. Never send your original to the ATF!
✓	Scan your Gun Trust into your computer in PDF format
✓	If you can’t save the PDF to your phone, use your phone to take pictures of each page of the Gun Trust
✓	Print out copies of your Gun Trust for each trustee
✓	Put a copy of your Gun Trust in all of your vehicles
✓	Keep a copy of your Gun Trust in your range bag
✓	Stick a copy in the gun case of each NFA Firearm
Make sure you attach a copy of all Assignment Sheets and Tax Stamps to each copy of your Gun Trust (both paper and electronic versions). Us guys at the Trust Shop put a laminated copy into each rage bag, gun case, etc. Every time we purchase a new silencer (or SBR), we laminate a copy of the Tax Stamp and put one with each copy of our Gun Trust.

How much does it cost to revise a Gun Trust?

Nothing!

If you get your Gun Trust from the Trust Shop, you get free revisions for life! That means you can make changes to your Trust as often as you want, without any cost to you.

Can I avoid fingerprints if I have a Gun Trust?

The ATF requires all “Responsible Persons” to submit a Form 23 (Responsible Person Questionnaire), fingerprints, and mugshots anytime the Gun Trust submits a Form 1, Form 4, or Form 5 Application. This means all Trustees & Supporting Trustees must complete the Responsible Person process.

The only way to avoid submitting the paperwork for Responsible Persons (other than yourself) is by not having any Supporting Trustees at the time you send in your Application. If you don’t have Supporting Trustees when you create your Gun Trust, you are the only person that needs to submit the Form 23 (Responsible Person Questionnaire), fingerprint cards, and photos.

Then, after you receive your Tax Stamp (approved Silencer or SBR application), you can add Supporting Trustees without needing to send any additional paperwork to the ATF.

Here is how the ATF puts it:

“Once an application has been approved, no documentation is required to be submitted to ATF when a new responsible person is added to a trust or legal entity. However, should a responsible person change after the application has been submitted, but before it is approved, the applicant or transferee must contact the NFA Branch for guidance.”

So, if you add Supporting Trustees after receiving your Tax Stamp, no Responsible Person paperwork is required. However, if you still have Supporting Trustees when you apply for your next Silencer or SBR, you either have to remove them as Supporting Trustees or they will be required to submit the Responsible Person paperwork.

If you have questions about Responsible Persons, you can contact the NFA Branch of the ATF:

NFA Branch
P.O. Box 5015
Portland, OR 97208-5015
Phone: (304) 616-4500
Fax: (304) 616-4501

Though continually adding and removing Supporting Trustees provides a solution to the Responsible Person process, repeatedly changing your Gun Trust can get very expensive. Unless, of course, you use the Trust Shop, where you get Free and Unlimited Changes for Life!

Warning: If you see a Gun Trust company advertising Special Gun Trust Language that lets you share your NFA items with others, without the need of going through the Responsible Persons process, you should run far, far away! Believe it or not, this is a new advertising tactic being used by several Gun Trust websites. And, people are sharing this misinformation on several of the major firearms forums. When we heard about this nonsense, we contacted the ATF – NFA Branch to find out if they had seen any of these trusts. According to the Investigator we spoke to, all applications from Gun Trusts using the bogus language get denied automatically.

Do I need to file annual reports or pay taxes on a Gun Trust?

You never need to file an annual report or pay taxes on your Gun Trust. If you decide to open a bank account for your Gun Trust, you will use your personal Social Security Number. You do not need to get a Tax Payer ID Number (EIN). This way you won’t need to file a separate tax return if your Gun Trust makes a bunch of money by selling some of its property.

Do Silencer & SBR Applications need to be printed front-to-back (2-sided)?

The ATF finally came to their senses… at least about double-sided printing.

The ATF Application Directions state the following:

Photocopies, Computer Generated Versions, or Downloaded Version. The form may be copied or downloaded (for example, from the ATF website (www.atf.gov)). The form does not have to be printed front to back.

At least one thing makes sense on the ATF Applications!

Can I use my Family Living Trust for personal firearms?

Maybe. But, it’s a really terrible idea!

Technically a family trust is legal to use for NFA Firearms, but it simply isn’t worth it.

Family revocable living trusts don’t contain the correct language or laws concerning NFA items and very few are ATF & 41F compliant. It is very important for the trust to specifically and clearly reflect the laws from the National Firearms Act, as well as the individual state laws. And, it is particularly important that the trust give a detailed explanation of who is considered a “Prohibited Person“

A gun trust is special type of trust designed to address issues that are unique to firearms, which are one of the most heavily-regulated types of personal property in the United States. The Trust Shop NFA Gun Trust is a specialized revocable living trust that describes the rules and regulations relating to the use, possession, and transfer of firearms.

