Montana Gun Trust : Are Do It Yourself Gun Trust Legal In Montana?
Do it yourself gun trust are legal in Montana. A do it yourself Montana gun trust is a legal document that allows Montana gun owners to legally own and possess firearms, including NFA and Non-NFA items.
NFA items are regulated by the National Firearm Act and may include machine guns, suppressors, and even short-barreled rifles and sawn-off shotguns. Non-NFA items are those firearms or accessories that do not require a special NFA tax stamp to own. You may think of Non-NFA items as those that may normally be purchased from any FFL in Montana.
Purchasing with a trust maintains the privacy as to what kind of, and how many firearms an individual may own.
Although you must go through a background check to set up a gun trust, you do not have to go through additional background checks each and every time your gun trust purchases a firearm.
What Is A DIY Gun Trust In Montana?
Your Montana gun trust will essentially act as a legal entity that holds ownership of the firearms on behalf of the individual (s) and can be used to pass down firearms to heirs or beneficiaries without the need for probate court proceedings.
Multiple trustees can be added to your trust enabling all those trustees listed on the trust documents the ability to use firearms that have been placed within the trust. A gun trust can also protect your gun collection from many legal civil proceedings that may be brought against you.
Why Are Montana Do It Yourself Firearms Trust So Popular?
- Cost: In office attorney-drafted trusts are more costly than creating your own.
- Privacy: No additional filings with the government other than the ATF.
- Shared Ownership: All named trustees can utilize firearms owned by the trust.
- Easy To Create: State of the art fill in the blank software that allows you to create a trust in just a short amount of time.
How Many Trustees Can I Add To My Firearms Trust?
You can add as many friends or family members as you would like. So long as all individuals are legally added to the trust, all can enjoy the use of any firearms or accessories that are owned by the trust!
Is There A Difference Between A Gun Trust And NFA Trust?
The terms gun trust and NFA trust are interchangeable. Many people refer to it as a NFA trust because often times a trust is used as a way to protect a gun collection that may contain items that fall within the guidelines of the National Firearms Act.
Items that may fall within the guidelines of the NFA will be issued the NFA tax stamp in the name of the firearms trust as opposed to any individual that may be listed on the trust.
How Many NFA Firearms Can Be Added To A Montana Gun Trust?
Montana gun trust requirements do not limit the amount of firearms that may be added to a gun trust in Montana.
Is It Hard Setting Up A Gun Trust In Montana?
Establishing a Montana gun trust has never been easier!
A do it yourself gun trust in Montana can be created by any individual without the assistance of an attorney. That is, of course, providing that the individual can legally possess firearms.
Creating a MT firearms trust is not a hard task to accomplish, the key to doing this is knowing what software or website to use. If you have the ability to type and follow instructions you can create your own gun trust documents.
It is also important to ensure that the trust is legally valid and that if during the formation of your trust, you have questions, someone is there to answer your questions.
This is one of the reasons we only recommend an attorney-drafted gun trust in conjunction with easy-to-use software.
This gives you the assurance that your trust is properly structured to avoid any legal issues and that it is ATF approved. That is why we recommend using proven gun trust software.
Revocable VS Irrevocable Gun Trust In Montana
There are two different types of Montana gun trust that may be created:
- Revocable gun trust: The revocable trust will allow you to make changes as necessary. This is the most common type of firearms trust on the market.
- Irrevocable gun trust: The irrevocable trust is exactly that. Once created and filed changes may not be made in most states. Some states may allow for dissolution or modification of the trust if all beneficiaries listed on the trust agree.
Who Can Be Added To A Montana Gun Trust?
In general, a Montana DIY gun trust will include the following people:
- The trust creator a.k.a. “grantor” or “settlor” or “trustor”
- Trustees- these are the individuals responsible for distributing and managing trust assets
- Beneficiaries- these are the individuals who will benefit from the trust assets
- Successor trustees- individuals who will take over the role of trustees if the original trustees are unable to continue with their duties
- Co-trustees- these are the individuals who share the responsibility of managing and distributing trust assets
It is important to note that if someone becomes prohibited by law from possessing firearms, such as becoming a convicted felon or having a restraining order issued against them, it may be considered a violation of federal law to allow them to remain on the trust.
It would be wise to remove these types of persons immediately from your Montana gun trust. A quality drafted trust will have all the necessary forms required to add and remove individuals from the trust.
What Makes For The Best Montana Do It Yourself Gun Trust?
The best Montana DIY gun trust is going to be attorney drafted and designed to comply with all Federal Firearms Laws. Key features may include the ability to do the following:
- add beneficiaries
- add co-trustees
- add firearms
- removing beneficiaries
- removing firearms
- removing co-trustees
- offer ongoing support
- offer all ATF forms required
- detailed instructions on how to use your trust
- review of your gun trust documents
- required banking forms
What Type Of Firearms Can Be Placed In A Firearms Trust?
You may place any and all firearms that are currently legal in Montana within your gun trust.
How Much Does Do It Yourself Gun Trusts Cost In Montana?
The exact cost of a do-it-yourself gun trust can vary. The price may vary depending on your state of residence, the complexity of the trust, and the website or software that you use to create it. Some online gun trust creation services charge between $50 to $350, while others are free.
The difference in price between these trusts will normally be centered around what type of options come with the trust. Examples may include:
- Is the trust a perpetual trust?
- Are unlimited change orders included within the software?
- Are BATFE forms included with the trust?
These are just some of the items that can affect the pricing of gun trusts.
Free Gun Trust In Montana?
Yes, you read it right. Some retailers in Montana do offer free legal gun trust for those who purchase specific NFA items. However, many of these trusts are created based on the specific item that you purchased.
Meaning that if you purchased an item such as a suppressor, the retailer would set you up a gun trust for that particular suppressor. Some of the problems that come into play with this is that you may not be able to add additional items or trustees to the trust.
In the future you wished to move the suppressor from your free trust to a trust that you have set up and purchased you would actually once again have to pay a $200 transfer tax to the ATF.
It’s essential to consider the quality and legality of the firearms trust before making a purchase. Buying the wrong trust or even using a free trust can in the long run cost you even more money.
Must A Montana Gun Trust Pay Annual Fees Or Submit Annual Reports?
There are no annual fees or reports that are required after the ATF has approved your MT firearms trust. Purchasing firearms by use of a corporation or LLC involves more paperwork and may include ongoing tax consequences.
Why Do I Need A Montana Gun Trust?
Placing your firearms within the legal protections of a Montana gun trust has many advantages. Read our article Benefits Of A Firearms Trust to learn more.
Who Has The Best Gun Trusts In Montana?
Who has the best software for creating trusts is going to largely be determined by your particular needs and budget.
The less expensive trusts may contain ongoing added fees for forms and any changes made to the trusts in the future. Do your due diligence and ask questions if the answers are not readily available.
Gun Trust Montana: Are Do It Yourself (DIY) Gun Trust Legal In Montana?
Yes 100% Legal
Ready To Get Going?
DIY not your style, visit our Montana NFA Trust Attorneys page.