Georgia NFA Gun Trust Attorneys – How To Form A Gun Trust
Georgia NFA gun trust attorneys can help you create your totally legal Georgia 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 weapons. Continue reading to learn more about how to set up a gun trust in Georgia and how to protect your gun collection.
Sometimes referred to as a Georgia NFA gun trust, this legal instrument makes it possible to own and make NFA items in the State of Georgia if such items are legal. This is a revocable trust which means you can add and remove users or co-trustees at your discretion including family members or friends.
A Georgia NFA Gun Trust Attorney drafted trust can offer you the peace of mind of knowing that your Georgia gun trust has been prepared by a licensed legal professional in your state and is a great tool to help with your estate planning. The benefits of having a firearms trust in GA far outweigh the minimal cost that is involved in creating one.
Having an NFA attorney create your trust is not the only option available. If you are confident in your abilities to follow instructions and simply fill in the blanks, a Georgia do it yourself gun trust may be a more affordable option and afford you more privacy when purchasing your NFA weapons.
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. Sometimes it may be more convenient to set up a gun trust online.
What weapons are regulated by the National Firearms Act ?
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). These types of weapons are commonly known as Title II or Class III firearms. You will find a brief explanation below.
(SBRs) or a Short Barreled Rifles In Georgia
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 under both federal and Georgia SBR laws. You will need an ATF form for SBR and will be required to pay the appropriate NFA tax.
Removing the butt stock from a rifle and adding a pistol grip may also be cause for reclassification under federal and Georgia law.
Being in possession of such a firearm without the proper BATFE registration paperwork and NFA tax stamp may constitute a felony under federal law and Georgia SBR laws. There are however some rifles manufactured before 1934 that may be exempt from these laws. Visit our C&R page for more information on Curios and Relics.
Are Short Barreled Rifles Legal In Georgia ?
Short barreled rifles (a.k.a. SBRs) are legal rifles for Georgia residents to own and use provided the proper ATF paperwork has been filed, payed for, reviewed by and approved by the ATF. You may even construct your own short barreled rifle if you follow applicable law as outlined at the BATFE website. ATF Form 1 is required along with the associated $200 tax stamp.
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.
Short barrel rifles in Georgia can be used for any legal use as prescribed by Georgia law. 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 taxed by the ATF and that all proper fees have been paid.
Machine Guns In Georgia
Machine guns 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 Georgia ?
Contrary to what some websites will tell you, machine guns a.k.a. fully automatic weapons are legal for Georgia residents to own providing they were manufactured on or before 5/19/1986. All machine guns must be registered with the ATF and placing them within a gun trust is a good way to own one and to be able to allow others to enjoy the thrill that comes with ownership. The ATF fee or tax for owning one is $200.00.
You must be sure to apply for and receive your tax stamp before taking ownership of a full auto weapon. The requirements for ownership are about the same as buying any other type firearm.
Possession of a machine gun without the proper atf tax stamp is a felony under the dictates of National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5481-5862 and State of Georgia law.
Short Barreled Shotguns In GA
Short barreled shotguns in GA 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.
Are Short Barreled Shotguns Legal To Own In Georgia ?
Sawed off shotguns or short barreled shotguns (a.k.a. SBS) are legal for Georgia residents to own and use. These types of firearms have a barrel length of 18 inches or less. In order to be legally in possession of, or manufacture a SBS you must pay a $200 fee to the ATF this fee has been imposed by the National Firearms Act of 1934.
Suppressors or Silencers – Are Silencers Legal In GA ?
A suppressor is 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. Suppressors or silencers are legal in the State of Georgia providing you are in compliance with the National Firearms Act (NFA).
Destructive Devices In Georgia
Destructive devices 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 tax stamp is a felony.
Are Destructive Devices Legal To Own In Georgia ?
The term destructive device includes items such as grenades, bombs, large cannon, mortars and other such items. These items are legal to own in Georgia so long as you have paid the $200 fee to the ATF.
Placing these items in your Georgia gun trust affords you greater privacy. Use of these Class 3 items may be regulated by state and federal law. Be sure you have your Class 3 weapons permit before purchasing.
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.
Are Any Other Weapons (AOW) Legal To Own In Georgia ?
Any other weapons (AOW) are devices that are designed to be concealed on your person and are capable of fireing a shot or discharging a projectile via an explosive means. These devices may be disguised as everyday objects, for instance a gun that looks like a ink pen. You must apply for and receive your AOW tax stamp before taking possession of such a device.
ATF Rule 41F
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.
Yours and any co-trustees 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.
Contact any of the Georgia gun trust attorneys listed below to learn more about how to set up a Georgia gun trust or create your own totally legal DIY NFA Trust at a fraction of the cost most of these have a sample NFA trust to give you step by step instructions.