You probably paid more than $500 for your family revocable trust, but it isn’t made for NFA Firearms. That’s why you should get the $49 NFA Gun Trust from the Trust Shop.

Are there different levels or packages of Gun Trusts?


Absolutely Not!
The idea that you can have different “Levels” of a Gun Trust is absurd! A Trust… is a Trust… is a Trust! Either your Gun Trust is a Revocable (Living) Gun Trust or it is nothing.
Let’s look at the definitions for the terms Revocable and Gun Trust:
Revocable: Means you can add or remove property from the trust, add or remove beneficiaries, and add or remove Co-Trustees.
If a company that sells Gun Trusts says you have to pay more for any of these features, by definition the original Gun Trust was not a Revocable Living Trust. What’s really happening (in most cases) is that the “lower-level” trusts are completely capable of being revised, amended, or changed, but the company won’t tell you how to do it without receiving additional money.
Gun Trust: Means a Revocable Trust specifically designed to hold NFA items and facilitate the transfer of these items when the Settlor (person creating the trust) dies.
So, the way we see it here at the Trust Shop is that you either buy a Revocable Living Gun Trust, or you don’t. There is no middle ground! And that’s why we don’t offer different Levels or Packages!
Ask yourself this:
If a company is selling different levels or packages of a Gun Trust, what is the difference between the lower-tier and upper-tier trust? If the difference is that you can’t add Co-Trustees or Beneficiaries, then the Gun Trust isn’t a valid Revocable Living trust in the first place. If the difference is that the lower-tier trust doesn’t have the necessary NFA language, then it isn’t an NFA Gun Trust. If the difference is that you can’t add additional NFA items to the trust, it isn’t a valid Revocable Living Trust.
There are only two things that can legitimately give rise to different “Levels” of Gun Trusts.
1. The lower level trust may not include support, while support is free of charge with the upper level trust.
2. The lower level trust may not include free changes, while the upper level trust provides them free of charge.
Don’t get us wrong… It’s okay for a company to charge you to make changes or for providing support (as long as they tell you about the charges up front). The Trust Shop simply chooses not to charge for these benefits. We provide these services because Gun Trusts only work correctly when you have access to technical support and the forms needed to make modifications.
Because we want to make sure our customers keep their Gun Trusts completely up to date, the Trust Shop provides free changes for life. And, because the process of applying for a Tax Stamp can be so confusing, we provide unlimited support, completely free of charge!
The Trust Shop actually got its start because of some of this nonsense. Two buddies (both lawyers without specialized knowledge of Gun Trusts) were at the gun range when they saw someone shooting a fully-automatic machine gun with a silencer. After asking a few questions of the shooter, the friends became aware that ownership of these items was completely legal. SO, these guys decided they each needed to get a Gun Trust and start purchasing fun NFA toys. After a bit of research, they chose a “Recommended” Gun Trust attorney to draft their Gun Trusts. One of the guys had more money than he knew what to do with, so he opted for the highest level Gun Trust, which cost him $999 The other guy couldn’t swing that high of a cost, so he opted for the “Entry Level” Gun Trust that cost $299.
Several weeks later when the guys met back at the shooting range, they started comparing the two Gun Trusts. Guess what they discovered?
The Gun Trusts were word-for-word identical carbon copies of one another. Outraged that they had been so gullible, the buddies began researching Gun Trusts. The result was the creation of the first truly comprehensive and all-inclusive Gun Trust. Ten years later the Trust Shop was serving every state in the country, with the same comprehensive and inclusive Gun Trusts, specially adapted to the laws of each individual state.
When you buy a Gun Trust from the Trust Shop, you get every possible trust feature allowable by law. You also get:
✓	State-Specific Provisions
✓	Free changes/revisions for life
✓	Comprehensive directions packet detailing “What To Do” and “What Not To Do”
✓	Unlimited Assignment of Property forms, Memorandums, Amendments, etc.
✓	Unlimited Support from the Trust Shop Gun Trust professionals
✓	Confidence that your Gun Trust is ATF & 41F Compliant
✓	Updates on all ATF issues that affect your Gun Trust
And, you get all of this for only $49… So what are you waiting for?


Get your NFA Gun Trust Now

Are Trust Shop Gun Trusts Perpetual or Legacy Gun Trusts?

