Additional Information about Gun Trust Property
Anything you give to your trust is called “Trust Property“.
When you give property to your trust for the 1st time, you are “Funding“ the trust.
Your Gun Trust needs to be Funded (it needs to own property) before you can buy or build Silencers and SBR’s
The easiest way to give property to your trust is to give it some cash or one (or more) of your personal firearms.
If you don’t want to add property right now, you can always add something later.
To add property, just go to the Members Resources page and click on Create an Assignment Form. Adding property to your Gun Trust is easy, it can be done at any time, as many times as you want, and it is always completely free of charge!
Additional Information about Successor Trustees
The ATF requires you to have a Successor Trustee.
The Successor Trustee is not a Responsible Person (according to ATF Rule 41F). That means you don’t have to send their fingerprints and mugshot to the ATF when you buy & build Silencers and SBRs.
If you want the Successor Trustee to be able to possess your Silencers, SBRs, & other NFA Firearms, you must also make them a Co-Trustee (which does require fingerprints and mugshot). It’s okay to have the same person listed as the Successor Trustee and as a Co-Trustee.
Additional Information about Co-Trustees
NFA Firearms are regulated by Title II of the Gun Control Act, which says the only person that can legally possess the firearm is the “Responsible Person” named on the Application. However, when you have a Gun Trust, your Co-Trustees are allowed to use the firearms, even when you aren’t with them.
Here are some things you should know about adding Co-Trustees:
| 1. | You are not required to have Co-Trustees | |
| 2. | Co-Trustees must be at least 18 years old | |
| 3. | Co-Trustees are Responsible People (under ATF Rule 41F). That means every Co-Trustee is required to send fingerprints and a mugshot to the ATF every time you manufacture or purchase an NFA Firearm. | |
| 4. | If you wait to add Co-Trustees until AFTER you receive your Tax Stamp (approval to buy or build an NFA Firearm), you will NOT need to send any additional paperwork (fingerprints, mugshots, etc.) to the ATF | |
| 5. | We will add or remove Co-Trustees as many times as you want, completely free of charge! | |
| 6. | Remember: You are already the main Trustee, so don’t add yourself as a Co-Trustee. |
Note: As the Trustee, you can let other people (that aren’t Co-Trustees) use the firearms, but only if you are right there with them.
Additional Information about naming your Gun Trust
Many people use a family name when naming their Gun Trust, like: “Smith Family Trust,” or a unique name like “Whisper Trust” or “Blackhawk Trust.”
Enter the name of your Gun Trust exactly as you want it to appear on your documents. If you use all CAPS or all lower-case, that’s exactly what it will look like on your new Gun Trust.
Here are some examples:
You need to include the word Trust at the end of the name.
When you build an SBR or Silencer, you are required to engrave the complete name of your trust on the lower receiver or silencer tube. So, a longer trust name means more engraving.
That means your customer must give some property to their Gun Trust so that the trust is funded.
A trust that isn’t funded is not valid and cannot be used to buy or build Title II Firearms.
The easiest way to fund a trust is to give it a $1, $5, $10, etc Bill. Another way to fund a trust is to give it a firearm. Either method will adequately fund the trust
If your customer funds the trust by giving it a $1 Bill, they can add their personal firearm collection down the road.
To add personal firearms to their gun trust, your customer can create an Assignment Sheet by using our Automated Assignment Generator. The Assignment Generator is completely free of charge and easy to use. Assignment Sheets take about two minutes to create and they are automatically delivered to your email inbox.
If you have a customer that would like to see how easy it is to add property to their Gun Trust, just click on this link to the Assignment Sheet generator and create a sample assignment. Your customer will see 1st hand how easy how easy it is to add property to their trust; and they will be impressed with how quickly the assignment shows up in your email inbox.
| 1. | Anyone can be a Beneficiary (there is no age requirement). | |
| 2. | Beneficiaries are not Responsible People (under ATF Rule 41F). That means your customer’s Beneficiaries don’t need to send any paperwork to the ATF. | |
| 3. | Your customer must have at least one Beneficiary. | |
| 4. | Your customer can name as many Beneficiaries as they want. | |
| 5. | If your customer can’t decide who to add as a beneficiary, tell them that the NRA is a good choice. Remember: You customer can always change his beneficiary down the road. |
|
| Sometimes your will have a customer that wants his trust set up so that all of the property goes to one beneficiary when he dies, but if that beneficiary is dead then all of the property goes to the next beneficiary on the list. | ||
| The Trust Shop NFA Gun Trust is set up to equally divide the trust property between all of the trust beneficiaries. If your customer wants all of the trust the property to go to the 1st Beneficiary and then to the 2nd Beneficiary if the 1st Beneficiary is dead, and so on, they need to have only one beneficiary on the trust. If the beneficiary dies, the customer can create an amendment that replaces the 1st Beneficiary with the 2nd Beneficiary. | ||
| It’s things like this that make our free revisions for life such an attractive feature. | ||
| Here is an Example Situation: |
| Kirk comes into your store and wants to purchase a Silencer. You explain the benefits of a trust and he agrees that a Gun Trust is the way to go. While you are filling out the Gun Trust Information Form, Kirk says he wants to make his wife the 1st Beneficiary and his son the 2nd Beneficiary. However, Kirk says that he wants all of the trust property to go to his wife. Then, if his wife dies before him, Kirk wants all of the property to go to his son. |
| If Kirk makes his wife the 1st Beneficiary and his son the 2nd Beneficiary; when Kirk dies, all of the trust property will be divided equally between his wife and son. However, if Kirk makes his wife the 1st Beneficiary and doesn’t add his son as a beneficiary; when Kirk dies, all of the property will go to his wife (just like he wants). Then, if Kirk’s wife dies before he does, all Kirk needs to do is spend about three minutes to create an amendment making his son the only beneficiary. That way, his son will get all of the property (just like he wants). |
| If you have a customer that is worried about creating a revision (amendment) for his trust, just click on this link to the amendment generator and create a sample amendment. Your customer will see 1st hand how easy the amendment process is; and they will be impressed with how quickly the amendment shows up in your email inbox. |
The Successor Trustee is the person that will take over as the main Trustee if something happens to your customer.
The ATF requires your customer to have a Successor Trustee.
The Successor Trustee is not a Responsible Person (according to ATF Rule 41F). That means your customer is not required to send the Successor Trustee’s fingerprints and mugshot to the ATF when they buy or build Title II Firearms.
If your customer wants the Successor Trustee to be able to possess the NFA Firearms, they must also make that person a Co-Trustee (which does require fingerprints and mugshot).
It’s okay to have the same person listed as the Successor Trustee and as a Co-Trustee.
Your customer can add a 2nd Successor Trustee that will take over as Trustee if the 1st Successor Trustee can’t do the job.
Remember: Your customer can not be the Successor Trustee
Without fail, when customers create a trust with a bunch of Co-Trustees, they wind up asking us to create an amendment to their trust that removes one (or more) of the Co-Trustees. That’s because the Co-Trustee doesn’t want to deal with the hassle of getting fingerprinted.
Even though amendments are easy to create (and free to your customers), it ends up taking longer to get the Form 4 submitted, and it creates a bunch of extra work on your part.
To avoid these delays and extra work, we recommend informing your customers that they should consider waiting to add Co-Trustees until AFTER they receive their Tax Stamp. That’s because the ATF does not require fingerprints and mugshots from Co-Trustees that are added to the trust after the Tax Stamp is approved.
Because the Trust Shop will add Co-Trustees to your customer’s trust for free, there is no benefit to adding them right now. And, after your customer receives their Tax Stamp, it will only take your customer about three minutes to create an amendment.
Example
Here is an example of a common situation and the different outcomes depending on whether your customer adds Co-Trustees right now, or waits to add Co-Trustees until after receiving their Tax Stamp:
Kirk comes into your store to buy an AR-15 in 300 Blackout. While he is waiting on the NICS check to come back, he keeps looking at the display case with the silencers. You tell Kirk that you just got the new SureFire SOCOM300SPS and you ask him if he would like to take a look at it. Kirk says, “no thanks, silencers are too much trouble.” When you ask him what he means, Kirk says that he recently read a post on an internet forum that said: “when you buy a silencer you are the only person that can use the silencer. If you accidentally leave the silencer in the car and your wife gets pulled over by the cops on her way to the grocery store, she will be convicted of a felony.“
You explain to kirk that, while it would cause problems if his wife was found to be illegally possessing the silencer, she wouldn’t be convicted of a felony. You also use the opportunity to explain the benefits of creating a Gun Trust. You tell Kirk that one of the major benefits of creating a gun trust is that he will be able to add his wife as a Co-Trustee, so she can legally possess the Silencer. That way if she gets pulled over with the silencer sitting on the back seat, it won’t be a problem.
