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Florida Gun Trust Services: Protect Your Rights & Your Legacy
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Secure your firearms, protect your family, and ensure compliant NFA ownership.
In Florida, responsible firearm ownership goes beyond safety training; it requires legal foresight. Whether you own National Firearms Act (NFA) regulated items like suppressors and short-barreled rifles, or simply want to pass down a family collection without government intrusion, a Florida Gun Trust is the premier legal instrument for protection.
We will prepare a custom Gun Trust to help ensure full compliance with Florida state laws and federal ATF regulations (including Rule 41F).
What Is a Florida Gun Trust?
A Florida Gun Trust is a special-purpose revocable living trust designed specifically to hold the title to firearms. Unlike a standard family trust, a Gun Trust is drafted to address the unique federal and state regulations surrounding firearm possession, transfer, and inheritance.
It creates a legal entity that owns the firearms, allowing you (the Grantor) to designate Co-Trustees (who can legally possess and use the items) and Beneficiaries (who inherit them).
Why Do You Need a Gun Trust in Florida?
Standard wills and generic trusts often fail to address the criminal liabilities associated with firearms. If a beneficiary inherits a restricted firearm without the proper legal framework, they could accidentally commit a felony.
1. Legal Possession for Multiple Users
The Problem: Under federal law, only the registered individual owner can possess an NFA item. If you own a suppressor individually and leave it at home with your spouse while you are at work, they may be in "constructive possession" of an unregistered NFA item—a potential federal crime.
The Solution: A Gun Trust allows you to name Co-Trustees (spouse, adult children, trusted friends). Any Co-Trustee can legally possess, transport, and use the trust's firearms without your presence.
2. Bypass Probate & Maintain Privacy
The Problem: Firearms transferred via a Will must go through probate. Probate is a public court process, meaning your firearm inventory becomes a matter of public record, accessible to anyone.
The Solution: Assets in a Gun Trust bypass probate entirely. Ownership transfers privately to your beneficiaries, keeping your collection out of public databases and the court system.
3. Streamlined NFA Ownership (Class 3 Items)
If you plan to purchase items regulated by the National Firearms Act (NFA), a trust is the gold standard for ownership. This includes:
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Suppressors (Silencers)
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Short-Barreled Rifles (SBRs)
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Short-Barreled Shotguns (SBSs)
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Machine Guns (pre-1986 transferable)
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Destructive Devices
Note: Under ATF Rule 41F, "Responsible Persons" (including Co-Trustees) must submit fingerprints, photographs, and a background check questionnaire only when the Trust applies to make or acquire new NFA firearms. This requirement does not apply retroactively to items the Trust already owns. Consequently, a Co-Trustee may legally possess existing Trust assets (NFAs) without submitting documentation to the ATF. A Gun Trust remains the most effective legal mechanism for authorizing such shared possession among multiple people.
Our Florida Gun Trust Process
We avoid "cookie-cutter" forms that put you at risk.
Phase | Action Item |
|---|---|
1. Consultation | We analyze your collection (Title I vs. Title II/NFA) and family goals to determine the correct trust structure. |
2. Drafting | Our attorneys draft a custom Florida Gun Trust, naming your Trustees and Beneficiaries, and including "fail-safe" clauses for accidental felonies. |
3. Execution | We guide you through signing and notarizing the document to make it effective immediately under Florida law. |
4. Assignment | We provide the legal forms to transfer your current non-NFA firearms into the trust and guide you on buying new NFA items. |
Frequently Asked Questions (FAQ)
Do I need to register my Gun Trust with the State of Florida?
No. A Florida Gun Trust is a private document. You do not file it with the state or local government. It only becomes visible to the ATF if you submit it as part of an application (Form 1 or Form 4) to purchase an NFA item.
Can I add or remove people from the trust later?
Yes. Since our Gun Trusts are revocable, you can amend them at any time. You can add a Co-Trustee (like a child turning 21) or change a Beneficiary with a simple amendment document, without needing to create a new trust.
What happens to my guns if I become incapacitated?
This is a critical flaw in standard ownership. If you own guns individually and are declared incompetent (e.g., dementia), you become a "prohibited person," and your firearms are subject to confiscation. A Gun Trust includes specific language allowing your Co-Trustees to immediately secure and hold the firearms on your behalf, preventing confiscation.
Does a Gun Trust avoid the $200 tax stamp?
No. A Gun Trust does not exempt you from the federal tax. You must still pay the $200 ATF tax stamp for every NFA item you purchase through your Gun Trust. However, the trust makes the ownership of that item significantly more flexible and secure.
Secure Your Collection Today
Don't leave your family's safety or your legacy to chance. Ensure your firearms are owned, shared, and inherited with legal compliance.