Every state has different laws about how long a Gun Trust can last. The old Common Law Rule (known as the Rule Against Perpetuities) states that no trust can last longer than the life of the Settlor/Creator + 21 Years. However, most states have moved away from the Rule Against Perpetuities, choosing to adopt their own state-specific time limits (or no limit at all).

In order to maximize the length of your trust, the Trust Shop Gun Trust includes language that extends the life of your trust as far beyond the your death, as is allowed by your state’s laws. However, we also added language that gives your Successor Trustee the option to terminate the trust at an earlier point, if that is your wish.

Beware of companies that claim their Gun Trusts are perpetual, as the majority of states have set limits on how long your trust can last, regardless of what the trust language says.

How many Trustees can I have in my Gun Trust?

As many as you want!

The Trust Shop doesn’t place a limit on the number of Trustees or Beneficiaries you can have in your Gun Trust. Be careful if you decide to get your trust from somewhere else, as you might be limited to 1 Co-Trustee, or be required to upgrade your trust ($$) before you can make changes.

How will I know when my Form 1 or 4 Application has been approved?

Form 1 Tax Stamps are always sent directly to the applicant, so you will know that your Form 1 has been approved when you receive your Tax Stamp in the mail.

But, Form 4 Tax Stamps are a different story…

Even though you submitted (and paid for) your Form 4, the application was “technically” made by the gun store where you purchased the Silencer or SBR. That’s because the Form 4 Application is how your gun store knows that it’s okay to transfer the Silencer or SBR into your possession. Therefore, your Tax Stamp (approved Form 4) will be sent directly to your gun store.

So how do you know whether or not your Form 4 has been approved?

Unfortunately, the ATF doesn’t send you any kind of notification to let you know that your Form 4 has been approved. That means it’s up to the gun store to let you know that they have received your Tax Stamp. Most of the time that isn’t a problem, as gun stores typically notify their customers as soon as they receive the approved Form 4. However, there are some stores that are a little less diligent about sending you the good news.

Because you’ve already waited a long time to pick up your new Silencer or SBR, you should consider staying on top of things to make sure you aren’t needlessly waiting longer than necessary. The best way to make sure your approved Tax Stamp isn’t sitting on someone’s desk at the gun store, is to call them every once in a while. Just tell them that you want to check on the status of your application.

Additionally, you can check on the status of your application by calling the ATF NFA Branch at (304) 616-4500. But, don’t get too excited… The ATF will only give you one of two possible status updates: Pending or Approved. Sometimes they will give an estimate as to when your application should be processed. If they do, you should take it with a grain of salt, as any time estimate you receive is a generalization based on the date your application was received (rather than the actual status of your application).

Remember: In order to get a status update, you’ll need to have the Serial Number of the Silencer or SBR as well as the name of the Gun Store (as it appears on the Form 4 Application). Otherwise, the ATF will refuse to give you any information.

How do I measure the Barrel Length of a firearm?


When you are filling out an ATF Form 1 or Form 4 Application, you are required to enter the Barrel Length of the Firearm.
Sounds easy enough… Right? Well… Maybe not…
The are several reasons that Barrel Lengths can be difficult to measure:
1.	The ATF has a very particular way of measuring the Barrel Length. (described in detail below)
2.	If you are buying a firearm (ATF Form 4), you have to go to the gun store and convince the owner of the store that measuring the Barrel Length isn’t done by holding a ruler against the side of the barrel
3.	If you are building a firearm (ATF Form 1), you have to measure the Barrel Length of a firearm that can’t be assembled until after you receive your Tax Stamp (approved Form 1 Application). And, unfortunately, you can’t just slap a tape measure on the barrel and measure from stem to stern. The saving grace with Form 1 Barrel Length measurements is that they can be estimated, as it is illegal to assemble the firearm. However, the estimate needs to be close, so you should still base your estimate on the method described below
So let’s get to it. How do you measure the barrel length of a firearm?
The ATF Procedure for measuring the Barrel Length is to measure from the closed bolt (or breech-face) to the furthermost end of the barrel (or permanently attached muzzle device). Barrels are measured by inserting a dowel rod into the barrel until the rod stops against the bolt or breech-face. Mark the dowel at the end of the barrel, then pull it out and measure the distance from the end of the dowel to the mark.
Silencers, muzzle breaks, etc. are not included in the Barrel Length measurement unless permanently affixed to the barrel.
To enter the Barrel Length, start by entering the number portion of the measurement, then select the unit of measure you are using.
For Example::

If this was your firearm, you would enter:

Is it better to e-file or mail my Form 1 or Form 4 Application?


