Florida Gun Trust – Lawyers
Florida gun trust attorneys can help you create your totally legal Florida gun trust. A trust can provide you with the protections as outlined in the National Firearms Act giving you the ability to own and possess otherwise illegal NFA weapons. Keep reading and learn how to get a gun trust in Florida and keep your gun collection private. The benefits of having a firearms trust in Florida far outweigh the minimal cost that is involved in creating one.
These type of revocable trust allow you to share your collection with friends and family members without breaking the law. These National Firearms ACT (NFA) trust allow you to add remove and appoint successor trustees. As an estate planning tool a properly drafted trust is a great asset and well worth the money.
Sometimes referred to as a Florida gun trust, this legal instrument makes it possible to own and make NFA items in all states where such items are legal. Attorney drafted trust can offer you the peace of mind of knowing that your Florida gun trust has been prepared by a licensed legal professional in your state.
Having a Florida attorney create your gun trust is not the only option available. If you are confident in your abilities to follow instructions and simply fill in the blanks, a do it yourself gun trust may be a more affordable option and afford you more privacy.
The DIY trust are just as legally binding as one created by an attorney and the step by step instructions are clear and easy to follow.The cost savings are significant and well worth your time.
What is an NFA Firearm ?
NFA items include fully automatic firearms, short barrel shotguns, and short barrel rifles. Other NFA items may be sound suppressors, destructive devices or weapons known as AOW (any other weapon). You will find a brief explanation below.
Machine Guns Florida Full Auto Permit
Machine guns in Florida are defined as any firearm that can fire more than 1 shot per trigger pull. In many states machine guns are legal to own, however, once again the proper registration and tax stamp must be applied for and in your possession before you take ownership of the weapon. Being in possession of such a gun without the proper paperwork is a felony.
Are Machine Guns Legal To Own In Florida ?
Machine guns a.k.a. fully automatic weapons are legal for Florida residents to own providing they were manufactured on or before May, 19th, 1986. All full auto guns in Florida must be registered with the ATF and placing them within a NFA gun trust is a good way to own one.
Being able to allow others to enjoy the thrill that comes with ownership is just one of the rewards. The ATF fee or NFA tax for owning one is $200.00. You must be sure to apply for and receive your NFA tax stamp before taking ownership of a full auto weapon. The requirements for ownership are about the same as buying any other type firearm.
Short Barreled Shotguns (SBSs)
Short barreled shotguns in Florida are defined as having a smooth bore and an barrel overall length of 18 inches or less and a minimum overall length of 26 inches. Short barrel shotguns are often referred to as sawn off shotguns, however that is not necessarily true. SBSs can be readily obtained new by purchasing from many firearms manufactures. Being in possession of an SBS without the proper paperwork and tax stamp is a felony.
Muzzle loading, black powder, short barrel shotguns are exempt under federal law, however, your states laws may deem them to be illegal. Be sure to check your states laws as to the legalities of owning and purchasing.
Short Barreled Rifles or SBR’s In Florida
This type of rifle has an overall length of less than 26 inches and a barrel length of less than 16 inches. If a folding type stock is attached to the firearm, the measurement is taken with the stock extended and locked in an open position. Simply adding a stock to a handgun can in many circumstances instantly cause it to be reclassified as an SBR.
Removing the butt stock from a rifle and adding a pistol grip may also be cause for reclassification under federal law.
Being in possession of such a firearm without the proper BATFE registration paperwork and sbr tax stamp may constitute a felony under federal law and Florida SBR laws. There are however some rifles manufactured before 1934 that may be exempt from these laws. Visit our dedicated page for more information on Curios and Relics.
Are Short-Barreled Rifles Legal In Florida ?
Short barreled rifles are legal for Florida residents to own and use provided the proper BATF&E paperwork has been filed, payed for, reviewed by and approved by the BATF&E. You may even construct your own short barreled rifle if you follow applicable law as outlined at the BATFE website and laws of the State of Florida. ATF Form 1 is required.
By placing your firearm in a gun trust you can bypass having your CLEO having to sign off on the purchase. The standard fee associated with the Form 1 is $200. Penalties for not abiding by the law may be a maximum of 10 years imprisonment and upto a $250,000 fine. Be sure your SBR is legally registered and that all proper fees have been paid.
Suppressors or Silencers Are Legal In Florida
A suppressor in Florida is defined as any device attached to a firearm be it a rifle or pistol that lowers or muffles the report of a firearm. Some people confuse a flash suppressor with a sound suppressor. A flash suppressor requires no registration or tax stamp. Flash suppressors do nothing more than cool and disperse burning gases exiting a barrel without dampening the sound.
Some states may not allow ownership or use of silencers, be sure to research your state laws before purchasing a sound suppressor. Being in possession of a silencer without the proper paperwork and tax stamp is a felony. Learn the legal way to purchase your rifle suppressor.
Are Silencers Legal In Florida ?
The State of Floria allows its residents to own silencers for multiple purposes. In Florida a resident may use a silencer while hunting, sport shooting, home defense or any other lawful purpose including personal protection. You may own a firearm suppressor in Florida so long as your legally able to do so and the proper tax stamp has been applied for, payed for, and issued by the Bureau of Alcohol Tobbaco Firearms and Explosives.
Dis-qualifiers for ownership may include the following, being a convicted felon, under investigation for family violence or having been diagnosed with having mental illness. Suppressor purchase will required a NCIS background check. The State of Florida is the 33rd state that has chosen to allow its residents to own and hunt with silencers.
Destructive devices in Florida include bombs, grenades, modern day artillery , chemical weapons and non-sporting firearms with a bore size over 0.50 inches. Although such firearms as the 12 gauge shotgun may have a bore in excess of 0.50 they are exempt from the NFA because they do have a generally accepted sporting purpose. Being in possession of a DD without the proper paperwork and a destructive device tax stamp is a felony.
Any other weapon or AOW
This is a highly encompassing and complex category. Simply attaching a vertical grip to a pistol that has a rail will constitute your having made an AOW in the eyes of the BATFE. Other examples include firearms disguised to look like something other than a firearm, such as a cell phone gun, wallet gun, or a flashlight gun. Short barreled shotguns that come from the factory with a pistol grip will be considered an AOW under federal law.
Excluded items include firearms built prior to 1898 and do not use conventional ammunition. Owner ship of Title II weapons is not illegal however one must have the proper paperwork and tax stamp to be in possession of such devices.
ATF Rule 41F – NFA Trust Rules Change.
As of July 13, 2016 the ATF requires that all responsible persons who are to be placed on the trust to submit fingerprints and a 2×2 photo when submitting a Form 1 or Form 4. You must also submit the “Responsible Person Questionnaire” Rule 41 F placed new guidelines on the manufacturing and transferring of NFA items and was placed into effect by the Obama administration.
Your fingerprints may be taken by any business or government agency that is equipped to take fingerprints. Be sure any business you may use, utilizes the proper fingerprint card. The card number is FD 258.
Some of the benefits of a Florida Gun Trust include not having to wait on your chief law enforcement officer (CLEO) to sign off on your purchases. There is also no fingerprint submission required when purchasing a firearm through your trust and it affords you more privacy when making purchases.
Contact any of the Florida gun trusts lawyers listed below to learn more about how to set up a Florida gun trust or create your own totally legal DIY NFA Gun Trust at a fraction of the cost and gives you the ability to create a trust online in a matter of minutes.