Gun Trusts for NFA Firearms: Should You Get One in 2025?

If you're thinking about purchasing a suppressor, short-barreled rifle (SBR), or another item regulated by the National Firearms Act (NFA), you’ve probably heard of something called a “gun trust.” But what exactly is a gun trust, and do you need one?

What Is a Gun Trust?

A gun trust is a legal document, typically a revocable living trust, designed to hold ownership of firearms regulated under the NFA (commonly referred to as Title II weapons). This includes items like:

• Suppressors (silencers)

• Short-barreled rifles (SBRs)

• Short-barreled shotguns (SBSs)

• Machine guns

• “Any Other Weapons” (AOWs)

• Destructive devices (e.g., grenades)

Unlike standard ownership, where only the individual listed on the ATF Form 4 can legally possess the NFA item, a gun trust allows multiple people, called co-trustees—to legally share access. That means family members, trusted friends, or shooting buddies (so long as they’re legally allowed to possess firearms) can also use or store the item without violating federal law.

Why Use a Gun Trust?

Owning NFA firearms as an individual can be surprisingly restrictive. The ATF takes the position that even someone having access to your NFA item, like a spouse at home while you're away, could be considered “constructive possession.” That’s a federal felony if they’re not the registered owner.

With a properly drafted gun trust, you can:

• Legally share possession with others in your trust.

• Avoid probate issues when passing firearms to heirs.

• Appoint successor trustees to manage the trust after you pass.

• Maintain flexibility to add or remove trustees and assets over time.

• Ensure compliance with federal and state firearm laws.

Who Should Consider a Gun Trust?

Gun trusts are particularly useful if:

• You’re married and want your spouse to have legal access.

• You hunt or shoot recreationally with others.

• You’re planning for the future and want to simplify inheritance.

• You value privacy, trusts don’t go through public probate.

• You want to avoid any accidental felonies related to “constructive possession.”

Even if you only plan to purchase one NFA item, a gun trust can simplify legal compliance and give you peace of mind.

How Does It Work?

1. Create the Trust – You (the grantor) set up the trust and designate yourself and others as trustees. All trustees must be legally allowed to possess firearms.

2. Buy Through the Trust – The trust, not you, purchases the NFA item using ATF Form 4.

3. Submit Fingerprints and Photos – All responsible persons (trustees) submit the required documentation during the application.

4. Get Your Tax Stamp – Once approved, your trust owns the firearm. Anyone named as a trustee can legally possess or use it.

5. Maintain Records – Trusts can be updated and amended. Some trust providers offer free lifetime revisions.

What About the ATF Rule Changes?

It used to be that a gun trust allowed applicants to bypass the requirement to get approval from their local chief law enforcement officer (CLEO). That rule changed with the implementation of ATF 41F in 2016. Now, both individual and trust applicants must submit fingerprints and photos, but a trust still provides significant benefits in terms of shared use, estate planning, and liability.

Final Thoughts: Should You Get a Gun Trust?

If you plan to own an NFA firearm and want to ensure that your spouse, child, or trusted friend can also legally possess or use it, a gun trust is a smart move. It's about planning ahead, staying compliant, and avoiding unnecessary legal headaches. While not required by law, many gun owners find that the added flexibility and peace of mind are well worth it.