I Live in Jacksonville or St. Augustine, Florida, Do I Need a Gun Trust?

Gun ownership comes with responsibilities, especially in Florida, where both state and federal laws regulate firearm possession and transfer. If you own firearms—especially those classified under the National Firearms Act (NFA)—a Florida gun trust could be a crucial part of your estate plan. This article will explore what a gun trust is, why it’s beneficial, and how it can help gun owners in Jacksonville and St. Augustine avoid legal trouble.

What Is a Gun Trust?

A gun trust is a specialized type of legal entity designed to hold and manage firearms, particularly those subject to strict federal regulations. Unlike a traditional will or trust, a gun trust has provisions that ensure firearms are transferred legally and responsibly after the owner’s death.

Why Do You Need a Gun Trust in Florida?

1. Avoids Committing a Felony

Many firearm owners don’t realize that passing down a gun collection improperly can lead to felony charges. Under federal law, certain individuals are prohibited persons who cannot legally possess firearms, including:

Felons
Individuals convicted of domestic violence
Habitual drug users (including marijuana, which remains illegal under federal law)
Individuals with restraining orders related to domestic disputes

If you accidentally leave a firearm to someone ineligible to own one, both you and the recipient could face severe legal consequences. A gun trust helps prevent this by ensuring only legally eligible beneficiaries receive your firearms.

2. Simplifies Firearm Transfers

Gun laws can be complex, especially when transferring ownership. Certain firearms—such as suppressors, short-barreled rifles, and machine guns—are regulated under the National Firearms Act (NFA). Without a trust, the legal owner must go through a background check, fingerprinting, and approval from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) for every transfer.

With a gun trust, the trust itself owns the firearms, allowing multiple trustees to possess and use them legally. This can be particularly useful for families or collectors.

3. Protects Family Members from “Inadvertent Felonies”

Imagine you own an NFA-regulated firearm, and you store it at home. If your spouse or children have access to it—even unintentionally—they could be guilty of constructive possession, a felony punishable by up to 10 years in prison and a $250,000 fine. A gun trust helps avoid this by clearly defining who has legal access to the firearms.

4. Keeps Your Gun Collection Private

Probate is a public process, meaning that if firearms are passed down through a will, they may become part of public record. A gun trust avoids probate, ensuring that your firearm collection remains private and is transferred smoothly to your chosen beneficiaries.

The Legal Framework: National Firearms Act and Gun Control Act

Florida firearm owners must comply with both federal and state laws when handling their firearms. Here are two major laws affecting gun trusts:

The National Firearms Act (NFA)

The NFA, established in 1934, regulates specific firearms such as:

Fully automatic weapons
Short-barreled rifles and shotguns
Suppressors (silencers)
Destructive devices (grenades, explosives)

To legally own these weapons, you must register them with the ATF, pay a tax, and comply with strict transfer rules. A gun trust simplifies compliance by centralizing ownership within a legal entity.

The Gun Control Act (GCA)

The GCA, enacted in 1968, prohibits certain individuals from possessing firearms and establishes regulations on firearm transfers. If a firearm is passed to someone who is a prohibited person, they could be charged with a felony. A gun trust can prevent these unlawful transfers by including specific instructions regarding beneficiary eligibility.

How a Gun Trust Works

A Gun Trust Is Like a “Box”

Think of a gun trust as a legal box that holds your firearms. As the trust creator, you decide:

Who gets the firearms (beneficiaries)
What they get (specific firearms)
When they get it (immediately or at a later date)
How they get it (direct transfer or continued trust ownership)

For more information, request a copy of our gun trust brochure.

Flexible and Secure Firearm Possession

If you own an NFA firearm, only you can legally possess it—unless it’s in a gun trust. With a trust, you can add trustees who are legally allowed to possess and use the firearm. This is particularly helpful if you want to share your firearms with family members for hunting or sport shooting.

Can You Use a Regular Trust for Firearms?

No. A standard revocable living trust does not provide the necessary legal language required for firearm transfers. In fact, using a generic trust could violate federal law, resulting in illegal transfers. A dedicated Florida gun trust ensures compliance with firearm laws while offering protection and flexibility.

Key Takeaways

A gun trust helps Florida firearm owners comply with state and federal laws.
It protects family members from inadvertent felonies related to gun transfers.
It allows multiple trustees to legally possess and use NFA-regulated firearms.
It ensures privacy by keeping your gun collection out of public records.
A gun trust offers a safe and structured way to pass firearms to future generations.

Secure Your Firearms with a Gun Trust

If you own firearms in Florida, setting up a gun trust is a smart move. Protect your loved ones, avoid legal risks, and ensure a smooth transfer of your firearms. Schedule a Discovery Call with Team Legacy to Get Started.

Reference: Bureau of Alcohol, Tobacco, Firearms and Explosives “National Firearms Act (NFA)”