Why Set Up a Gun Trust? A Brief Introduction

If you own firearms, you might have heard of something called a “gun trust.” It’s a legal tool that helps people manage their guns, especially certain kinds that are regulated by the government. But why would someone want to set one up? Let’s break it down.

First, a gun trust is a type of trust—a legal arrangement where you put your property (in this case, guns) under the control of someone you choose (usually yourself) called a trustee. You also set the rules for how the guns can be used or passed on. Here are some reasons people do this:

1. Easier Sharing with Family or Friends

   Some guns, like silencers or short-barreled rifles, are regulated by a law called the National Firearms Act (NFA). Normally, only the person who registers these items can use them. With a gun trust, you can add other people—like your spouse or kids—as trustees. That way, they can legally use or handle the guns too, without breaking the law.

2. Passing Guns Down After You’re Gone

   When you die, your assets goes to your heirs. But transferring NFA-regulated guns can be tricky and involve a lot of paperwork, background checks, and even taxes. A gun trust makes this smoother. You name who gets the guns in the trust ahead of time, and they can skip some of the hassle.

3. Avoiding Legal Trouble

   If someone else—like a family member—uses your NFA firearm without permission, it could lead to big problems, like fines or jail time. Setting up a gun trust helps avoid this by clearly saying who’s allowed to use the guns and keeping everything legal.

4. Privacy

   When you buy an NFA item as an individual, your name goes into a government registry. Some people don’t like that. With a trust, the trust’s name is registered instead, which can keep your personal info more private.[4]

5. Flexibility for the Future

   Life changes. Maybe you want to add a new friend to the trust or take someone off. A gun trust lets you update the rules without starting over, as long as you follow the law.

Setting up a gun trust can be complicated and can cost a significant amount of money, but for people who own special firearms, it can solve a lot of headaches. It’s about keeping things legal, simple, and clear for you and the people you care about. If you’re a gun owner, it’s worth thinking about whether a trust could work for you.

References

National Firearms Act, 26 U.S.C. Chapter 53 – This is the law that controls special firearms like silencers and machine guns.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), “NFA Handbook” – Explains rules for transferring NFA items.

ATF, “National Firearms Act” page – Talks about penalties for breaking NFA rules.