Basically, there are 2 ways that an individual (who is not prohibited by Federal, State, or local law from receiving or possessing firearms) may legally acquire NFA firearms:
(1) By transfer after approval by ATF of a registered weapon from its lawful owner residing in the same State as the transferee.
(2) By obtaining prior approval from ATF to make NFA firearms.
The American Suppressor Association released a great visual map of where silencers/suppressors are legally allowed to be owned by civilians and where you can use them for hunting purposes.
Yes. You can add a responsible person/co-trustee to your NFA gun trust who lives in another state. The trustee that lives in the different state will not however be able to use and possess the NFA firearms in a state that does not allow possession of the NFA firearms. The trustee will only be able to use the and possess the NFA firearms in a state where you can legally posses the NFA firearms. The NFA laws vary from state to state. You will need to check about your local NFA firearm laws to see which apply.
Navigating the ATF paperwork can be confusing at times. This is the main reason why we created the ATF Form 1 step by step walk-through guide. In this step by step walk-trough guide we go over ever line item in the ATF Form 1.
Federal explosives laws define a "responsible person" as an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials.
When the settlor dies the items in the gun trust are passed down to the beneficiaries. The items in the gun trust don't go through the probate process. The items in the gun trust are distributed as laid out in the gun trust beneficiary page using the ATF Form 5.