Kirk decides to buy a silencer and create a trust. When you are entering Kirk’s info on the Gun Trust Information Form, you get to the Co-Trustee section and Kirk says he wants to add his wife as a Co-Trustee.
Here are the two likely scenarios depending on what Kirk decides to do:
Scenario #1
Kirk adds his wife as a Co-Trustee. You finish the gun trust and then you use the Trust Shop ATF Form System to create a Form 4 for Kirk’s Gun trust; and Form 23’s for both Kirk and his wife. Everything is done, except Kirk needs to go get his wife fingerprinted at the Sheriff’s Department (or your store if you have a fingerprint scanner). Kirk comes back the following day and says that his wife isn’t interested in getting fingerprinted
Best case: You create an amendment to the gun trust and create a new Form 4.
Likely case: I think I will wait and get the Silencer later
Worst case: I don’t want to purchase a silencer right now, and my wife says that I don’t really need an AR-15.
Scenario #2
You tell Kirk he should wait to add his wife as a Co-Trustee until after he receives his Tax Stamp. That way his wife doesn’t have to complete the Responsible Person Questionnaire (Form 23), fingerprint cards, or a mugshot. Kirk understands and agrees that he should wait. Eight months later Kirk walks into the store with a smile on his face. His Tax Stamp is here, and he is ready to pick up his silencer. He is also ready to add his wife as a Co-Trustee.
You pull up Amendment Form on the Trust Shop website and enter his wife’s information. Two minutes later Kirk has the Amendment in his left hand and a $1000 SureFire Silencer in his right.
As you will soon discover first-hand, there are customers that refuse to listen. Usually, it’s because they believe some ridiculous article they read on the internet, sometimes it’s because your customer thinks that waiting to add Co-Trustees is being dishonest. Regardless of the reason, all is well, as long as you sell that Surefire SOCOM300SPS.
Put it this way, we know Kirk’s wife is going to freak out when he spends a $1000 on a silencer, and that’s why we offer free revisions for life.
What’s inside the
$49 Gun Trust Package?
Everything you will ever need
Not just a comprehensive State-Specific Gun Trust, but everything you will ever need to make it through the entire Tax Stamp Application process. The Trust Shop explains what you need to do, tells you how to do it, helps you get it done, and reviews everything to make sure it’s all done right. But, it doesn’t stop there…
The Trust Shop stays with you for life!
Most online Gun Trusts don’t include anything more than the trust. But, when you get your Gun Trust at the Trust Shop, you get all of these additional benefits: Unlimited Gun Trust revisions, Unlimited Gun Trust lawyer support, detailed instructions, Total access to our Automated ATF Form System, NFA Firearms law resources, Updates on changing laws, and Informative Articles on NFA topics. And, you get all of these additional benefits Free for Life!
Are you ready to Create your new Gun Trust?
Creating your Gun Trust is easy when you use the Trust Shop. We have an easy to follow form that guides you through the entire process. Instead of being full of confusing legal terms, the Trust Shop Gun Trust form is loaded with detailed examples & explanations. By the time you are done entering your information, you will feel completely confident that you are getting a fully customized State-Specific Gun Trust, tailored to meet your exact situation. If you are looking for a fill-in-the-blank form that never gets reviewed by anyone, you’ve come to the wrong place! At the Trust Shop, every Gun Trust information form goes through a comprehensive audit by the Trust Shop lawyers before it gets created.
Before you know it, you’ll be at the range with your new suppressor, SBR, or machine gun!
Or, continue reading to find out more about each of the benefits included with your Gun Trust
Free Revisions for Life
We get a ton of questions from people wanting to know how much we will charge them to revise their Gun Trust. The first thing we ask them is “why not have the Amendment created by the same company that created your Gun Trust?” Without fail, the answer is 1 of 2 things: “I’ve been trying to contact them, but they won’t return my call” or (and almost as common) “They want to charge me $150 (or more) to create an Amendment.”
The Trust Shop understands that “life happens”
At some point during the life of your Gun Trust, you’re going to want to add or remove a Co-Trustee or Beneficiary. Or, you might decide to change the Successor Trustee (person that takes over if something happens to you), or decide to add a back-up Successor Trustee. For sure, you’ll want to add additional NFA Firearms to your collection at some time in the future. And, because we understand that these changes are more likely to occur than not, we decided to include Free Revisions as one of the benefits of getting your Gun Trust from the Trust Shop.
Lifetime = “Forever!”
The Trust Shop will revise your Gun Trust as many times as you want, without any limits, qualifications, or exceptions. The only reason we call them “Lifetime Revisions” is because “Forever Revisions” sounds a bit creepy. But, in all seriousness, your Gun Trust comes with free revisions, forever! Just read some of the Customer Reviews from people thanking us for putting up with all of the changes they’ve asked us to make. We even have a customer (no names mentioned) that has revised his Gun Trust more than 20 times. Every few weeks he gets really mad at his family members and decides to cut them from his trust, which requires an amendment. But soon all is forgiven, and he decides to add them right back to his trust, which requires another amendment.
While we don’t necessarily advise making 20+ revisions to a trust, If you want your trust revised we will take care of it. And, we will make the revisions just as quickly the 20th time, as the 1st time. No questions asked.
The Trust Shop is thinking about the Future!
Other Gun Trust companies don’t offer these services, or they charge you a small fortune to make the changes. But, when you get the $49 Gun Trust Package from the Trust Shop, you get all of these features Free for Life!
Detailed Instructions & Explanations
In addition to giving you all of the resources you need to navigate the Tax Stamp process now and in the future, we also explain what it all means. It’s true that you could buy a Gun Trust, fill out a form 4, and get your approved Tax Stamp without ever understanding a thing about what is going on, but at the Trust Shop we believe it is important for you to understand.
We believe you need to know
exactly what is going on
By the time you’re ready to submit your 1st ATF Application, you will understand the following:
| ★ | How to keep your NFA Firearm Information Private |
| ★ | What you need to do to keep your family & your NFA Firearms out of Probate Court when you die |
| ★ | What you need to do to get approved to manufacture NFA Firearms |
| ★ | What a Gun Trust really is… Ever notice how your friends say you need to get a Gun Trust, but they can’t really explain what it is, or why you need it? |
| ★ | How to Maintain your Gun Trust |
| ★ | Adding NFA Firearms to your Gun Trust |
| ★ | How to Revise your Gun Trust |
| ★ | The process of filling out confusing ATF forms |
| ★ | How & Why to keep your Gun Trust Money Separate from your personal money |
| ★ | Sharing NFA Firearms with your family and friends |
| ★ | Notifying the ATF about address changes |
| ★ | When to get permission from the ATF to Transport NFA Firearms into another state |
| ★ | The best way to purchase Machine Guns |
Additionally, your new Gun Trust comes with a directions packet that provides detailed instructions about what you need to do next, including a comprehensive guide on purchasing & manufacturing NFA Firearms. You’ll also get unlimited access to all of our NFA Gun Trust Articles and the Gun Trust lawyer’s Answers to FAQ’s. And, every time we publish a new Article explaining a specific aspect of NFA Firearm ownership, you’ll be one of the 1st people to receive a copy.
ATF Application Form System
What happens when a herd of lawyers
(that haven’t ever fired a gun)
write the directions for the new ATF Applications?
In the summer of 2017, the ATF rolled out their new Form 1 & 4 Applications, and we were immediately swamped with questions. The directions on the Forms were bad to begin with, but the new directions were so much worse that we even had trouble with some of them. That’s when we started working with the ATF NFA Branch to create Application Instructions that actually make sense. After lots of hard work, in the fall of 2017 we rolled out the Trust Shop Automated ATF Form System..
Now, instead of trying to decipher the crazy ATF Application directions on your own, Trust Shop customers get to use our ATF Form Generators. The end result is the exact same ATF Application, but the process of creating the Applications is much, much easier and makes so much more sense.
By January 31, 2018, our customers had created more than 1000 Form 1, 4, 20, & 23 Applications using the Automated Form Generators. This easy to use process is definitely a Trust Shop customer favorite. But, don’t take our word for it. Read some of our Customer Testimonials here.
If you want to know more, you can keep reading about the ATF Form System.
Unlimited Gun Trust Support
The Trust Shop is here to help. All of the Trust Shop lawyers are licensed to practice in the Federal Courts and we deal exclusively with federal firearms laws. We know the National Firearms Act inside out and we are here to answer your questions.
When you get your Gun Trust from the Trust Shop, you get total access to our years of experience in dealing with NFA Firearms and the ATF. That means all of your questions get answered… And, they get answered correctly. It also means that your ATF Applications will be approved, your property will be protected, and you can rest easy knowing that you are complying with the law.
