How do you create a gun trust ?

[Trust123]

What is the name of your state? Texas

I am planning to buy a firearm sound suppressor (or I may chose to build it myself, still undecided) but I want my better half to be able to use it when I am not around.We both have hearing problems and gun noise is something we both would like to avoid.

When I search with google, regarding step-by-step instructions for how to set up one, I am getting pages and pages of search results by law firms. I tried to read a few of them but at the end every page, without fail, is directing you to contact them to file for your gun trust, to te tune of anywhere from $300 to $1000+

I am not worried about who will inherit my guns or whatever else. I just need to able to share my NFA restricted items with my spouse. We do not have any kids or people that we know who should inherit our stuff.

What is the simplest way to accomplish this? I heard there is something like 20 page form that I need to fill out, but I am unable to figure out how to do it and what kinds of gotchas I need to look out for.

Thanks in advance for any constructive answer.

 

[Zigner]

What is the name of your state? Texas

I am planning to buy a firearm sound suppressor (or I may chose to build it myself, still undecided) but I want my better half to be able to use it when I am not around.We both have hearing problems and gun noise is something we both would like to avoid.

When I search with google, regarding step-by-step instructions for how to set up one, I am getting pages and pages of search results by law firms. I tried to read a few of them but at the end every page, without fail, is directing you to contact them to file for your gun trust, to te tune of anywhere from $300 to $1000+

I am not worried about who will inherit my guns or whatever else. I just need to able to share my NFA restricted items with my spouse. We do not have any kids or people that we know who should inherit our stuff.

What is the simplest way to accomplish this? I heard there is something like 20 page form that I need to fill out, but I am unable to figure out how to do it and what kinds of gotchas I need to look out for.

Thanks in advance for any constructive answer.

You can't shortcut the process. Forms that need to be filled out simply need to be filled out. If you are not confident in your ability to do so, then you may wish to contact an attorney who specializes in this area of law (firearms).

 

[adjusterjack]

First of all, making your own seems to be a bad idea.

Read this:

https://bearingarms.com/camedwards/2022/03/09/atf-has-a-new-catch-22-requirement-for-suppressor-makers-n56229

I just need to able to share my NFA restricted items with my spouse. What is the simplest way to accomplish this?

I got this email address off the ATF website. Use it to ask "How can I license my suppressor/silencer so that I and my spouse can both use it.

[email protected]

Then sit back and wait for the response.

 

[bcr229]

07/C2 FFL/SOT since 2008

I got this email address off the ATF website. Use it to ask "How can I license my suppressor/silencer so that I and my spouse can both use it.

[email protected]

Then sit back and wait for the response.

The FFLC is the Federal Firearms Licensing Center. You contact them if you are interested in obtaining an FFL, which the OP isn't, he just wants to purchase or make a suppressor. He would need the NFA (National Firearms Act) division, which has contact info at https://www.atf.gov/firearms/national-firearms-act-division.

The ATF isn't going to help the OP to craft a "gun trust" or provide specific verbiage. Ordinarily I would say that any of the online services are fine... but they are, until they suddenly are not. I've read complaints that ATF is denying applications due to verbiage issue with some trusts where previously the same trust had Form 1's and Form 4's approved. The approval process is now taking over a year so the disapprovals are getting done at the 10-11 month mark.

I refer my customers to a local attorney to draft a generic trust that can hold any kind of property and they've been perfectly fine.

Also please do bear in mind that if you own Title II firearms then you should be concerned with who inherits them, either because your trust should have a beneficiary, or because if you own them as an individual then only designated heirs will inherit them tax free (see ATF Form 5) and anyone else would have to unnecessarily pay a $200 transfer tax per firearm to the ATF (see ATF Form 4).

 

[Trust123]

07/C2 FFL/SOT since 2008


The FFLC is the Federal Firearms Licensing Center. You contact them if you are interested in obtaining an FFL, which the OP isn't, he just wants to purchase or make a suppressor. He would need the NFA (National Firearms Act) division, which has contact info at https://www.atf.gov/firearms/national-firearms-act-division.

The ATF isn't going to help the OP to craft a "gun trust" or provide specific verbiage. Ordinarily I would say that any of the online services are fine... but they are, until they suddenly are not. I've read complaints that ATF is denying applications due to verbiage issue with some trusts where previously the same trust had Form 1's and Form 4's approved. The approval process is now taking over a year so the disapprovals are getting done at the 10-11 month mark.

I refer my customers to a local attorney to draft a generic trust that can hold any kind of property and they've been perfectly fine.

Also please do bear in mind that if you own Title II firearms then you should be concerned with who inherits them, either because your trust should have a beneficiary, or because if you own them as an individual then only designated heirs will inherit them tax free (see ATF Form 5) and anyone else would have to unnecessarily pay a $200 transfer tax per firearm to the ATF (see ATF Form 4).

Thank you for this answer. But it really doesn't address my question I am mainly looking for a document, which outlines in a step-by-step manner, which forms do I need to fin out, where I should submit them and warn me about the pitfalls I may encounter.

Again, I do nit have any children to worry about who will inherit my guns or other stuff after I pass away. If necessary I will designate a non-profit as a beneficiary but not my concern at this moment.

I just want to be able to set up this trust as quickly as possible, so that I can file my form 1 or form 4 with ATF under the trust

 

[Zigner]

Thank you for this answer. But it really doesn't address my question I am mainly looking for a document, which outlines in a step-by-step manner, which forms do I need to fin out, where I should submit them and warn me about the pitfalls I may encounter.

Again, I do nit have any children to worry about who will inherit my guns or other stuff after I pass away. If necessary I will designate a non-profit as a beneficiary but not my concern at this moment.

I just want to be able to set up this trust as quickly as possible, so that I can file my form 1 or form 4 with ATF under the trust

Consult with a local attorney with experience in firearms transactions.

To be clear, your ignorance of the matter, combined with your apparent desire to rush the process is a recipe for disaster if you try to do this as a DIY project.

 

[bcr229]

Thank you for this answer. But it really doesn't address my question I am mainly looking for a document, which outlines in a step-by-step manner, which forms do I need to fin out, where I should submit them and warn me about the pitfalls I may encounter.

Find a local (to you) FFL/SOT to walk you through the process the first time. We do this every day. You can find a list of all FFL's nationwide at https://www.atf.gov/firearms/listing-federal-firearms-licensees - just call around and see if they do Title II sales and transfers since not all FFL's are SOT's. Also ask what their transfer fees are, and if they have suppressors in stock so you can see what's available. They may also have a list of local attorneys who handle trusts for a reasonable price.

I would also suggest registering for an ATF eForms account as it expedites processing times. https://eforms.atf.gov/

eForms transfers are taking just over a year, paper transfers are a few months longer than that.

ATF Form 1 is to make a Title II firearm if one is not an FFL/SOT.
https://www.atf.gov/firearms/docs/form/form-1-application-make-and-register-firearm-atf-form-53201

ATF Form 4 is to transfer a Title II firearm where either the transferor or transferee is not an FFL/SOT.
https://www.atf.gov/firearms/docs/form/form-4-application-tax-paid-transfer-and-registration-firearm-atf-form-53204

The instructions are on the forms. If you use eForms the software won't let you submit a form with invalid data, which is another reason to use it versus filing the paper forms.