If you own or plan to buy a suppressor, a short-barreled rifle, or another item regulated by the National Firearms Act, you may have heard someone mention a gun trust. A gun trust, sometimes called an NFA trust, is one of the most common tools Maryland residents use to hold these items. It is not required by law, but it solves real problems when more than one person needs legal access to the same firearm.
At The Weeks Law Firm, we help clients across Anne Arundel County and throughout Maryland build gun trusts that fit their actual needs. Here are the answers to some common questions about gun trusts.
What is a gun trust and how does it work?
A gun trust, or NFA trust, is a revocable living trust established to own NFA-regulated items. Rather than titling a suppressor or short-barreled rifle in your own name, you title it in the trust, and the trust is named as the owner on the ATF paperwork. The reason that matters is that federal law limits possession to the registered owner.
In other words, if you own an NFA item individually, you are the only one who can legally handle it unless you are directly supervising another person. On the other hand, a gun trust lets you name co-trustees, such as a spouse or adult child, who can use the item on their own. Each co-trustee still has to pass the same background check an individual buyer would.
A gun trust also plans for what happens after you pass away. A properly drafted trust names a successor trustee and beneficiaries, so your NFA items can pass to the people you choose without going through Maryland probate.
Is getting a gun trust a good idea?
For most people who own or plan to own NFA items, yes. A gun trust tends to make sense if:
- You want a spouse, family member, or friend to use the item without you present
- You want an inheritance plan for the item that avoids probate
- You want the trust document to keep some details private
- You plan to buy more than one NFA item over time
A gun trust is especially useful for married couples and families who want more than one person to have full legal access to a suppressor or short-barreled rifle.
What are the downsides of a gun trust?
A gun trust is not automatically right for everyone. Since 2016, every trustee named in the trust must pass the same background check as an individual buyer, including fingerprinting and a photograph, each time the trust acquires a new item.
You also need to keep your gun trust up to date by updating it whenever you buy or sell an item, and making sure your trustee and beneficiary choices still reflect your wishes. A trust that does not reflect these changes can cause issues later.
A poorly drafted trust can create more problems than it solves. Generic templates often skip what should happen if a beneficiary cannot legally receive a firearm, or how the trust should handle a divorce, a minor beneficiary, or an out-of-state family member.
How much does it cost to do a gun trust?
Costs vary widely depending on where you get the trust drafted. Online templates can cost as little as $50 and as much as $100. Online services that use an attorney to build a base document, without any real conversation about your situation, tend to fall between $100 and $400. A trust drafted by a Maryland attorney who takes time to learn your family and goals typically costs more, often a few hundred dollars up to around a thousand for complex situations. At The Weeks Law Firm, we charge a flat rate of $500 to draft your custom gun trust.
The lower price of a generic template comes at a cost. An attorney who sits down with you will ask questions a template might not address, such as:
- Who do you want to use these items alongside you?
- Who should step in as trustee if something happens to you?
- Do you have minor children, or beneficiaries outside Maryland?
- Do you already have a will or estate plan this trust needs to work alongside?
- Is there anyone in your family who could not legally receive a firearm?
The answers change what the trust needs to say. A form that does not address these issues will not fully meet your needs.
Does my gun trust have to be notarized?
Maryland law does not require a trust to be notarized to be valid, and the ATF’s own instructions do not explicitly demand a notarized trust before you submit a Form 1 or Form 4. On paper, an unnotarized trust can be legally sufficient.
In practice, notarization is nearly mandatory. A couple of reasons why:
- Dealers and Class 3 shops routinely will not process a transfer without a notarized trust on file, regardless of what the ATF technically requires.
- If the trust is ever challenged, whether in a family dispute or in probate, a notarized instrument is harder to attack than an unnotarized one.
How can I get my gun trust notarized?
Many banks will notarize documents free of charge for their account holders. Businesses like UPS stores offer notarization services for a reasonable fee. OneNotary provides online and remote notarization, enabling you to have your trust notarized from the comfort of your home. The Weeks Law Firm will notarize documents we draft free of charge for clients who can come to Severna Park, MD.
What are common mistakes people make with gun trusts?
- Naming a minor as a co-trustee, which is not allowed under federal or basic trust law
- Failing to plan for a beneficiary who cannot legally receive a firearm
- Assuming the trust removes background check requirements, which has not been true since 2016
- Leaving the trust unfunded or failing to update the inventory
- Using an out-of-state template without adjusting it for Maryland law
The Weeks Law Firm can help
A gun trust can be a useful tool, especially when built around your specific situation. At The Weeks Law Firm, we draft NFA trusts around real answers to important questions for clients throughout Anne Arundel County and all of Maryland. Schedule a free consultation today, or contact us with questions.
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