Firearms Laws Resources
In addition to Unlimited Support, the Trust Shop gives you access to all of the current laws regulating NFA Firearms. Not only do we answer your questions, but we provide the resources you need to see exactly what the laws say.
There are many different federal laws that regulate the ownership and possession of NFA Firearms. Most of these laws are grouped into The National Firearms Act (NFA), The Gun Control Act (GCA), and The Firearms Owners’ Protection Act (FOPA)
NFA Firearms are also regulated by Rules created by the ATF, which have the same effect & force as federal law. Rules are important because they have a tremendous impact on specific aspects of NFA Firearm ownership.
When it comes to ATF Rules, the Trust Shop gives you three things: Copies of all ATF Rules that affect NFA Firearms, Explanations of what the Rules mean and how they will affect you, and A direct pipeline to the ATF, so you can voice your opinion on all Proposed Rules.
Did you know that any time the ATF proposes a new Rule they have to respond to Every Single Comment made by the public before the Rule becomes final? If enough people submit comments explaining the negative effects of the Proposed Rule, the ATF may change the Rule or trash it all together. Anytime a new Rule is proposed, we will notify you, explain the probable effect of the Rule, and give you a direct link to the ATF so you can tell them what you think. Click this link if you want to read more about ATF Rulemaking.
The Competitors
You already know what you get when you use the Trust Shop. But, can’t you get the exact same thing from other Gun Trust providers?
Here’s what you get when you buy your Gun Trust from the Competition
| ☢ | Higher cost – the competition charges anywhere between $100 & $1000 |
| ☢ | Generic fill-in-the blank trust |
| ☢ | Documents that are not specific to your State |
| ☢ | Additional charges for revisions |
| ☢ | Limits on number of Co-Trustees |
| ☢ | Different levels of Gun Trusts, that are nothing more than a marketing trick |
| ☢ | No assistance with Form 1 & Form 4 Applications |
| ☢ | Gun Trust never gets reviewed by anyone |
| ☢ | No ATF Form Generators |
| ☢ | Additional charges to review ATF Applications |
| ☢ | Limited, or no customer support |
| ☢ | Additional charges for ‘Rush Delivery’ |
| ☢ | Trust language that is not 41F Compliant |
| ☢ | Invalid Claims that Gun Trusts are ‘Perpetual’ even in states with statutory time limits |
| ☢ | Use of a Schedule A for trust property instead of an ‘Assignment Sheet” |
| ☢ | Inaccurate claims that Trustees can avoid the Responsible Person process |
Sadly, we can go on and on with the list of things you get from other Gun Trust providers. But, you can visit their websites and see for yourself. Additional charges are hidden everywhere… Documents are generic… And, Revisions are impossible, inaccurate, or expensive!
✓ Tailored to meet your individual needs
✓ Free Revisions
✓ Unlimited Gun Trust Lawyer Support
✓ ATF Form Support
✓ Every additional Gun Trust Document you will ever need
✓ All for the low, one-time price of $49
The most comprehensive Gun Trust package available!
You simply won’t find a better product anywhere! 100% Customer Satisfaction Guaranteed. We love what we do… and it shows! But don’t take our word for it… Check out some of the Reviews from other Customers.
Buying and Building
NFA Firearms
When it comes to buying and building NFA Firearms we’ve got you covered. All the way from getting your Gun Trust set up correctly to filling out your ATF paperwork, we are here for you.
Trust Shop Articles
Everything you will ever need to know about buying and building Silencers, SBR’s, and Machine Guns. Click on the title of any of the following articles to learn more.
“How-To” Fill out the ATF Forms
If you need help with your ATF Form and you aren’t a Trust Shop customer (can’t use the Automated ATF Form System), you can read one of our How-To articles. The Trust Shop gives you step-by-step instructions on ‘what goes where’ on all of the important the forms .
How To fill out the ATF Form 4
How To fill out the ATF Form 1
How To fill out the ATF Form 23
The Trust Shop ATF Form System
The Trust Shop Automated Form Generators produce ATF Forms that are in the exact same format and appearance as the forms created with the ATF Templates. However, the process of filling out the Forms is completely different. Instead of muddling through the nonsensical ATF madness, you get complete and easy to follow directions. Rather than meaningless open-ended questions, you follow clear and concise prompts that allow you to enter your information with confidence. What used to be a frustrating and time-consuming nightmare, is now a quick and painless process. Best of all, much of your information is automatically entered on your Application (based on answers from previous questions), which eliminates the amount of time required to complete the Forms and it eliminates human error.
Though the Trust Shop Form Generators completely eliminate the ATF confusion from the equation, there is nothing we can do about all of the mis-information you’ll hear from other people. Firearms Forums, gun trust lawyers, and Title II Firearms Dealers all have opinions on the ‘right way’ to fill out the forms, and that can cause you trouble.
Which ATF Form do you need to Generate?
When you use our ATF Form System we Guarantee your ATF Application will be approved, as long as you do the following:
| 1. | Read each question carefully and thoroughly | |
| 2. | Answer each question Completely | |
| 3. | Pay special attention to the information in the Notes: sections | |
| 4. | Ignore outside opinions about the right way to fill out your Applications |
The most comprehensive Gun Trust package available!
You simply won’t find a better product anywhere on the market! 100% Customer Satisfaction Guaranteed. We love what we do… and it shows! But don’t take our word for it… Check out some of the Reviews from other Customers.
Are you guys for real?
(how can you do all of this for $49?)
We get this question all the time. And, that makes sense when you consider the fact that our competitors are selling their Gun Trusts at prices anywhere between $100 – $1000. So, how is it that we can offer the best NFA Gun Trust available for only $49?
The short answer is that We are really good at what we do!
But, if that’s not a good enough explanation for you, here is the long answer:
Creating Gun Trusts Since 2008
The Trust Shop was created in 2008, when a group of gun-loving lawyers decided to figure out a way to get Gun Trusts into the hands of as many people as possible. Each of them already provided Gun Trusts to their clients, but the average cost of a full-service Gun Trust was around $400, and that was just too expensive for most people to afford. So, they decided to figure out a way to make Gun Trusts more economical.
To do this they started focusing on two things:
1. Reducing the amount of time it took to create a Gun Trust, and
2. providing answers to customer questions in a more efficient manner.
To reduce the amount of time it took to create a Gun Trust, a group of Information Technologies specialists was hired. The plan was to develop a fluid and user-friendly Document Generation System, that would gather customer information and use conditional logic to generate documents with content that was specific to each customer’s personal preferences, as well as the laws that are unique to the state where each customer lives.
The 1st Document Generation System was a big success. The amount of time required to create each Gun Trust was dramatically reduced and the price of trusts fell accordingly. Additionally, human error was completely eliminated from the document creation process. Over the years, the Document Generation System has been updated many times, and completely overhauled twice. Each and every time the result has been the same: less time required to create documents = lower costs.
The Trust Shop Q&A Data Bank
The issue of how to more efficiently provide answers to customer’s questions was an entirely different beast. There are thousands of possible questions concerning the NFA and the ATF and it takes a lot of time to answer each question. But, even though the number of possible questions seems limitless, eventually every question gets asked more than once. And, that’s exactly why the Trust Shop Question & Answer Data Bank was created. The Question & Answer Data Bank is a massive database full of answers to every question that has ever crossed the Trust Shop lawyer’s desks.
And, again, as the efficiency of answering questions increased, the cost of a Gun Trust decreased.
But, even though the Trust Shop Question & Answer Data Bank dramatically reduced the number of questions received from our customers (and increased the efficiency of answering the questions customers couldn’t find in the databank), the number of questions related to the Form 1 & 4 Applications remained consistent.
The answers to Form 1 & 4 questions are readily available on the Trust Shop website (and in the “How To Fill out a Form __” articles), but many customers told us they wished there was a way we could make filling out the ATF Forms easier. Even though the information was available, repeatedly leaving their ATF Application to find answers was extremely frustrating. Wouldn’t it be nice if there was a way to have the right information, in the right place, at the right time?
ATF Form System
And that’s when construction was started on the 1st Trust Shop Automated ATF Form Generator.
In the fall of 2017, after investing thousands of hours (and dollars), the 1st version of the Trust Shop Automated ATF Form System was released. Though the Form System produces ATF Applications in the exact same format and appearance as those created using the ATF’s Templates, the process of filling out the Forms is completely different.
Instead of muddling through the nonsensical ATF madness, customers are provided with thorough and easy to follow directions. Rather than meaningless open-ended questions, customers find clear and concise prompts, which makes them feel confident that they are providing the correct information for each question.
