When you purchase a Class 3 Firearm (machine gun, sound suppressor, short-barrled shotgun, short barreled rifle, destructive device and “any other weapon”.) the Chief Law Enforcement Officer (CLEO) of the city or town you resided in is required to sign a documented called a Form 4. Unfortunately, many CLEO's have been downright reluctant or outright unwilling to sign such documents. However, a National Firearms Gun Trust is a way which can assist you.
A Gun Trust is a legal entity which can purchase and hold title to the restricted firearm or gun. Under the National Firearms Act, a Class 3 Firearm is defined as a machine gun, sound suppressor (a.k.a. silencer), short-barreled shotgun, short barreled rifle, destructive device and "any other weapon".
Attorney Douglas B. Bushman is a proud member of the National Rifle Association, a former Police Officer and a Veteran of our nation’s armed forces. He is also a gun owner. He understands and supports the right of law abiding citizens to exercise their constitutional rights to own a firearm.
A NFA trust is not required to submit fingerprints nor seek the approval of the local chief of police. Instead the federal government will verify and investigate the application.
A Gun Trust is sometimes refereed to as a Firearms Trust or Firearms Revocable Trust. A Gun Trust, Limited Liability Company (LLC), or Corporation is a legal entity established under Connecticut state law. Many individuals prefer the Revocable Gun Trust over a Corporation or LLC because the NFA Trust is less expensive to operate and provides privacy.
A Connecticut Limited Liability Corporation can spend over $250.00 a year just for business filing fees. Furthermore, corporations can be a headache for purposes of accounting and tax filing. Normally Gun Trusts do not require any disclosure or state filings. As a result of the private status of a Connecticut Revocable Trust, the only ones that will know the terms of the Gun Trust have a copy of the Gun Trust documents.
Creating a Gun Trust is not the issue. What is critically important is the interaction of the trust with the issues involving items covered by the National Firearms Act, which when violated can cause one to face fines, criminal charges, and forfeiture of all weapons (not just those regulated). (At this time fees and charges can result in $250,000 in penalties and 10 years in jail)
A firearms trust should also give the Trustee special powers and instructions on how to deal with unplanned events. Assets in a Firearms Trust cannot be distributed like other assets upon the incapacity or death of the Grantor or Settlor. The Trustee or successor trustee must look at the asset, determine the capacity of the beneficiary, what state and local laws apply to the individual, the federal laws and many other factors to properly distribute the assets. Without the guidance contained in the NFA trust, it would be very difficult to prepare a trustee for their duty.
One needs to be careful when reviewing information dealing with revocable trusts for NFA purchases. Each state has different state laws, and local ordinances. We have seen much information on the Internet that is inaccurate.
A properly created trust for obtaining and holding Firearms is a complicated document and you should have it prepared and explained by a licensed attorney who can review any trust prior to the acquisition or transfer of regulated firearms.
The law firm of Douglas M. Bushman Attorney at Law, LLC will be more than willing to assist you in understanding the legal expertise in all aspects of Connecticut’s firearm laws and regulations in addition to creating a Gun Trust.
Contact the law firm of Douglas M. Bushman today
