The possession, purchase, transfer and manufacture of firearms such as short-barreled rifle or shotguns, silencers or suppressors, and machine guns (i.e., Title II or Class III firearms) are strictly tracked and controlled by the federal government. A properly drafted Gun Trust can be an effective estate planning technique to own and use Class III firearms for several reasons, including:
-a Gun Trust provides continuity in ownership of the firearms so that beneficiaries of the Trust can receive the firearm without having to submit additional paperwork to government agencies, pay transfer taxes, or wait for the 6-month probate claims period.
-All trustees of a Gun Trust can legally use and operate a Class III firearm, whereas an individual owner of a Class III firearm is the only one who can possess the firearm;
-a properly drafted Gun Trust protects all trustees with access to the firearm from arrest, prosecution, and conviction for possession (or constructive possession);
It is an important new development is that after July 13, 2016, new Gun Trust laws will take effect. The regulations can be found on the ATF website. A significant change will be the requirement for all Class III firearm Gun Trust applications to be completed by all trustees of a Gun Trust. Each trustee will be required to submit their fingerprints, photographs, submit to a background check, and notify their local chief law enforcement officer of the acquisition of a Class III firearm. Currently, only one trustee needs to submit to a background check for a Gun Trust application for a Class III firearm and there are no requirements for fingerprints or photographs or notifications to your chief law enforcement officer.