Articles Posted in FAQ’s

Many people refer to Title II firearms (Silencers, SBR, SBS, and Machine Guns) as Class 3 weapons) as Class 3 firearms or weapons.  The Class 3 terminology is generally used with a dealer license and not a type of weapon but a license.  SOT means  special occupational tax and refers to the tax due upon transfers of items restricted by the NFA ( Generally $200 except for AOWs which have a tax of only $5)

If you purchase a Title II firearm from a dealer or individual out of your state, you will need to use a class 3 transfer agent to move the items across state lines.  If you purchase from an individual within your state then no transfer agent is required.

Under the NFA, there are no specifics on what type of storage device should be used to safeguard the NFA firearms.  Most people tend to use gun safes that have key or combination lock.  If necessary one can even use a separate lock inside of a safe to limit access to the firearms.

While it is permissible to use a locked drawer or closet to restrict access, one must realize that such a limited restriction on access will comply with the federal requirements but may create potential personal liability for damage done by the devices under a theory of negligence.  If someone with a propensity to cause harm is able to easily circumvent the restricted access and you have knowledge of the risk, you can be held responsible under you state’s negligence laws for damages that result in your breach of duty by allowing them easy access to the items.

In other words while a gun safe is not a statutory requirement under federal law, it might be a good idea if someone who has access to your home might injure others through easily accessing the items.

Often I am asked What is the difference between an NFA Specific Trust and a normal estate planning trust.  While both if properly created can facilitate the purchase of NFA related firearms and weapons, the NFA trust deals with the unique issues surrounding NFA Firearms ownership, transfer, and possession.  No matter what type of entity is used for purchasing Title II firearms, it is important to not to mix non firearms related items with the firearms.  If the NFA items are used incorrectly by you, or someone else with or without your knowledge, you do not want to risk your livelihood, business assets, or personal assets by placing them in the same trust.

When planning for the unknown event or set of circumstances we need to treat a Silencer, SBR, SBS, or Machine Gun differently than a picture on the wall.  Quicken if used properly can properly transfer a picture, couch, CD, or most typical assets, but is not setup to inform our yet to be identified survivors on how to deal with issues like the NFA, ATF, Title II firearms, or Form 4 transfers. 

Each person’s needs are unique and a properly drafted NFA trust will be customized for that person and their family.