With federal bills being proposed to implement or strengthen gun control measures at the national level, we have had several questions asking whether a gun trust will protect the owner from the proposed firearm bans. Unfortunately, if a proposed bill would ban a firearm or firearm accessory at the national level, then a gun trust would not provide a means to retain the firearm or firearm accessory. A gun trust is not a way around the federal firearm ban.
A gun trust, particularly a NFA firearms trust, allows the owner to own a highly regulated firearm in a way that does not create a transfer every time the owner leaves the firearm at home in a gun safe. With Title II, also known as Class 3 or NFA, firearms, the tax stamp that is issued to the owner would be issued to the trust and not one specific person. By having the tax stamp issued to the trust, then more than one person, known as a Co-trustee, could be in legal possession of the firearm without “transferring” the firearm as the trust is the legal owner.
Like an individual, a gun trust can only own those firearms that are legal to own or possess.