Gun Trusts in Kansas and Missouri - What You Need to Know
Gun Trusts: What They Are and How They Protect Firearm Owners
A Gun Trust is a special type of legal entity designed to hold ownership of firearms—particularly those regulated under the National Firearms Act (NFA), such as suppressors, short-barreled rifles (SBRs), and fully automatic weapons. These trusts are commonly used to help firearms owners legally manage and transfer their weapons, ensure compliance with federal and state laws, and protect family members from inadvertently breaking the law.
What Is a Gun Trust?
A Gun Trust is a revocable or irrevocable trust specifically drafted to hold and manage firearms, including those governed by the NFA. Unlike a standard living trust, a Gun Trust includes provisions tailored to the unique legal responsibilities associated with owning and transferring firearms.
Under the NFA, only the registered owner of an NFA firearm can legally possess or use it. If someone else—even a spouse or child—uses the firearm without being authorized, they could face severe legal consequences, including fines or imprisonment. A Gun Trust can legally name multiple individuals as trustees, allowing them to lawfully use and possess NFA-regulated weapons.
Key Benefits of a Gun Trust
1. Legal Use by Multiple People
One of the major advantages of a Gun Trust is that it allows more than one person to lawfully use NFA firearms. By naming co-trustees in the trust document, each person listed can legally handle the firearms without risk of violating federal law.
2. Avoiding Probate
Like other types of trusts, a Gun Trust allows for the private and efficient transfer of firearms after the grantor’s death, avoiding the delays and public scrutiny of probate court.
3. Clear Guidance for Trustees and Beneficiaries
A properly drafted Gun Trust includes detailed instructions for how firearms should be handled, stored, and transferred, ensuring that successors don’t unintentionally break the law. This is particularly important given the strict and often confusing rules governing NFA weapons.
4. Simplified ATF Compliance
When purchasing NFA items through a Gun Trust, the trust itself is the purchaser. This can make dealing with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) more streamlined, especially when multiple trustees are involved.
Common Misconceptions
Many people assume they can simply leave their firearms to a loved one in a will. While this may work for non-NFA items, transferring NFA-regulated firearms without following the correct legal procedures can lead to serious legal trouble. Even possessing an NFA item without proper registration can be a felony.
A Gun Trust helps avoid these pitfalls by ensuring that firearms are held and transferred according to law, and by shielding family members from accidentally committing a crime.
Conclusion
Gun Trusts are essential tools for firearm owners—especially those who own or plan to acquire NFA-regulated weapons. They help ensure compliance with complex laws, protect loved ones, and provide flexibility in who can legally use your firearms. If you’re a gun owner, especially in states with strict firearm regulations, speaking with an estate planning attorney familiar with firearms law can help you create a trust that meets your goals and protects your legacy.
