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.
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.
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.
Although most Florida Revocable Trusts can hold firearms, many are not setup properly to deal with the special issues involving items regulated by the National Firearms Act (NFA). When the NFA is violated, the individuals who violate the act are subject to substantial fines, criminal charges, and forfeiture of all weapons (not just those regulated). Many times owners of Title II weapons simply use pre-made trust forms or software designed to create trusts; however, they must be aware that there are potential problems that may result.
The Florida NFA Gun or Firearms Trust must give the Trustee special powers so that they can legally manage for unplanned events. Weapons and other assets in a Firearms Trust cannot be distributed like other assets upon the death or incapacity of the person who placed the items in the trust. The Trustee needs to be careful in their management of the revocable trust for NFA purchases. A properly created trust for obtaining and holding Firearms is a complicated document and caution is advised to any individuals who would attempt to use a standard or form trust. For the past 8 years I have offered my clients legal services in dealing with the unique field of law involving firearms regulated by the National Firearms Act.
Unlike most other attorneys drafting NFA trusts, I am an avid collector and competitive shooter. My prices are lower than most because I want to offer a great service for fellow enthusiasts at an affordable price in order for us to continue enjoying our Second Amendment rights. Sure, there are non-attorneys selling gun trusts for a few dollars less, but is it wise to risk your collection worth THOUSANDS just to save $30?
We offer several variations of our gun trust to suit the needs of our clients. Please click on the option that best suits your situation below. If you prefer not to fill out an online questionnaire, we also offer a word document, or PDF version of our questionnaire which you can fill out on your computer or by hand, and email it or fax it to our office. Please see the link under the price boxes.
Some of our clients have concerns about asset protection, and would like to insulate their firearms from lawsuits, creditors or divorce. In this instance, an asset protection trust is the best solution. Clients should be aware that making future changes to these trusts is much more difficult than with a standard trust, so careful thought should be given as to the structure of your trust.
All you need to legally own a suppressor, SBR, SBS or automatic. Comes with a complete set of instructions, along with plenty of ATF sample forms. This option does not include attorney guidance.
A basic trust, but structured to include assignment sheets, which do not have to be shared with anyone looking at the trust
This option includes the trust with the privacy package, but it gives you the ability to call our attorney with any questions relating to your trust in the future
This trust includes the privacy package and it gives you the ability to pass your items down not just to your children (this is where a regular trust ends) but to their kids, and their kids, and their kids, for up to 360 years. Includes safeguards that prevent creditors from gaining access to trust assets
Includes provisions which make it impossible for a creditor to go after trust assets
Best of both words – asset protection AND the ability to pass to all your descendents
Unlike most of these new websites that offer a pre-made trust with no attorney guidance whatsoever, I am here to answer any questions you may have. In order to get the process started, you will need to fill out the NFA Trust questionnaire.
Click here if you have Microsoft Word. If you don’t have Microsoft Word, click here.
If you have any questions about the form or the process, please feel free to either call our office at 813-902-2119 or email me at info@FLguntrusts.com. Once the questionnaire is returned to my office (either email or fax is preferred), my office manager will call you for payment, which can be made via credit/debit card over the phone. Once you receive the trust and get it notarized, you will then have a valid trust, and will be able to move forward with your purchase.