The ATF Form System gives you examples of where to find the information you need from other documents
What used to be a frustrating and time-consuming nightmare, turned into a quick and painless process. The end result is that the exact same ATF Application is produced, but the process of creating the Application is much, much easier. By January 31, 2018, our customers had created more than 1000 Form 1, 4, 20, & 23 Applications using the Trust Shop Automated Form System.
And, just like every other time, the improvements paid off. By investing time and money on systems that eliminate the confusion surrounding the NFA, we have been able to add value to our products, and decrease costs at the same time.
Try it out for yourself:
So how do we do it for $49?
Well… It all boils down to this:
| 1. | We’ve been creating Gun Trusts for over 10 years |
| 2. | We literally have the process down to a science |
| 3. | Satisfied customers and Gun Stores continue to spread the word |
| 4. | Each year the number of trusts we create increases |
| 5. | Each year our expenses decrease |
| 6. | We produce the finest Gun Trust available |
| 7. | We’ve expanded our product line to include laminated Gun Trusts, binders, and portfolios |
| 8. | We provide incredible customer service, and |
| 9. | Most important of all, our Mission is to Advance & Protect 2nd Amendment Rights! |
The most comprehensive Gun Trust package available!
You simply won’t find a better product anywhere on the market! 100% Customer Satisfaction Guaranteed. We love what we do… and it shows! But don’t take our word for it… Check out some of the Reviews from other Customers.
Yes
According to the ATF, the use of a Barcoded Form 4 substantially decreases Form 4 Application processing times. All of the information you enter (when using the Barcoded Form 4 Generator) is automatically compressed into a Compressed Data Barcode Field then the Barcode is automatically added to your Form 4. When the ATF receives your Form 4 Application they scan your Barcode with a special Barcode Reader, which automatically adds all of your information into the ATF Form 4 system. Using a Barcode eliminates the need for ATF Investigators to manually enter the information, which eliminates human error when processing Applications.
The Barcoded Form 4 Generator is a free service offered to Trust Shop customers. Just one more reason to use the Trust Shop!
Want to see how it works?
For Sure!
If you ever have any questions when you are filling out your Form 1, 4, 5, 20, or 23, we are here to help! The Trust Shop gives you a bunch of options when you need assistance. Choose from one of the following:
| 1. | Contact us and we will give you one-on-one assistance |
| 2. | Follow the comprehensive Directions Packet you received with your Gun Trust |
| 3. | Refer to one of our detailed articles:
10 Steps to a Tax Stamp |
| 4. | Or, Use one the Trust Shop Automated Form Generators – with detailed explanations and easy to follow instructions. We walk you through the Application process and email a copy of the completed Form directly to you |
Regardless of the method you choose, the Trust Shop is here to make sure your ATF Forms get filled out the right way. If you aren’t completely convinced, you should read some of our Customer’s Testimonials.
Your customer is required to have their Gun Trust with them when they are in possession of their NFA Firearms. When your customer Laminates their Trust, it makes it easy to always have a copy on hand. And… It’s the perfect way to preserve the paperwork for a lifetime.
We now offer miniature laminated Gun Trusts that are even easier to stow in a Rifle Case, Range Bag, Glove Box or Gun Safe.
Miniature Laminations measure approximately 5″ x 6.5″
Ideal for:
★ Taking to the Shooting Range
★ Storing in a glove box
★ Keeping a copy in the console
★ Stowing in the pocket of a Range Bag
★ Keeping a copy in the Gun Safe
Features:
★ Clasp for easy attachment to range bag
★ Highest quality lamination film
★ Fade Resistant & Peel Resistant
★ Thick 5mil film used on mini Gun Trust
★ Warp Resistant
The Gun Trust Portfolio has plenty of room to hold your Gun Trust and all of your Tax Stamps at the same time.
★ Available in Black, Dark Blue, & Red
★ Printed on high quality 32 lb. paper
★ Professionally printed Cover Sheet
★ Big enough for Gun Trust & Tax Stamps
★ Expandable (up to 100 pages)
★ Protects Gun Trust from spills and soiling
★ Keeps your documents in one place
★ Allows easy identification of your Gun Trust
Guaranteed to keep your customer’s documents safe
FOREVER!
FOREVER!
The highest level of protection available for the most important documents you customer will ever own.
The Gun Trust Preservation Package Includes:
★ 1st Gun Trust – professionally printed on 32 lb. Bond Paper of the highest quality
★ 2nd Gun Trust – Full-Size Laminated edition, hole-punched to fit in Binder
★ 3rd Gun Trust – Miniaturized & Laminated in thick protective film with secure clip for attaching to a Range Bag or Rifle Case
★ 20 Document Protectors – for Original Gun Trust and Tax Stamp documents
★ Tabbed Dividers – Your customer’s documents are organized and easy to find by flipping to the correct tab
★ 3-Ring Binder – Everything is locked into place inside a Heavy Duty, Crush-Proof, 3-Ring Binder (available in Black or Blue)
★ Customized for your customer – The clear sleeve on the front of the Binder displays the Trust Shop Logo and the name of your customer’s Gun Trust
In addition to protecting your customer’s documents for life, the Preservation Packet looks awesome! It’s customized on the front and the spine with the Trust Shop Logo and the Name of your customer’s Gun Trust, making the Gun Trust Preservation Package look great and easy to identify.
Lamination, Binders, & Other Cool Stuff
Laminated Gun Trusts
Full-Size & Mini
You’re required to have your Gun Trust with you when you are in possession of your NFA Firearms. Laminating your Trust makes it easy to always have a copy on hand. And… It’s the perfect way to preserve your paperwork for a lifetime.
We now offer miniature laminated Gun Trusts that are even easier to stow in your Rifle Case, Range Bag, Glove Box or Gun Safe.
Miniature Laminations measure approximately 5″ x 6.5″
Gun Trust Portfolio
The Gun Trust Portfolio has plenty of room to hold your Gun Trust and all of your Tax Stamps at the same time.
| ★ | Available in Black, Dark Blue, & Red |
| ★ | Printed on high quality 32 lb. paper |
| ★ | Professionally printed Cover Sheet |
| ★ | Big enough for your Gun Trust & all of your Tax Stamps |
| ★ | Expandable (up to 100 pages) |
| ★ | Protects Gun Trust from spills and soiling |
| ★ | Keeps your documents in one place |
| ★ | Allows easy identification of your Gun Trust |
Gun Trust Preservation Package
you can get for your Gun Trust.
The Gun Trust Preservation Package provides the highest level of protection available for your Gun Trust and Tax Stamp paperwork. And… it’s guaranteed to keep your documents safe FOREVER!
Incredible protection in style. $59.95 is a small price to pay for life-long protection of the most important documents you will ever own.
Laminated Tax Stamps
To make things even easier, we will shrink your documents and then laminate them. This way your Tax Stamps will fit in the pocket of your Range Bag or Rifle Case. All miniaturized documents are laminated in an even tougher and more weather resistant 5mil lamination film. There just isn’t any better way to go than miniaturizing and laminating your NFA paperwork.
Features:
| ★ | Highest quality lamination film |
| ★ | 5mil film used on miniaturized Gun Trust |
| ★ | 3mil film for full-size documents |
| ★ | Warp Resistant |
| ★ | Fade Resistant |
| ★ | Mini version has clasp for attaching to range bag or rifle case |
Laminating your Tax Stamps is the most rugged and durable option in Title II Firearm Document protection. All of your Tax Stamps are guaranteed to last a lifetime.
The most comprehensive Gun Trust package available!
You simply won’t find a better product anywhere on the market! 100% Customer Satisfaction Guaranteed. We love what we do… and it shows! But don’t take our word for it… Check out some of the Reviews from other Customers.
How to fix your old Gun Trust
“Can you fix my old Gun Trust?”
Your current Gun Trust isn’t what you want it to be and you want to make some changes. This usually happens because of one (or more) of the following issues:
| ⚬ | Your Gun Trust isn’t 41F compliant | ||
| ⚬ | Your trust puts a limit on the number of Co-Trustees you can have | ||
| ⚬ | You don’t really have a Gun Trust at all. Instead, you’ve got a 3-page, fill-in-the-blank, Quicken Will-Maker document that you got from the gun store | ||
| ⚬ | You have a stack of Amendments stapled to the back of your trust and it is starting to get really confusing | ||
| ⚬ | Or, maybe your Gun Trust is just really outdated |
The problem is that you are faced with one of the following scenarios
| ⚬ | The company that sold it to you is out of business | ||
| ⚬ | They won’t return your calls/emails | ⚬ | They want a small fortune to make the changes |
| ⚬ | You want to do it yourself, but you don’t know where to start |
Regardless of the reason it needs to be fixed,
you want a Gun Trust you can feel confident about!
| ⚬ | Revise your old trust by creating an Amendment | ||
| ⚬ | Completely replace your old trust with a Restatement of Gun Trust |
Creating an Amendment
If you got your Gun Trust from the Trust Shop, creating an Amendment is really easy. All you have to do is enter the changes you want into the Automated Gun Trust Amendment Generator and your Amendment will be created instantaneously & Completely free of charge. If you didn’t get your Gun Trust from the Trust Shop, you will have to pay someone to create your Amendment or create it yourself. Creating an Amendment isn’t the easiest thing in the world, but never fear… the Trust Shop guys are here.
