Gun Trusts FAQ

Utah Gun Trusts Lawyer

A National Firearms Act was enacted in June of 1934, and was meant to regulate the sales and ownership of firearms. Under the NFA, all firearms are required to be registered, and taxed when sold.

A gun trust is an arrangement under the NFA where multiple firearms can be registered under one trust, and different trustees may have the freedom to use any of the firearms without incurring a registration fee. If you desire to set up a gun trust, it is very important that you find a legal professional who can assist in this area.

How We Can Help You (Check out our YouTube video on Gun Trusts)

Gun rights and owning guns are important to you. You store them safely. You use them safely. Let us help you own, share, and transfer them safely. GunDocx™ is a trust system designed to help you avoid legal hassles now, hassles if you become disabled or die, and the likelihood of an "accidental felony" due to unlawful sharing, gifting or selling a firearm.

Stay safe, secure, and within the law. Know how to protect your loved ones by working with Utah's premier gun trust attorney and the nation's leading gun trust attorney association: GunDocx™ Lawyers. Own, share and transfer NFA firearms responsibly! A GunDocx™ Trust helps you and yours enjoy your firearms collection within the law and reduce exposure to criminal penalties for doing so improperly.

GunDocx™ Versions

GunDocx™ is available in three versions to fit your needs and budget.The trusts we offer include the following:

Bronze (NFA Firearms) : $200

Solely for NFA firearms. Basic starter trust can be upgraded for the price difference without BATFE approval. Successor Trustees and beneficiaries specified in separate schedules that can be changed at any time. Legally share NFA firearms with others as lifetime beneficiaries of the trust (in your presence) or by designating "Limited Trustees" for short-term possession and use outside your presence.

Silver (NFA and Title I Firearms): $500

Offers the best combination of benefits and planning options for most clients. Identifies specific and remainder beneficiaries, contains detailed guidance on sharing benefits, and provides reference materials and attorney consultation. Legally share NFA weapons with others as lifetime beneficiaries of the trust (in your presence) or by designating "Limited Trustees" for short-term possession and use outside your presence. Also permits addition of full "Co-Trustees" with administrative powers who can be in permanent possession of NFA weapons and even purchase NFA weapons for the trust, if desired. Constructed to also permit spousal trust planning to avoid the need for the transfer of NFA weapons between the client and a surviving spouse.

Gold (NFA and Title I Firearms): $ Varies

Designed for those with larger collections or complex goals such as multi-generational planning (dynastic trust), multi-state firearms ownership and administration, asset protection planning, charitable gift planning, or separate planning for individual beneficiaries.

Commonly Asked Questions

Still have questions about gun trusts? Refer to answers to commonly asked questions below. For more information, call (801) 463-2600 or e-mail us at jim@utahtrustattorneys.com today!

What is a gun trust?

Simply put, it’s a revocable living trust (RLT) specifically written to own firearms, especially Title II weapons (sometimes referred to as Class 3 weapons). Trusts are commonly used for estate plans, while a GunDocx™ Trust is specifically written for firearms with detailed instructions about how trust assets will be used and for whom. You can change it when you want, and you can share the weapons on your terms.

What is a gun trust for?

Most gun owners prefer using an entity to make it easier to acquire NFA firearms they can own in their state. Entities such as trusts, LLCs and corporations have been used to avoid the need to obtain the signature of your local Chief Law Enforcement Officer (CLEO signature) on the application to the BATFE necessary to acquire an NFA weapon. Using an entity also allowed applicants to avoid the need to supply fingerprints and photographs with the BAFTE application. But a GunDocx™ Trust does far more. While constructed in the form of an estate plan, it is also a comprehensive management plan for your firearms. It’s your rulebook about how your guns may be used. A gun trust can avoid probate of your guns at death. It can provide that certain guns go to certain people. It provides rules and instructions that prevent accidental felonies when others use your weapons or are instructed to transfer a firearm as a sale, gift, or bequest.

How does it work?

You appoint a trustee who is given power to administer trust assets and benefit persons, all of which is stated in your document. You can design it for anyone, including yourself, and you can be the trustee and beneficiary, too. The trust is “funded” with guns and accessories so that it owns them. We use several types of forms, generally by assignment or bill of sale,

Why choose GunDocx™?

A purpose-built GunDocx™ Trust safeguards you from the risks associated with owning and transferring firearms to others such as your
beneficiaries. GunDocx™ protects your privacy, your property, family and friends. An improperly drafted gun trust creates serious
problems. Such trusts include the “free” or do-it-yourself trusts that can be downloaded from the internet or acquired from a local gun shop. The only attraction is price. Most, if not all such trusts are SILENT about compliance with gun laws.

What is the “accidental felony” I hear about?

Local, state, and federal laws control registration, possession (even temporarily such as when shooting) and legal ways to transfer firearms. Some transfer violations do not require the intent to commit a crime... the act alone may be a felony!

What could happen without using a “real” gun trust?

An invalid or noncompliant trust risks firearms confiscation or even commission of an “accidental” felony. This can occur when you innocently “share” treasured but regulated (NFA) firearms with your family or friends. Penalties are severe—up to ten years in prison as well as fines up to $250,000 or more for conviction under the NFA.