How to Set Up a Gun Trust in Florida

A Florida gun trust is a wise choice for anyone who wishes to manage their collection legally and efficiently, particularly if they own Title II firearms, also known as NFA items. While we don’t recommend taking this on without a lawyer, our guide explains the key steps and necessary forms for setting up a gun trust in Florida.

TABLE OF CONTENTS

• Gun Trust Planning in One Easy Step
• Steps for Setting Up a Florida Gun Trust
• Your Gun Trust Protects Your Family Now and in the Future

Gun Trust Planning in One Easy Step

The unofficial first step in setting up your trust is to call an estate planning attorney, for several reasons. First, it might be better for you to complete the steps in a different order, depending on your situation. Second, completing and filing forms online offers no guarantee of validity (or privacy). Third, without legal guidance, a DIY gun trust might not comply with state or federal laws, resulting in criminal charges or confiscation of your firearms. With so much at stake, it’s best to have an attorney draft and review your documents.

Steps for Setting Up a Florida Gun Trust

Step 1: Choose a Name for Your Trust

The first step is to name the trust. The name you select can be anything you wish, but it should ideally be specific to firearms to avoid confusion with other revocable trusts (such as “Smith Family Gun Trust”). This name will appear on legal documents and should reflect the intended purpose of the trust.

Step 2: Identify the Trustees and Beneficiaries

The Trustees are the trust managers and have the authority to possess, transfer, or use the firearms in the trust. Trustees can include family members, friends, or even an attorney or a corporate trustee. There is no limit in Florida on the number of trustees, but they must be legally allowed to possess firearms (no felons or prohibited persons).

The Beneficiaries will inherit the firearms upon your death (you are the trustmaker or settlor). Beneficiaries don’t need to be involved in the day-to-day management of the trust, but they will receive the firearms according to the trust terms after your passing.

Step 3: Draft the Gun Trust Document

The trust agreement is the legally binding document that outlines the terms of the trust. It includes various details, such as:

• The name of the trust
• The names of trustees and beneficiaries
• The list of firearms owned by the trust, including items regulated by the National Firearms Act (NFA) such as suppressors, short-barreled rifles, machine guns, etc.
• The process for transferring firearms and NFA items
• Specific instructions regarding the firearms, such as who can possess them and when or how they should be distributed after the settlor’s death

Your trust should be structured to comply with both federal restrictions and Florida-specific firearms statutes. Again, I cannot stress how vital an attorney is to this process.

Step 4: Select and Register NFA Firearms (If Applicable)

If your gun trust is intended to hold NFA firearms (such as suppressors, short-barreled rifles, or other Title II weapons), it must comply with additional federal regulations, including registering each NFA item with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

Here’s how to register Title II firearms under a gun trust:

• Form 4. Complete the ATF Form 4 application to register the firearms you intend to transfer. The initial trustees must be responsible people, and their names must be listed on the application.
• Identification. All responsible parties must submit a passport photo and fingerprint cards along with Form 4. These can be obtained at local law enforcement agencies or through private fingerprinting services.
• Background Check. Each responsible party will need to submit a background check and the ATF Form 23 (Responsible Person Questionnaire).
• ATF Processing and Approval. After submission, the ATF will process your forms. This can take several months. Once approved, you will receive a tax stamp, allowing you to possess the NFA firearm legally.

Step 5: Fund Your Gun Trust

To fund the gun trust, you will need to transfer the title of your firearms into the trust. This means changing the ownership of each firearm from your individual name to the name of the trust.

• Transfer Forms. In Florida, transferring firearms to a trust does not require a background check as long as you, the trustee, are not prohibited from possessing firearms. However, any Title II firearms require an ATF Form 4 to be submitted when transferring from an individual name to a trust.
• List of Firearms. Maintain a detailed inventory of all firearms included in the trust. This list should include each weapon’s make, model, serial number, and description.

Practice Note 1: If you already own NFA items personally, meaning in your name, and you want to transfer them to a trust; you will have to effectively re-register the NFA item. Yes, this means that you’ll have to pay the ATF’s fees again.

Step 6: Practice Safe Storage and Housekeeping

Once the gun trust is set up and funded, it’s important to:

• Store the Trust Document and Firearms Safely. The trust document should be kept in a secure location, such as a safe deposit box or fireproof cabinet. The firearms must also be stored according to federal and state safety laws.
• Notify Your Trustees and Beneficiaries. Inform all trustees and beneficiaries about their roles under the trust. Ensure they understand their responsibilities and how they can legally possess, use, and transfer firearms within the trust framework.
• Update the Trust Regularly. If you acquire new firearms or if there are changes to the law, update your trust accordingly. Always ensure the trust complies with Florida state law and federal firearms regulations.

Practice Note 2: If you become aware of an unregistered NFA item, such as finding a suppressor behind a loose board in Grandpa’s work room for example, there is not presently a way to make that NFA item “legal”. If this happens to you – consult an attorney, immediately.

Your Gun Trust Protects Your Family Now and in the Future

As a former U.S. Marine and proud gun owner, attorney A.J. Yolofsky recognizes the importance of preserving your family’s firearm rights. Email us at [email protected] today or schedule a 15-minute call to see how we can help.