First-Things-First
Is an Amendment right for you?
To answer this question you need to understand some of the basics about Amendments.
An Amendment is a document that gets attached to your Gun Trust and becomes a permanent part of the original Gun Trust document. The Amendment replaces a small portion of your original Gun Trust. When you create an Amendment, you don’t remove any of the existing Gun Trust And you don’t delete or cross out any of the language in the existing trust. Instead, you simply add your changes to the Amendment and give some directions that say the new information replaces the old.
For example:
Jimmy Kirk has a Gun Trust named the USS Enterprise Firearms Trust that says the following:
Co-Trustees
James Tiberius Kirk appoints Spock and Bones as Co-Trustee to the USS Enterprise Firearms Trust
When Jim originally created his Gun Trust, Spock and McCoy were his only friends responsible enough to be Co-Trustees. But, over time, Scotty git his act together, so Jim wants to add him as a Co-Trustee, so Cap’t Jimmy creates an Amendment that looks like this:
I, James Tiberius Kirk, replace Article II of the USS Enterprise Firearms Trust with the following:
Co-Trustees
James Tiberius Kirk appoints Spock, Bones, and Scotty as Co-Trustee to the USS Enterprise Firearms Trust
Amendments work great, but they have a few down-sides:
| 1. | They only replace the section of your trust that is listed on the Amendment |
| 2. | The language needs to match up exactly with the original Gun trust |
| 3. | They have to be attached to the back of the original trust |
| 4. | If you hire a lawyer, it can cost between $150 and $300 per Amendment |
| 5. | So, if you wanted to replace 10 paragraphs, you could be looking at a completely impracticable amount of money |
That is where the Restatement of Trust comes into play.
A Restatement works almost the same way as an Amendment, except that there are none of the down-sides.
And… the Restatement of Gun Trust has some major benefits.
| ★ | The Restatement replaces the entire trust (not just a single section). The only thing that doesn’t change is name of the trust and the name of the person that created the trust |
| ★ | there is no need to make sure the language matches exactly. The Restatement of Trust can be completely customized. |
| ★ | No need to attach it to your old trust, which means you can toss the old trust in the filing cabinet |
| ★ | The Restatement of Trust only costs $79 when you use the Trust Shop |
| ★ | there is no need to send any additional paperwork to the ATF. That means you don’t have to pay the $200 Transfer Fee for each of the NFA Firearms that are in your current trust. |
The most comprehensive Gun Trust package available!
You simply won’t find a better product anywhere! 100% Customer Satisfaction Guaranteed. We love what we do… and it shows! But don’t take our word for it… Check out some of the Reviews from other Customers.
Additional Gun Trust Forms
When you get your Gun Trust from the Trust Shop you can create any of the following trust documents for free, whenever you need them. Just click on the name of the document you want to create.
Revise your Gun Trust
Create a Gun Trust Amendment when you want to revise your Gun Trust. You can use this form to add & remove Co-Trustees, add & remove Beneficiaries, or change your Successor (back-up) Trustee.
Assignment Sheet
An Assignment Sheet is how Trust Shop customers can easily add NFA Firearms & personal firearms to their Gun Trusts.
Memorandum of Contribution
Create a Memorandum of Contribution whenever you use your personal money (instead of Gun Trust money) to purchase Firearms.
The most comprehensive Gun Trust package available!
You simply won’t find a better product anywhere on the market! 100% Customer Satisfaction Guaranteed. We love what we do… and it shows! But don’t take our word for it… Check out some of the Reviews from other Customers.
Customer Privacy
What we do with your information
There are two different kinds of privacy we take very seriously at the Trust Shop:
1. Privacy about firearms ownership
Owning firearms in your Constitutional right! And we think it’s nobody’s business how many firearms you own, or what type of firearms you own. Unfortunately, our liberal-minded government feels differently. Think about it, one of the main reasons you are reading this page is that you are concerned about protecting your right to bear arms and you want to keep that information private.
You know a Gun Trust will help you keep your information private. But you might be a bit hesitant about creating a trust, because you don’t want to enter all of your personal information on a Gun trust website. That’s why the Trust Shop takes extra steps to protect our customers private information.
When you create a Gun Trust with the Trust Shop, your information is safe. All of the personal information you enter on our Gun Trust Information Form is automatically deleted as soon as we create your trust. The only information we keep (a copy of your Gun Trust) is held on our private secure server. Everything else is deleted. And, if requested, we will delete your Gun Trust from our records, as well. We typically keep a copy of your trust in the event you need us to send you an additional copy. But if you prefer, we will completely wipe your information from our servers.
2. Privacy about your personal information in general
Our website uses Secure Socket Layers Technology to encrypt all of your personal information. That means, your information is virtually inaccessible by anyone but us. And, to make things even more secure, we use a payment processing system that further encrypts your payment information. The only payment information we have access to is the last 4 numbers of your credit card. That’s because your payment information is encrypted and transmitted directly to the payment gateway, without us ever seeing a thing.
Something to keep in mind: No matter where you get your Gun Trust, make sure the website has the lock icon in the web address (like the picture above). That little lock tells you that the website is using a secure link, which is the minimum amount of protection you need when making a payment on the internet.
When you use the Trust Shop, you are 100% guaranteed that none of your personal information will ever be given to anyone. Unlike other websites, we will never sell your email address to a marketing company and we will not send you meaningless bulk email messages. Your information never gets distributed to anyone for any reason!
In addition to protecting your information while you are visiting the Trust Shop, we also give you a way to keep your information private down the road.
A Certification of Trust is a super-condensed version of your Gun Trust that only shows the bare-bones information required by your state. That way, nobody knows that your Gun Trust is, in fact, a Gun Trust, because it looks just like a regular, every day, ordinary trust.
use of a Certification of Trust is approved in 42 of our 50 states. When you are filling out the Gun Trust Information Form you will have the option of adding a Certification of Trust, unless you live in one of the eight states that hasn’t yet approved the use of a Certification of Trust.
The most comprehensive Gun Trust package available!
You simply won’t find a better product anywhere! 100% Customer Satisfaction Guaranteed. We love what we do… and it shows! But don’t take our word for it… Check out some of the Reviews from other Customers.
but, Absolutely Not!
When you use a 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 accomplished by attaching a ‘Schedule’ to your Gun Trust (a terrible idea) or by using an Assignment Sheet (WooHoo!)
A ‘Schedule’ 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. At times, you will be required to show a complete copy of your Gun Trust to individuals such as ATF Agents, bank employees, and gun store employees. If your Gun Trust uses a ‘Schedule’ to list out the Gun Trust inventory, you may experience the following:
- 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 NFA Gun Trust uses a much more discreet & confidential method for adding property to your Gun Trust.
The Trust Shop Assignment Sheet is the safe & private way to add firearms to your Gun Trust! The Assignment Sheet does the exact same thing as a ‘Schedule’ without the down-side of a complete inventory list. The difference is that the Assignment Sheet does not become 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 Sheet:
- No comprehensive inventory list
- Use as many different Assignment Sheets as you want
- ATF only requires you to submit a single Assignment Sheet 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 FREE Assignment Sheets for LIFE!
Assignment Sheets are one of the many benefits you get with a Trust Shop NFA Gun Trust
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 $200 doesn’t sound like a very significant deterrent, but did you know that $200 in 1934 is equivalent to $3800 today. Nevertheless, as criminals don’t register their guns, the tax only imposes q burden law abiding citizens & restricts the freedom to bear arms guaranteed under the 2nd Amendment to the Constitution of the United States of America.
Firearms subject to the 1934 Act include:
• a shotgun having a barrel or barrels of less than 18 inches in length;
• a weapon 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;
• a rifle having a barrel or barrels of less than 16 inches in length;
• a weapon 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, as defined in subsection (e);
• a machinegun;
• any silencer (as defined in section 921 of title 18, United States Code); and
• a destructive device.
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 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)
SOT Class
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 SOT – 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 SOT – 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 SOT – 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
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 limits.
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.
Note: 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.
Absolutely!