Instead of the paper Application, you can go to the ATF eForms website and try your luck with an electronic Application. But a word of warning, if you think the paper applications are bad, you better hold on… The eForms applications are a freaking nightmare! They are very difficult to navigate, extremely user unfriendly and they take absolutely forever to complete, which means you get to watch the little wheel spin, and spin, and spin. And half of the time it only stops spinning because the eForms system freezes up.
But aside from our general hatred of the eforms system, there are some other reasons we suggest sticking to the paper applications:
✓	eForms applications used to be approved much faster than paper applications, but that is no longer the case. Now, eforms applications and paper applications are processed at nearly the same rate.
✓	Before you can create an electronic application, you have to accept the ATF’s ‘Terms of Use.’
	By accepting, you are giving the feds access your entire computer information system. Read that last sentence again… “your entire computer information system” That means you are giving the feds permission to search through everything on every electronic device that is linked to the same system as your computer. Better yet, they don’t even have to tell you that they’re doing it. We’re not saying they are going to do it, just that you are giving them permission to do it.
	Is there any chance your kid has ever used his smart phone for something less than appropriate? Trust us… He has!
✓	The biggest downside to e-filing is that electronically submitted applications cannot be revised. That means if there is a problem with your application, the ATF will reject it and you’ll have to start all over.
Unlike eForms applications, if you make a mistake on a paper application the ATF sends you a nice letter that says: “Please correct the following issue and send it back to us within 30 days.”
Of course right now you’re thinking: “But, I won’t make a mistake on my eForm Application.” That might be true, but did you know that approximately 40% of all Applications are rejected or delayed. 40% is a huge number of rejected & delayed applications!

Can I use my personal money to buy things for my Gun Trust?

Yes you can. But there are a few things you will need to do.

To make sure your trust property is protected you must follow certain guidelines. One of those guidelines is that you cannot commingle funds. Commingling is when you mix your personal money and trust money together. Commingling usually occurs when a person uses their personal money to buy something for the trust, or uses trust money to pay for a personal item.

Then how is it okay to buy something for my trust using my personal money?

As long as you attach a document to the trust explaining that personal funds were used to purchase something for the trust, you’ll be fine. This document is known as Memorandum of Contribution (MOC), which lists the date, amount, & description of the item that was purchased for the trust. It also states the type of payment used, the name of the store, & gets signed by the Settlor or Trustee.

The Memorandum of contributions is only one of the many benefits you get with a Trust Shop NFA Gun Trust.

Can I use my Gun Trust for more than 1 firearm?

Absolutely!.

One Gun Trust is all you ever need! As soon as you create your Gun Trust, you can use it for every Silencer & SBR you buy or build

Additionally, you can use your Gun Trust for your personal (Title I) firearms collection. Giving your personal firearms to your Gun Trust gives you the power to decide who will inherit your firearms, without any need for costly & time consuming probate proceedings.

How can I legally own a Silencer?

There are two ways that an individual, trust, corporation, limited liability company, or partnership, may legally acquire NFA firearms:

Purchase an NFA item.

To purchase an NFA item, you must first submit a Form 4 (Application for Tax Paid Transfer and Registration of Firearm) & $200 to the ATF. Once you receive your Tax Stamp (approval to transfer) from the ATF, you can pick up your NFA item from the Gun Store.

Manufacture an NFA item.

To manufacture an NFA item, you must first submit a Form 1 (Application to Make and Register a Firearm) & $200 to the ATF. Once you receive your Tax Stamp (approval to manufacture) from the ATF, you can assemble all the parts & pieces of your NFA item.

But, the 1st thing you should do is create your Gun Trust.

Get your NFA Gun Trust Now

Do I need to register my Gun Trust at the Court House?

It depends.

In most states your Gun Trust does not need to be recorded with the state or local government. That is because NFA Gun Trusts are completely private and only need to be shown to someone else if you open a bank account for your Gun Trust or submit an application to the ATF.

The states that require some type of Registration are:

Alaska, Hawaii; Idaho, Michigan, Missouri, & North Dakota

Though these six states require you to register your trust at the local Court House, there is no penalty for failing to register. And all of these states (except Hawaii) allow you to register using a Certificate of Trust instead of a full version of the Gun Trust, that means you can keep the contents of your trust private (nobody will know it is a Gun Trust).

This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. For legal advice, you should contact an attorney licensed to practice law in your area.