WHO LEGALLY INHERITS YOUR GUNS
A popular alternative is a Trust. Trusts have long been used to transfer property upon the death of a property owner who is referred to as the Settlor.
For the past several years in order to own a Suppressor or any other National Firearms Act (NFA) item 3, Gun Trusts had been used to satisfy government requirements.
Trusts are considered artificial persons and can exist beyond the lifespan of the Settlor.
Persons listed as “responsible persons” under a gun trust can legally use the items independently of the Settlor. Without a trust, such independent use is illegal.
The trust operates through a Trustee and Successor trustees must be listed.
Successor trustees ensure that someone is available to distribute the assets of the Trust to the Beneficiaries.
There can be any number of Beneficiaries and restrictions may apply. There may be restrictions on moving NFA items across state lines. A person responsible must verify whether that specific type of firearm or other accessory is legal to possess in that state.
For years when a Trust purchased a new NFA item, a copy of the trust was sent to the ATF along with Form 4 for approval along with payment of the $200 tax. Wait times were up to a year.
Recently wait times in 2024 were drastically reduced with online processing.
As of January 1, 2026, as a part of the Big Beautiful Bill that Congress passed, (it will go into effect 90 days after it has been published) and if everything goes as planned the $200 tax is no longer needed to transfer your NFA items over.
Hold your horse since we will not really know until it is actually published and even then, things can change.
Gun owners who value their Spouse and other heirs enough to bequeath them firearms should invest in a quality Trust.
For specific questions, you should consult a qualified attorney.