One Gun Trust is all you ever need! Once your Create your Gun Trust is complete, you can use it for every NFA item you ever purchase or build
Additionally, you can use your Gun Trust for your personal (Title I) firearms collection. Giving your personal firearms to the Gun Trust gives you the power to state who you want to inherit the items, without the need for the costly & time consuming probate process.
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 the Gun Trust gives you the power to state who should inherit the items, and completely eliminates the costly & time consuming probate process. By putting your personal firearms into your Gun Trust, you will save your loved ones thousands of dollars in lawyer fees and court costs that come from Probate. Even if you never buy a single NFA Firearm, creating a Gun Trust for your personal firearm 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.
Creating your Gun Trust is easy when you use the Trust Shop. We created an easy to follow information form that has detailed explanations to guide you through the process. As soon as you submit your information, the Trust Shop lawyer will review your answers to make sure everything looks good. Within a few hours you will 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.
It won’t be long before you’re at the range using your new suppressor, SBR, or machine gun!
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 support and the 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 Sheets to use for Form 1, 4, & 5 Applications
- Unlimited Support from the Trust Shop Gun Trust Lawyers
- Access to the Trust Shop
ATF Form System - Confidence that your Gun Trust is ATF & 41F Compliant
- Updates on all ATF issues that affect your Gun Trust
Gun Trusts provide many benefits.
But, there are several benefits that really stand out
All of the firearms in a Gun Trust avoid the probate process. This means your Beneficiaries will receive the NFA items without the interference of the courts. You save a lot of money in court costs, eliminate any public record concerning the NFA items, and expedite the transfer process
With a Gun Trust you can have Co-Trustees that are able to legally possess the NFA firearms in the gun trust. Co-Trustees can be added or removed (free if you use the Trust Shop) at any time. However, if an NFA item is owned by an individual, only that person can legally possess the NFA item.
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 them. 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 will get all of your toys back.
Get all the benefits of a Gun Trust
Maybe. But, it’s a really terrible idea!
Technically a family trust is legal to use for an NFA Firearm, 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.
Specifically designed for personal and NFA firearms
Yes
Funding your trust is when you give some property to your trust. If your trust isn’t funded, then it doesn’t actually exist.
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 and deposit some money into the account
– Give one of your Title I (personal) firearms to the trust
There are different ways you can give property to a trust. The Trust Shop uses Assignment Sheets, which are documents that include a description of the property (serial numbers in the case of cash), the date the property is transferred, a Settlor or Trustee’s signature, and witness signatures.
One of the benefits of using the Trust Shop is that you get an unlimited number of Assignment Sheets to use for transferring property into your trust. And, we don’t just send you a bunch of blank forms… We help you fill them out!
Yes!
But, there are a few things you 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. Comingling is when you mix your personal money and trust money together. Comingling 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, & name of the item. 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 one of the many benefits you get with a Trust Shop NFA Gun Trust
There are two ways that an individual, trust, corporation, limited liability company, or partnership, may legally acquire NFA firearms:
• 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 your 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. 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
When you build a silencer or an SBR from scratch, you need to give your new firearm a Serial Number. The requirements for a Serial Number are:
➥ Must contain a minimum of 4 digits
➥ At least 1 of the digits must be a number
➥ Cannot be a duplicate of any serial number you have used in the past
Most Trust Shop customers use Serial Numbers such as 0001 or 2019-1 for their first NFA Firearm. Then, 0002 or 2019-2 for their second NFA Firearm, and so on.
Additional Information about Beneficiaries
You must have at least one Beneficiary.
Beneficiaries are not Responsible People (under ATF Rule 41F).
That means your Beneficiaries don’t need to send any paperwork to the ATF.
You can name as many Beneficiaries as you want.
Anyone can be a Beneficiary (there is no age requirement).
You can add or remove Beneficiaries as many times as you want, completely free of charge!
This is where you, or your customer, will find additional info and a more detailed description about a particular question.
No
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.
Absolutely Not!
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 & Co-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 Co-Trustees at the time you send in your Application. If you decide not to name any Co-Trustees when you create your Gun Trust, you can always change your trust and add them later. The ATF says: “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 Co-Trustees after receiving your Tax Stamp, no Responsible Person paperwork is required. However, if you still have Co-Trustees when you apply for your next Silencer or SBR, you either have to remove them as Co-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 Co-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 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.
No
The ATF finally came to their senses… at least about double-sided printing.
Form 4 – Direction 2 Preparation of Application states:
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 Form 4!
Yes!
Here are a few suggestions about where to keep 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, at least use your phone to take pictures of each page of the Gun Trust
- Print out several copies of your Gun Trust
- Give each Co-Trustee a paper copy of the Gun Trust, as well as an electronic PDF version
- Give a copy to your Successor 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 copy into a zip-lock bag before putting it into our rage bag, gun case, etc. Each time we purchase a new silencer (or SBR), we attach a copy of the new Assignment Sheet to each copy of our Gun Trust. When we receive a new Tax Stamp, we make a bunch of copies and attach one to each copy of our Gun Trust. We always scan the new Tax Stamp into PDF format and then put the original Tax Stamp into the gun safe.
When you submit your Gun Trust to the ATF with your Form 1, 4, or 5, Never send them the original Gun Trust. The ATF will not return your Gun Trust documents when they mail your new Tax Stamp to you.
Note: The copy of your Gun Trust that you send to the ATF should not contain copies of previous Assignment Sheets or Tax Stamps. Only attach a copy of the current Assignment Sheet that provides the specifics of the Firearm listed on the Form 1, 4, or 5,
Miniature Laminated Gun Trusts
A great way to make sure you always have a copy of your Gun Trust with you
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 on two occasions: When you open a bank account for your Gun Trust, and when you 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).
Nothing!
If you got 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. If you want to know what previous Trust Shop customers think about the “Free Revisions For Life, you should read some of our Trust Shop Customer Reviews
As many as you want!
The Trust Shop doesn’t place a limit on the number of Co-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.
It Depends…
On July 13, 2016, ATF Final Rule 41F went into effect. The Rule states that every time a Gun Trust submits a Form 1 or Form 4 Application to the ATF, all responsible persons are required to submit the following items to the ATF:
- Responsible Person Questionnaire, (ATF form 5320.23)
- Photographs, and
- Fingerprints
And, submit the following documentation to their chief law enforcement officer (CLEO):
- Copy of the Responsible Person Questionnaire (ATF form 5320.23)
A Responsible Person is anyone that could have control over the NFA items in a Gun Trust. In a Trust Shop Gun Trust the Responsible People are the Settlor, Trustee, and Co-Trustees. The Successor Trustee and the Beneficiary of a Gun Trust from the Trust Shop, are not “Responsible People.”
Sometimes Gun Trusts from other places use different names for the people involved with the trust. Some of the more commonly used names are: Settlor, Grantor, Creator, Maker, Trustee, Co-Trustee, Partner, Agent, Member, Officer, Board member, and Director.
The important thing to remember is that it doesn’t matter what title a person has, but rather how much authority, power, and control they have. If a trust gives a person any kind of control over the NFA items, that person is considered a “Responsible Person.” Likewise, just because a person is appointed to one of these roles (Co-Trustee, Partner, Agent, etc.), that doesn’t mean they are necessarily “Responsible Persons.”
In a nutshell, a person is considered “Responsible” based on the amount of authority they are given by the trust, NOT based on their title.
Steps to creating an Amendment
1. Identify the Amendment
The first thing you need to do is identify the document as an Amendment. To properly identify the document as an Amendment you must include the folowing information:
- How many Amendments have been created for your Gun Trust;
- Your name and a statement that you are the creator if the Gun Trust;
- The name of your Gun Trust;
- The County and State where your Gun Trust is located;
- The date your Gun Trust was originally created; and
- The date the Amendment will go into effect.
Here is an example of Bob’s Identification paragraph:
This is the First Amendment by Bob Hancock, of Maricopa County, Arizona, as Settlor (the “Settlor”), and Bob Hancock, of Maricopa County, Arizona, as Trustee (the “Trustee”), to the Whisper Quiet Trust dated December 31, 2015. This amendment is dated and will be effective as of January 1, 2018..
2. Prove that the Gun Trust can be Amended
Your Gun Trust is a specialized type of revocable Living Trust. That means you can Amend your Gun Trust as many times as you want. But, in order for the Amendment to be valid, it must include the language from your trust that says the Gun Trust can be amended. Somewhere in your Gun Trust there is a sentence or a paragraph that explains how you have the right to make changes (Amendments) to your Gun Trust.
