{"id":163925,"date":"2022-05-18T12:53:15","date_gmt":"2022-05-18T16:53:15","guid":{"rendered":"https:\/\/www.gunsamerica.com\/digest\/?p=163925"},"modified":"2022-05-18T12:53:15","modified_gmt":"2023-09-08T06:26:05","slug":"file-with-a-gun-trust-or-as-an-individual-the-practical-answer-for-purchasing-your-suppressor","status":"publish","type":"post","link":"https:\/\/gunsamerica.com\/digest\/file-with-a-gun-trust-or-as-an-individual-the-practical-answer-for-purchasing-your-suppressor\/","title":{"rendered":"Do I need a Gun Trust to Buy a Suppressor? The Practical Answer for Purchasing a Suppressor"},"content":{"rendered":"\n
\"Silencer<\/a><\/figure>\n\n\n\n
\"Do<\/figure>\n\n\n\n

Should you use a gun trust for buying a suppressor? <\/h2>\n\n\n\n

As an attorney, I\u2019ve seen other attorneys charge exorbitant amounts of money to create gun trusts for people. Usually, these attorneys focus on death, inheritance, avoiding probate, legal pitfalls, and ease for executors of the estate as the major reasons for using a gun trust. While I agree that those are certainly benefits of having a gun trust, I think they\u2019re only fringe benefits and rarely worth the extra hassle for the average suppressor owner. Also, those trusts are often overly complicated and do more than what most of us need a gun trust to do. That being said, only you know what state you live in and your specific situation. Personally, I’d rather focus on the benefits of a gun trust while I’m alive. It’s someone else’s problem when I’m dead!<\/p>\n\n\n\n


Let\u2019s be totally honest, using a gun trust increases the amount of paperwork you have to submit to the ATF each time you purchase a suppressor. It\u2019s more to think about, juggle, and keep track of.  <\/p>\n\n\n\n

<\/p>\n\n\n\n

The reason I personally want all my suppressors and machine guns in an NFA\/Gun Trust is simply for this one reason: it makes it possible for other people to legally possess my suppressors, SBR\u2019s, or automatic guns.<\/p>\n\n\n\n

When you set up your gun trust you can designate specific people to be co-trustees on the trust. These co-trustees can possess the NFA items without you being present. For example, I could add my dad to my trust as a co-trustee and he could then take a suppressor hunting and I wouldn\u2019t need to be there with him. The same thing could apply to a spouse, son\/daughter, or friend. <\/p>\n\n\n\n

If you registered individually (didn\u2019t use a trust or corporation), nobody, not even spouse or family members, should have access to your NFA items without you being there and in control of the item.  Put another way, your spouse shouldn\u2019t have the combination to the safe that the NFA item is in while you\u2019re not at home or in control of the item. <\/p>\n\n\n\n

If you purchase an NFA item individually and then later get a trust, those items do not become part of the trust unless you transfer them using a Form 4 and pay the ATF another $200 to transfer it to your trust. If you think you might someday want a trust, just start with one. Many companies like Silencer Central<\/a> include one in your purchase of a suppressor for free. <\/p>\n\n\n\n

For every person that you list on your trust as a responsible person or co-trustee, the ATF is going to require proof that they are entitled to possess firearms. Meaning they can\u2019t be federally prohibited persons. To prove this you\u2019ll have to send in passport photos, fingerprints, and a responsible person questionnaire.  The ATF will use that information to conduct background checks. <\/p>\n\n\n\n

Gun trusts that are well written will have the ability to add or remove co-trustees at any time. One option is to remove all trustees each time you purchase an NFA item and before you send in your application and trust. After the item has been approved by the ATF and you\u2019ve received your new stamp, add your trustees back to the trust and you can avoid the fingerprints, passport photos, and background checks for the co-trustees. You\u2019ll still have to send them in for yourself.<\/p>\n\n\n\n

It\u2019s up to you to make sure you don\u2019t add people to the trust that are federally prohibited (see below for the list). Also, it’s important that you not send your NFA items to\/with co-trustees to states where they’re illegal.<\/p>\n\n\n\n

Prohibited Persons<\/h2>\n\n\n\n

The Gun Control Act (GCA), codified at 18 U.S.C. \u00a7 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:<\/p>\n\n\n\n