The Law Office of Kevin C. Maxwell

National Firearm Act Gun Trust

National Firearm Act Gun Trust

What is a NFA (National Firearms Act) Trust? Why would I need one?

Whether you own NFA controlled firearms or have considered doing so, it is a good idea to educate yourself on the law surrounding such purchases and to take steps to protect yourself and your family legally from any inadvertent violations.

What is a NFA trust?

An NFA trust is also known as Gun Trust. These types of trusts are specifically tailored to comply with the NFA regulations of Title II items, also known as Class 3 weapons. Class 3 firearms or NFA weapons consist of machine guns, sound suppressors, short-barreled shotguns, short-barreled rifles, and other destructive devices.

Why do I need a NFA trust?

• Chief Law Enforcement Officer (CLEO) Signature Required

• Fingerprints or Photographs are Required

• Incapacity or Death. An NFA Firearms Trust help protect your family from violating the NFA by providing them clear instructions on what they are and are not permitted to do.

• Co-owners and Authorized Users. Multiple co-trustees can be involved in a single trust on a permanent or temporary basis.

• Reducing risk of Legal Changes. Many groups are attempting to limit the ability to transfer firearms to family or friends. With a NFA Firearms Trust an adult child, family member, or friend can be made a co-owner of the trust. While the ownership of the NFA Firearms Trust can be changed, the NFA Firearms Trust is still the registered owner of the firearms and no transfer has taken place under the NFA.

• Confidentiality – The gun trust is not filed with any state or municipal government or other law enforcement entity, except the BATF. If your gun trust buy a NFA Class 3 weapon, a copy of the trust itself must be filed with the Form 4. But, your trust and your name only show up on the tax rolls of the BATF. Since it is a tax related filing, it is exempt from most subpoenas and public records requests.

• No Filing Fees – Since nothing is filed with any government bureaucracy, there are no filing fees to be paid for someone to copy and file it in a government database. Note: The Form 1 and/or Form 4 transfer fees still apply.

• Insurance – As it stands right now, a NFA Class 3 Firearm Trust is you best protection to buy and later sell or transfer those weapons as assets for generations to come. What laws that may come in the future will probably not affect trust already in existence.

• Protection – not from criminals, but from the government. A gun trust can be written to insulate your loved ones in case they accidentally possess a NFA weapon that is not registered to them personally.

• Speed of Registration – A properly written NFA gun trust can speed up the registration process significantly and allow you to obtain Class 3 items before new laws take effect.

• Background Check Not Required- while most Class 3 dealers do it anyway, there is no requirement of a background check when a NFA gun trust is used.


At the Law Offices of Kevin C. Maxwell and Associates, we have created a customized NFA Gun Trust with Attorney Kevin C. Maxwell. Please click the link below to download the documentation and begin the process.

Click here for NFA Gun Trust PDF Document

Learn more about National Firearm Act Gun Trust

For additional information to any legal questions regarding the NFA Gun Trust and/or any additional legal matters. Please contact us from the information below.