Tampa Gun Trust Attorney
Florida is well-known for its strong commitment to the Second Amendment. That is why a person can legally own and carry a number of weapons, including shotguns and revolvers, without obtaining any type of special license. There are also, generally speaking, few restrictions on transferring those weapons to other people.
But other kinds of firearms, such as automatic weapons, short barrel rifles, and accessories like silencers and suppressors, are subject to strict federal regulations governing their possession, use, or transfer. This can create complications if a lawful owner wishes to transfer these weapons to family members or friends. One way to address this issue is to create what is known as a gun trust. If you are not familiar with how such trusts work or if it might be the right choice for your situation, our experienced Tampa gun trust attorney can help. Knudsen Law is a full-service Florida estate and probate firm that assists clients in preparing and administering a wide range of legal trusts to protect their property.
How Do Florida Gun Trusts Work?
A gun trust is basically a separate legal entity that you create to own and possess firearms. Such trusts are commonly created to own Title II firearms, which are weapons regulated by the National Firearms Act. Typically, transferring a Title II weapon requires filing paperwork with the federal government and paying a fee. There are also restrictions on sharing Title II weapons with anyone who is not considered a “registered owner” of that firearm.
By placing ownership in a gun trust, however, you can more easily share Title II firearms with other individuals. Essentially, both the settlor of the trust and anyone named as trustees are considered “responsible persons” under federal law, each of whom can legally manage any firearms in the trust. This can have several advantages over individual ownership of a firearm:
- You can easily share a firearm among multiple individuals without violating the NFA. You can even add or remove trustees after the trust’s creation. Keep in mind, however, that a person who is not legally allowed to own firearms cannot serve as a trustee.
- Weapons in a gun trust do not go through probate when the settlor or one of the trustees dies. Nor is the transfer of a firearm through a gun trust normally subject to NFA regulations.
- As long as there is another trustee, a gun trust can still legally possess firearms even if the original settlor becomes incapacitated during their lifetime.
Our Tampa Gun Trust Attorneys Can Help
We understand the costs and complexity of setting up a proper gun trust in Florida. These trusts are designed explicitly to own firearms. They cannot be used for other estate planning purposes. And the trustees must strictly follow all applicable federal and state rules to avoid triggering potential civil–or potentially even criminal–penalties.
So if you are interested in setting up a gun trust and need advice from a qualified Tampa gun trust attorney, contact Knudsen Law today at (727) 398-3600 to schedule a consultation.