Bob’s Gun Trust has a paragraph that talks about amending his Gun Trust. Article VIII of the Whisper Quiet Trust says: “Bob Hancock shall have, and hereby reserves, the continuing right and power, exercisable by Bob Hancock alone, and without the consent or approval of any other person, during any period when Bob Hancock is competent, to amend or revoke this Agreement, in whole or in part.” So Bob’s Amendment needs to include a reference to Article VIII of his Gun Trust. * Bob doesn’t need to include the actual language from his Gun Trust, just a reference to the aprt of the trust that talks about revisions. For example, Bob could satisfy this requirement by including the following statement:
In accordance with the right of amendment, I reserved in Article VIII of the Trust, I hereby amend the Whisper Quiet Trust as follows:
3. Identify the part of the Gun Trust you’re amending
Because Bob wants to add an additional Co-Trustee to his Gun Trust, he needs to include a statement that he is creating an amendment that will replace the paragraph that lists the names of his Co-Trustees. Bob’s list of Co-Trustees is loacted in Article V of his Gun Trust in Paragraph 2. So, Bob might identify the part of his Gun Trust that he is changing by including the following statement:
I replace Paragraph 2 of Article V of the Trust to read as follows:
4. Enter the new information
Bob is adding his son Tom as a Co-Trustee to the Gun Trust. Bob has already named his older children (John & Jane) as Co-Trustees of the Gun Trust. So you would think that Bob could simply state that he is adding Tom as a new Co-Trustee, but it idn’t quite that easy. Because an amended paragraph completely replaces the existing paragraph, Bob will need to list all three kids in the amended paragraph.
Paragraph 2 of Article V in Bob’s Gun Trust currently says:
2. Bob Hancock appoints John Hancock and Jane Doe as Co-Trustees of the Whisper Quiet Trust.
So Bob’s Amendment should state the following:
2. Bob Hancock appoints John Hancock, Jane Doe, and Tom Hancock as Co-Trustees of the Whisper Quiet Trust.
5. Include a statement that the rest of the Gun Trust remains as-is (unchanged)
Because Bob made changes to a portion of his Gun Trust, he needs to include a statement that the rest of the trust is not included in the Amendment. For example, Bob could include the following statement at the bottom of the Amendment:
In all other respects I ratify and confirm all of the provisions of the Trust Agreement to the extent not inconsistent with this amendment.
6. Insert a Signature and Date Block
Anytime you create an Amendment you have to sign and date the document. Here is an example of what Bob uses as a Signature & Date Block:
IN WITNESS WHEREOF, the Settlor &amo; Trustee has hereunto set his hand on this 1st day of January, 2018
_________________________________________
Bob Hancock, Settlor & Trustee
7. Add a place for the Notary to sign
Remember: When you get ready to sign your Amendment, you have to sign it in front of a Notary Public. Notaries sign their name, record the date, and add their Notary Seal to the document, as proof that they were present when the Amendment was signed. Here is what Bob added to his Amendment:
State of ________________ )
) ss.
County of _______________ )
On this 1st day of January , 2018 before me, a Notary Public,
personally appeared Bob Hancock, to me known to be the person described
in and who executed the foregoing instrument, and acknowledged that he
executed the same as his free act and deed.
In testimony whereof, I have hereunto set my hand and affixed my official seal in the
county and state aforesaid, the day and year first above written.
__________________________
Notary Public
___________________________
Print Name
My Commission Expires _______________ SEAL:
8. Add a place for the Withesses to sign
Almost every state requires Trust documents to be signed in the presence of 2 Witnesses. Even if you happen to live in one of the few states that doesn’t require 2 Witnesses, it’s a good idea to add them to your Amendment anyway. There are several reasons this, but none are more important that the fact that the ATF may deny or delay your ATF Applications. We’ve heard that the ATF has started denying or delaying Form 1 & 4 Applications that don’t contain 2 witness signatures on all Gun Trust documents (including the Amendment). You can use anyone as a Witness, so quit moaning and go ask the lady at the gas station to sign her name on the line.
Here is what Bob adds to his Amendment:
On the day and year last above written, this Trust Agreement was duly executed and acknowledged by Bob Hancock, in the presence of us, who thereafter, in his presence, have hereunto subscribed our names as witnesses
_______________________ _______________________
Signature Witness 1 Signature Witness 2
_______________________ _______________________
Address Address
_______________________ _______________________
City, State. Zip City, State. Zip
9. Create a Signature Sheet for each new Co-Trustee
Every new Co-Trustee will need their own Signature Sheet, just like the one you will sign. Remember to include a Notary block and a Witness section for each Signature Sheet. Co-Trustees that were on the old version of your Gun Trust do not need to sign the trust again.
Here is what the final product would look like:
First Amendment to the Whisper Quiet Trust
This is the First Amendment by Bob Hancock, of Maricopa County, Arizona, as Settlor (the “Settlor”), and Bob Hancock, of Maricopa County, Arizona, as Trustee (the “Trustee”), to the Whisper Quiet Trust dated December 31, 2015. This amendment is dated and will be effective as of January 1, 2018.
In accordance with the right of amendment, I reserved in Article VIII of the Trust, I hereby amend the Whisper Quiet Trust as follows:
I replace Paragraph 2 of Article V of the Trust to read as follows:
2. Bob Hancock appoints John Hancock, Jane Doe, and Tom Hancock as Co-Trustees of the Whisper Quiet Trust.
In all other respects I ratify and confirm all of the provisions of the Trust Agreement to the extent not inconsistent with this amendment.
(Bob’s Signature Sheet)
IN WITNESS WHEREOF, the Settlor & Trustee has hereunto set his hand on this 1st day of January, 2018
_________________________________________
Bob Hancock, Settlor & Trustee
State of ________________ )
) ss.
County of _______________ )
On this 1st day of January , 2018 before me, a Notary Public, personally appeared Settlor and Trustee Bob Hancock, to me known to be the person described in and who executed the foregoing instrument, having been sworn, declared to the undersigned officer, in the presence of witnesses, that he signed the instrument as his First Amendment to the Whisper Quiet, and acknowledged that he executed the same as his free act and deed.
In testimony whereof, I have hereunto set my hand and affixed my official seal in the county and state aforesaid, the day and year first above written.
__________________________
Notary Public
__________________________
Print Name
My Commission Expires _______________ SEAL:
On the day and year last above written, this First Amendment to the Whisper Quiet Trust was duly executed and acknowledged by Bob Hancock, in the presence of us, who thereafter, in his presence, have hereunto subscribed our names as witnesses
_______________________ _______________________
Signature Witness 1 Signature Witness 2
_______________________ _______________________
Address Address
_______________________ _______________________
City, State. Zip City, State. Zip
(Tom’s Signature Sheet)
IN WITNESS WHEREOF, the Co-Trustee has hereunto set his hand on this 1st day of January, 2018
_________________________________________
Tom Hancock, Co-Trustee
State of ________________ )
) ss.
County of _______________ )
On this 1st day of January , 2018 before me, a Notary Public, personally appeared Co-Trustee Tom Hancock, to me known to be the person described in and who executed the foregoing instrument, having been sworn, declared to the undersigned officer, in the presence of witnesses, that he signed the instrument as the First Amendment to the Whisper Quiet, and acknowledged that he executed the same as his free act and deed.
In testimony whereof, I have hereunto set my hand and affixed my official seal in the county and state aforesaid, the day and year first above written.
__________________________
Notary Public
___________________________
Print Name
My Commission Expires _______________ SEAL:
On the day and year last above written, this First Amendment to the Whisper Quiet was duly executed and acknowledged by Tom Hancock, in the presence of us, who thereafter, in his presence, have hereunto subscribed our names as witnesses
_______________________ _______________________
Signature Witness 1 Signature Witness 2
_______________________ _______________________
Address Address
_______________________ _______________________
City, State. Zip City, State. Zip
Note: There is a Signature Page for Bob and an additional Signature Page for Thomas. Bob has to sign the Amendment because he is the one that is revising the Gun Trust. Tom has to sign because he is new to the Gun Trust and has to agree to become a Co-Trustee. John and Jane do not need to sign the Amendment because they already signed the Original Gun Trust.
LAWS THAT REGULATE FIREARMS
The vast majority of the laws we will discuss are going to be those laws that regulate the buying and/or building of Silencers, Short-Barreled Rifles, Short-Barreled Shotguns, Destructive Devices, Machine Guns, and “Any Other Weapons,” which are often referred to as “NFA Firearms.” So, before we get the cart in front of the horse, let’s talk more generally about laws
State vs Federal Firearms Laws
There are two sets of laws that regulate NFA firearms: Federal law and State law.
STATE STATUTES
We won’t spend too much time on State Law, as every state has different rules and regulations. If you want to read your State’s laws, you can find them in the state statutes. But unfortunately, your state’s firearms laws are usually difficult to find, as they are typically spread out all over the place. As each law is passed, it gets added to the statutes, which are grouped by the date the law was passed, not by the subject matter. That’s why we recommend starting your search by visiting the the NRA website. The NRA has grouped all of the relevant state laws into one place, which makes them much easier to find. At a minimum, the NRA website will give you a solid start on tracking down the individual statutes you are looking for.
