What is an NFA Firearm?
NFA Firearms are regulated by the National Firearms Act (“NFA”). Under the NFA, certain weapons, such as fully-automatic weapons, short-barreled rifles (“SBRs”), short-barreled shotguns (“SBSs”), and sound suppressors (also known as “mufflers” and “silencers”), require a special tax stamp from the ATF to possess. Collectively, these are known formally as “Title II weapons.” A dealer selling them is required to have a Class 3 license from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF or BATFE). Firearms not regulated by the NFA are regulated by the Gun Control Act of 1968 (“GCA”) and other federal laws. These are formally known as “Title I weapons.” To distinguish them from NFA firearms, Title I firearms are commonly referred to a “non-NFA firearms” or “regular firearms.”
How Can You Legally Acquire NFA Firearms?
Basically, there are two ways that an individual or a legal entity, such as a trust, corporation, limited liability company, or partnership, may legally acquire NFA firearms, if the individual or entity is not prohibited by federal, state, or local law from receiving or possessing firearms:
(1) by transfer after approval by the ATF of a registered NFA firearm from its lawful owner residing in the same state as the transferee (ATF Form 4); or
(2) by obtaining prior approval from the ATF to make NFA firearms (ATF Form 1).
What are Don Mills Gun Trusts?
A Don Mills Gun Trust is special type of trust designed to address issues that are unique to firearms, which are one of the most heavily-regulated types of personal property in the United States. Many ordinary law-abiding citizens use Don Mills Gun Trusts to acquire and enjoy NFA firearms. Don Mills Gun Trusts are highly-customized revocable living trusts that address the rights and duties of the parties to the gun trust relating to the use, possession, and transfer of firearms.
What are the Main Benefits of Don Mills Gun Trusts?
Three of the most important benefits of Don Mills Gun Trusts are:
(1) ATF applications by gun trusts do not require fingerprints, photographs, or local chief law enforcement officer (CLEO) approval. ATF applications by individuals do require fingerprints, photographs, and CLEO approval.
(2) NFA firearms registered to a gun trust can be used and possessed by more than one person. The owner(s) of the gun trust can add or delete Co-Trustees, who can legally use and possess the NFA firearms. NFA firearms registered to an individual can only be used and possessed by the registered individual during the individual’s lifetime.
(3) NFA firearms registered to Don Mills Gun Trusts pass to the beneficiaries of the gun trust outside of the probate process. You will appoint successor Trustees who can step in to manage the trust in the event of your incapacity or death, for the benefit of your designated beneficiaries. NFA firearms registered to an individual pass to their beneficiaries according to the terms of the individual’s last will and testament, which is probated in a probate court and provided to the ATF during the transfer process so the executor can prove to the ATF that the individual intended to transfer the NFA firearms to the beneficiaries. If an individual dies without a will, the NFA firearms can be transferred to the legal heirs of the individual, but this might require a timely and expensive legal process to declare who are the legal heirs.
Can my other non-NFA weapons be put into Don Mills Gun Trusts?
Yes, they can also be added into the trust. There is no transfer fee to add non-NFA weapons to the trust. When included in the Trust these firearms are handled under the terms of the Trust just like your Title II NFA firearms. The successor Trustee steps in to manage these firearms in the event of incapacity or death.
What documents are included with Don Mills Gun Trusts?
1. The NFA Firearms Trust and Schedule "A" funding page;
2. Revised Schedule “A” on which you list all assets you place in the Trust;
3. Certification of Trust, which is used to open a Trust bank account, if you want;
4. Documents to Appoint Co-Trustees;
5. Documents for a Co-Trustee to resign;
6. Documents for you to unilaterally revoke the appointment of a Co-Trustee;
7. Bill of Sale for adding traditional non-NFA firearms to the trust; and
8. Comprehensive instructions for the proper implementation and use of Don Mills Gun Trusts.
NFA Firearms are regulated by the National Firearms Act (“NFA”). Under the NFA, certain weapons, such as fully-automatic weapons, short-barreled rifles (“SBRs”), short-barreled shotguns (“SBSs”), and sound suppressors (also known as “mufflers” and “silencers”), require a special tax stamp from the ATF to possess. Collectively, these are known formally as “Title II weapons.” A dealer selling them is required to have a Class 3 license from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF or BATFE). Firearms not regulated by the NFA are regulated by the Gun Control Act of 1968 (“GCA”) and other federal laws. These are formally known as “Title I weapons.” To distinguish them from NFA firearms, Title I firearms are commonly referred to a “non-NFA firearms” or “regular firearms.”
How Can You Legally Acquire NFA Firearms?
Basically, there are two ways that an individual or a legal entity, such as a trust, corporation, limited liability company, or partnership, may legally acquire NFA firearms, if the individual or entity is not prohibited by federal, state, or local law from receiving or possessing firearms:
(1) by transfer after approval by the ATF of a registered NFA firearm from its lawful owner residing in the same state as the transferee (ATF Form 4); or
(2) by obtaining prior approval from the ATF to make NFA firearms (ATF Form 1).
What are Don Mills Gun Trusts?
A Don Mills Gun Trust is special type of trust designed to address issues that are unique to firearms, which are one of the most heavily-regulated types of personal property in the United States. Many ordinary law-abiding citizens use Don Mills Gun Trusts to acquire and enjoy NFA firearms. Don Mills Gun Trusts are highly-customized revocable living trusts that address the rights and duties of the parties to the gun trust relating to the use, possession, and transfer of firearms.
What are the Main Benefits of Don Mills Gun Trusts?
Three of the most important benefits of Don Mills Gun Trusts are:
(1) ATF applications by gun trusts do not require fingerprints, photographs, or local chief law enforcement officer (CLEO) approval. ATF applications by individuals do require fingerprints, photographs, and CLEO approval.
(2) NFA firearms registered to a gun trust can be used and possessed by more than one person. The owner(s) of the gun trust can add or delete Co-Trustees, who can legally use and possess the NFA firearms. NFA firearms registered to an individual can only be used and possessed by the registered individual during the individual’s lifetime.
(3) NFA firearms registered to Don Mills Gun Trusts pass to the beneficiaries of the gun trust outside of the probate process. You will appoint successor Trustees who can step in to manage the trust in the event of your incapacity or death, for the benefit of your designated beneficiaries. NFA firearms registered to an individual pass to their beneficiaries according to the terms of the individual’s last will and testament, which is probated in a probate court and provided to the ATF during the transfer process so the executor can prove to the ATF that the individual intended to transfer the NFA firearms to the beneficiaries. If an individual dies without a will, the NFA firearms can be transferred to the legal heirs of the individual, but this might require a timely and expensive legal process to declare who are the legal heirs.
Can my other non-NFA weapons be put into Don Mills Gun Trusts?
Yes, they can also be added into the trust. There is no transfer fee to add non-NFA weapons to the trust. When included in the Trust these firearms are handled under the terms of the Trust just like your Title II NFA firearms. The successor Trustee steps in to manage these firearms in the event of incapacity or death.
What documents are included with Don Mills Gun Trusts?
1. The NFA Firearms Trust and Schedule "A" funding page;
2. Revised Schedule “A” on which you list all assets you place in the Trust;
3. Certification of Trust, which is used to open a Trust bank account, if you want;
4. Documents to Appoint Co-Trustees;
5. Documents for a Co-Trustee to resign;
6. Documents for you to unilaterally revoke the appointment of a Co-Trustee;
7. Bill of Sale for adding traditional non-NFA firearms to the trust; and
8. Comprehensive instructions for the proper implementation and use of Don Mills Gun Trusts.