Florida Gun Trusts
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Just $89 Flat Fee for a standard Attorney-Drafted Gun Trust!
- $189 for standard Gun Trust with unlimited Attorney Guidance
- $289 Flat Fee for Multi-Generational (perpetual) Trusts
(amount above includes consultations)
In the state of Florida, civilians are legally allowed to own restricted weapons, known as Title II weapons, which are sold by Class 3 dealers. However, certain procedures must be followed to ensure that ownership of these weapons complies with state and Federal Law.
What is a Title II (class 3) weapon?
1. Short Barrel Rifles (any rifle with a barrel length less than 16", or overall length less than 26")
2. Short Barrel Shotguns (any shotgun with a barrel length less than 18", or overall length less than 26")
4. Fully Automatic Firearms (any weapon which shoots automatically more than one shot by a single function of the trigger)
In order to legally own a Title II weapon, approval must first be given by the ATF. This approval comes in the form of a "tax stamp", which is affixed to the form that you will send to the ATF requesting permission to own the weapon. If you are building a Title II weapon, (for example, if you are building a short barrel rifle from an existing lower receiver), you will send a Form 1 to the ATF. If you are purchasing an existing Title II device, (for example, a suppressor), then you will send a Form 4 to the ATF.
The ATF application requests specific information about your item, such as serial number, description, etc. The second page of the form asks many similar questions as the form to purchase a regular firearm, i.e. past felony convictions, etc. However, this section also requires the CLEO (Chief Law Enforcement Officer) signature, meaning that the Sheriff must sign the form. In 99% of the cases, civilians (and even military and police personnel) have realized that the Sheriff will refuse to sign the form. What now?
Application made through an Entity
The ATF currently states that if the application (either the Form 1 or Form 4) is made through an entity, such as a trust, corporation, or LLC, then NO CLEO SIGNATURE IS REQUIRED. Furthermore, no fingerprints or passport photo is required. A proposal, known as ATF 41P, is currently on the table, however no decision has been made at this point. Under this proposal, the CLEO signature may become a requirement for trusts in the future, effectively banning Title II devices. However, at the present moment, the ATF is still processing trust applications under the current rules. BOTTOM LINE - you still have time to get your applications in.
Why not use a corporation or LLC?
Some clients have stated that they would rather use a corporation or LLC for owning their weapons. This is a poor choice for several reasons. If you currently own a corporation or LLC, and would just like to add items to your entity, you must remember that if you are doing business through your entity, and that business gets sued, your weapons will now be considered assets of the company and are exposed to possible forfeiture. Even if you are never sued, chances are one day you will either want to sell or close your business, but owning Title II weapons will complicate issues greatly (if you are selling your business that owns a few suppressors, chances are you will have to then draft a gun trust and pay a $200 tax stamp for each item you own to transfer your suppressors from your company to your trust). If you do not currently have a corporation or LLC, then remember that there are annual filing fees, and all information about your company is public record.
Benefits of a Trust
- No CLEO signature required
- No Annual Fees - the trust document is good forever
- Add as many Title II items as you like - there is no limit
- No registration/filing requirements (your information remains private)
- Allows for legal transfer of your Title II weapons if something were to happen to you
- Our trusts come standard with Assignment Sheets, allowing you to maintain your privacy to a higher degree than a standard trust