NFA Gun Trust Lawyer Blog

There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In Missouri you can own the following items that are regulated the the National Firearms Act

Machine Guns
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
Any Other Weapon (AOW)
Silencers

In Missouri you cannot own the following NFA restricted items.

Destructive Devices (DD)

Follow this link to find out more about Missouri and NFA restrictions on Class 3 Firearms

<strong>NOTE:</strong> Starting 8/28/2011 you will be able to use a NFA trust to purchase NFA firearms in Missouri without the need of a C & R, FFL, or use of a Corporation or LLC.

In Missouri, you have previously needed to be an FFL to purchase Title II firearms from a Class 3 dealer. This may change soon as a new bill which is proposed to be effective on 8/28/11 would remove the FFL restriction. This means, you could use a Gun Trust to purchase NFA firearms. To read the bill follow this link.

NOTE: because of a recent law change the following information will be obsolete as of September 2011. Starting 8/28/2011 you will be able to use a NFA trust to purchase NFA firearms in Missouri without the need of a C & R, FFL, or use of a Corporation or LLC.

A trust may not obtain a C&R license. In some state like Missouri, to purchase Title II firearms you must have a FFL. Missouri considers a C&R a FFL for this purpose. A trust may not obtain a C&R or other FFL.

If you want to use a NFA Trust in Missouri, it must be done in conjunction with a Corporation or LLC. The Trust can be the member and the Manager of the LLC or Corporation which adds the ability to deal with incapacity, death, and easily changing the authorized users.

There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the National Firearms Act.

In Missouri you can own the following items that are regulated by the the National Firearms Act:

Machine Guns **
Silencers*  after 8/28/08 which are a curio, ornament, or as a keepsake if you are a collector.
Short Barreled Shotguns (SBS) **
Short Barreled Rifles (SBR) **
Any Other Weapon (AOW)

In Missouri you cannot own the following NFA restricted items.

Silencers *- prior to 8/28/08 which are not classified as curio, ornament, or as keepsake, or non-functioning devices
Destructive Devices (DD)

**  Must be a curio, ornament, or keepsake, and such person is an importer, manufacturer, dealer, or collector licensed by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, U.S.C., Title 18
* NOTE  HB 2034 SECTION 571.020

As a practice matter the item does not have to be a C&R if you are a collector which is usually evidenced by having a C&R license.  That is if you have a C&R license you can have a non C&R Silencer, machine gun, SBR, or SBS as a keepsake.

This act allows licensed importers, manufacturers, dealers, or collectors to possess, manufacture, transport, repair, or sell a firearm silencer as a curio, ornament, or keepsake.

Currently, it is not a crime for a person to possess, manufacture, transport, repair, or sell a firearm silencer if such action was incident to dealing with the silencer as a curio, ornament, or keepsake, or it is used in a lawful dramatic performance, but only if the silencer is in a non functioning condition. Under this act, the silencer would not have to be in such non functioning condition.

This section is identical to certain provisions to SCS/SB 1172 (2008).

Follow this link to find out more about Missouri and NFA restrictions on Class 3 Firearms

Missouri House Bill 2034 SECTION 571.020

This act allows licensed importers, manufacturers, dealers, or collectors to possess, manufacture, transport, repair, or sell a firearm silencer as a curio, ornament, or keepsake.

Currently, it is not a crime for a person to possess, manufacture, transport, repair, or sell a firearm silencer if such action was incident to dealing with the silencer as a curio, ornament, or keepsake, or it is used in a lawful dramatic performance, but only if the silencer is in a non-functioning condition. Under this act, the silencer would not have to be in such non-functioning condition.

This section is identical to certain provisions to SCS/SB 1172 (2008).