FEDERAL STATUTES
Our main focus is going to be on the Federal laws that apply to NFA firearms, which can be found in two main places:
The first place to look is in the Federal Statutes (Statutes is a big word that is used for laws that have been passed by Congress). Even though Congress is continually passing gun laws, most gun laws have been grouped together into big packages called Acts. There are three main Acts for gun laws, The National Firearms Act (NFA), Gun Control Act (GCA), and the Firearm Owners Protection Act.
History of the Federal Firearms Statutes
In 1934, the National Firearms Act (NFA) was passed as an effort to deter gangsters (like Al Capone) from killing everyone and committing other violent crimes. The Feds reasoned that crime would go away if they taxed the guns used by the gangsters. The Act primarily imposed a $200 tax on machine guns, silencers, and sawed-off shotguns. It also required people to register machine guns, silencers, and sawed-off shotguns. And, it made possession of unregistered firearms a felony.
The Gun Control Act (GCA) was passed in 1968 in response to the assassination of President Kennedy. The Act was designed to impose much stricter licensing and regulation of the firearms industry. The Act created new categories of firearms offenses and prohibited the sale of firearms or ammunition to felons and certain other people that are known as “prohibited persons.”
In 1982, a Senate subcommittee conducted a study on the 2nd Amendment and on the people that were being prosecuted for firearms related crimes. The resulting report stated the more than 75% of the prosecutions coming from ATF arrests were “aimed at ordinary citizens who had neither criminal intent nor knowledge, but were enticed by agents into unknowing technical violations.”
In 1986, Congress responded to these unintended and undesirable results by passing the Firearm Owners Protection Act (FOPA). The FOPA made it easier to purchase guns and ammunition and reduced the record keeping requirements of gun store owners. Additionally, because the ATF had been abusing their power (by repeatedly inspecting gun stores solely to harass them), the Firearm Owner’s Protection Act limited the ATF’s right to inspect gun stores’ record books to only one time per year. Unfortunately, in addition to the relaxed regulations found in the FOPA, the Act had some downfalls, including a ban on the sale of machine guns manufactured after 1986.
Interestingly, according to several sources, approximately 175,000 automatic firearms have been licensed by the ATF and evidence suggests that NONE of these weapons has ever been involved in a violent crime.
RULES
The second place you will find Federal Laws is in the “Rules.”
In addition to chasing “bad guys,” the ATF has “Rulemaking” authority, which is basically synonymous to “law” making authority. To understand how Rules work we first need to discuss how the ATF has the authority to enact the Rules.
ATF agents operate under the US Department of Justice and have some of the broadest law enforcement powers of any federal agency, as they are empowered to enforce any U.S. Statute. However, the ATF spends most of its time enforcing 2nd Amendment laws that were created by the three Acts mentioned above.
To Understand Rulemaking, you also need to know a little about the structure of the US Government and the ATF:
1. Article II of the Constitution gives the Executive Branch of the government (the President) the power to “execute and enforce” federal law.
2. Article II of the Constitution also gives the President the power to delegate the “execution and enforcement” responsibilities of the laws to various departments of the federal government (Including the United States Department of Justice (USDOJ).
3. The USDOJ and its 40 component organizations (including the ATF) are overseen by the Attorney General, which is appointed by the President (requiring Senate Confirmation).
4. The President also nominates someone as the Director of ATF. As with the AG, the appointment as Director of the ATF also requires a Senate Confirmation (you will understand the importance of Senate Confirmation further on in the story)
5. The Director of the ATF appoints a Deputy Director.
6. The Deputy Director hires department heads for their eight departments (called “Offices”).
What is a Rule?
If the ATF determines that the original wording of a law isn’t specific enough to cover a particular situation, they can amend the law by creating a Rule. A Rule is nothing more than a written statement of what the ATF thinks the law means, and how the law should be applied. Fortunately, the ATF has to follow a very specific process in order to create a Rule:
The Rulemaking Process
1. A draft of the proposed Rule gets submitted to the ATF’s Office of Information and Regulatory Affairs (OIRA).
2. By statute the OIRA must inform the public of the proposed Rule by publishing a “Notice of Proposed Rulemaking” in the Federal Register. Basically, think of the Federal Register as a newspaper and the Notice as a classified ad in the newspaper.
3. A 30-day (minimum) public comment period begins as soon as the Proposed Rule is published. During this 30-day period, the public can comment on the proposed rule.
4. The ATF is then obligated to respond to all comments and, if enough people raised similar concerns, the ATF may amend the Proposed Rule.
5. Once the ATF has a “final” version of the Rule, it is again reviewed by their internal regulatory people (OIRA).
6. The Final Rule is then published in the Federal register
7. Once the Final Rule is published, the Rule is considered “implemented” and it may now be “enforced” by the ATF.
Overturning a Rule
Once a Rule is implemented it is very difficult to change. There are only 3 ways to get rid of a Rule:
1. The Rule may be voided if Congress passes a Resolution of Disapproval. However, the President can decide to veto Congress’ Resolution, which makes it unlikely the Rule will be overruled. Think about it… the ATF personnel were appointed (either directly or indirectly) by the President, so he isn’t likely to overturn the Rule?
2. The Rule may be invalidated by the Supreme Court if they find the Rule is unconstitutional. This does happen occasionally, but the process takes a long time. Therefore, the Rule will be in effect for several years before the Supreme Court gets the opportunity to make a decision.
3. A new President appoints a new Attorney General. The new AG appoints a new Director of ATF. The new Director of the ATF proposes an amendment to the existing Rule.
Rulemaking example:
In the early 1980’s a police officer was shot and killed in the line of duty. Though the officer was wearing a vest, the bullet that killed him completely penetrated his body armor. In response to the shooting, Mario Biaggi (Congressional District Representative from New York), introduced H.R.4 (commonly known as The Law Enforcement Officers Protection Act or LEOPA). One of the results of LEOPA was an amendment to the Gun Control Act, which contains the following definition for armor piercing ammunition.
18 U.S.C. 921(a)(17):
(B) The term “armor piercing ammunition” means:
(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium; or
(ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.
In addition to defining armor piercing ammunition, the amendment placed statutory restrictions on the manufacture, possession and sales of armor piercing ammunition. However, Congress added a provision to the GCA that gave the Attorney General the authority to exempt certain ammunition “primarily used for sporting purposes.”
So, at this point we know three things:
1. Armor piercing ammo is exclusively defined as handgun ammo (rifle ammo is not included in the ban);
2. Armor piercing handgun ammo is illegal to manufacture, sell, or possess; and
3. The Attorney General can grant exemptions for ammo primarily used for sporting purposes.
In February 2015, the ATF proposed the following Rule:
Armor piercing bullets will be classified as “primarily intended to be used for sporting purposes” if the bullet is loaded into a cartridge for which the only handgun that is readily available in the ordinary channels of commercial trade is a single shot handgun.
Okay… That’s a bunch of legalese, so what does it mean?
The original ban on Armor Piercing Ammunition was limited to handgun ammunition, but the Proposed Rule would broaden the ban to include any bullet capable of being fired from a semi-automatic handgun. Therefore, ammunition in common rifle calibers (such as .223 caliber ammo) would become illegal to manufacture, as a few semi-automatic handguns use that caliber. It does not matter how many handguns are made in that caliber, so long as they are commercially available. Obviously, the result the Proposed Rule would be completely contrary to the intent of the original legislation, as passed by Congress.
During the 30-day open notice period following the Notice of Proposed Rule, more that 80,000 comments we made. Additionally, a letter was written to the ATF by 230 Congressmen that clearly explained and detailed how the ATF was egregiously exceeding the spirit and intent of the legislators. Finally, the ATF wrote a “Special Advisory” letter stating the following:
“Although ATF endeavored to create a proposal that reflected a good faith interpretation of the law and balanced the interests of law enforcement, industry, and sportsmen, the vast majority of the comments received to date are critical of the framework, and include issues that deserve further study. Accordingly, ATF will not at this time seek to issue a final framework.”
10 days later, the Director of the ATF resigned to “pursue opportunities in the private sector.”
Conclusion
Though the ATF decided not to continue their pursuit to ban armor piercing rifle ammunition, they have been successful at implementing hundreds of other nonsensical Rules. As Rules have the same force and effect of law, the ATF wields a tremendous amount of power through Rulemaking. Unfortunately, this power is often abused and our 2nd Amendment rights are further restricted. I don’t know about you, but I elected for my Congressional Representatives to enact the law, not some gun hating pencil pusher that works at the ATF.
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