firearm trusts

Hunting season has come and gone, and many Montanans have found themselves purchasing ammunition, firearms, and other tools of the trade over the past several months. If you are looking to add a silencer to your tool belt, now is the time to start planning. Many know that it takes months, if not close to a year, to obtain the silencer. 

A firearm trust can be used under the National Firearms Act of 1934 (NFA) and 1968 revision of the Gun Control Act to include silencers/suppressors, large caliber weapons, and other specialized firearms. NFA weapons have to be registered with the Bureau of ATF and may only be possessed by the registered owner, unless the weapon is in a trust.

Why Do I Need a Firearm Trust? Firearm trusts have several benefits, one of which includes the ability to have more than one person able to possess the weapon. This is important so that family members and close friends aren't committing an accidental crime when they allow their family member to borrow their rifle with a silencer during a hunt. Firearm trusts also allow the owner to have a gun or silencer held in trust, enabling the owner to pass the firearm or silencer on to beneficiaries as the owner desires. Other firearms can be placed in a firearm trust as well if one desires. Firearm trusts can also be helpful at the end of life, when it comes to distributing the firearms of the owner in an effort to ensure they are distributed the way the owner wishes, privately and legally, and outside of probate.

How Do I Use the Firearm Trust? Once the firearm trust is established, the Trustmaker or "responsible person" is able to purchase a firearm or silencer in the name of the trust. The document is provided as part of the application process, and the silencer or firearm is purchased in the name of the trust. It is a common misconception that a background check is not required for a firearm trust purchase. In 2016, the law changed to require background checks, even with a firearm trust, and the background check must be done by a "responsible person", generally the trustmaker. 

Many Montanans are interested in owning a silencer for their hunting rifles and other firearms. A firearm trust is a great way to ensure that silencers are able to be used by the owner's family without legal complications. Contact a trusted attorney to help you set up your firearm trust and start the process of setting up your firearm trust and obtaining a silencer. 

- Jill 

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