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You don’t want to have to jump through ATF hoops to get a suppressor, short, barreled rifle, machinegun, or other NFA item. We take tremendous pride in that, unlike many competitors or online solutions, our trusts have never had a problem with the ATF or any FFLs. They are written in plain English, not legalese, and you are able to set it and forget it.
We want to make this process as simple and easy as possible. In addition to walking you through the trust creation process, we explain how to legally and safely transport, possess, and use these devices across Wisconsin. This should be one of the easiest parts of any estate planning you may want to do.
An NFA gun trust allows individuals to own firearms and devices that would otherwise be prohibited. Because this is a trust, the person who owns the items and creates the trust is known as the settlor and the other people named as able to use the items are the trustees.
The National Firearms Act established a way for otherwise prohibited firearms and devices to be legally owned. By establishing an NFA gun trust, you not only protect yourself as the settlor, but also your trustees, your inheritors, and your firearms. In the ever-changing legal landscape around guns, it is important to establish your legal protections.
The National Firearms Act of 1934 established the laws governing virtually all firearms. This includes suppressors, short-barreled rifles and shotguns, machineguns, any other weapons (AOWs), and later destructive devices. These devices are 100% legal to own in Wisconsin and most other states.
A mobile device that muffles a firearm.
A rifle or a weapon made from a rifle with a barrel shorter than 16 inches and/or an overall length of less than 26 inches.
A shotgun or a weapon made from a shotgun with a barrel shorter than 18 inches and/or an overall length of less than 26 inches.
A variety of uniquely concealable and odd weapon platforms. See ATF for specific decisions. Does not apply to ordinary handguns.
A weapon designed to or capable of automatically shooting more than one shot by a single trigger function.
Bombs, grenades, poisonous gas weapons, explosive missiles, or any firearm with a bore over 0.50 inches that has not been otherwise exempted by the ATF.
Machine guns also require a CLEO (Chief Local Law Enforcement Official) in the state of Wisconsin. This is where you get either a chief of police or a sheriff to sign off on your ability to own a machine gun. This person can come from anywhere within the state. There are different approaches for how to get this, but our attorneys at Grieve Civil Law are able to help in the process.
There are several advantages to having your guns legally held within a trust. In summary, it gives you greater authority over your firearms, and it ensures you are legally protected and legally authorized to own otherwise prohibited firearms or attachments.
Anyone the settlor names as a trustee can use the firearms registered in the gun trust. Naming them as a trustee gives them legal protection. The settlor can add or remove trustees from the trust throughout their lifetime.
NFA weapons registered to a gun trust avoid the complex and costly process of probate. Rather than being funneled through a will, the firearms pass automatically to the beneficiaries of the trust via a tax-free form 5: no $200 per item transfer fee. The firearms are inherited in accordance with the terms and conditions of the gun trust agreement prepared by the settlor.
