NFA Trusts

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I offer a comprehensive NFA Trust instrument customized to your needs for a flat-fee of $100 which includes free updates, changes, and questions.

If you are already familiar with the benefits of an NFA Trust, then click here to submit the required information or feel free to contact me with any questions.

If you are not sure why you might want to use a trust to start your NFA collection, then I hope I can help answer your questions.

Why Should I Use an NFA Trust?

I am often asked why a person would need or want to form a trust in order to acquire NFA items rather than simply acquiring them as individuals.  I will try to answer this question by discussing the many benefits an NFA trust provides.

Avoidance of Probate

From an estate planning perspective, having your NFA assets in a trust allows them to avoid probate and pass seamlessly to your beneficiaries tax-free on a Form 5.

Ability to Use Expedited Probate on Your Regular Estate

In Virginia, there are special proceedings for small estates that allow heirs or decedents to avoid formal probate proceedings (see § 64.2-601 and  § 64.2-601).  However, in the ATF guidance regarding estates containing individually-owned NFA items, we see this:

“For registered NFA firearms in the estate, the executor should take action as soon as possible to arrange for the proper registration of the firearms. Possession of an NFA firearm not registered to the possessor is a violation of Federal law and the firearm is subject to seizure and forfeiture. However, we do allow the executor a reasonable time to arrange for the transfer of the registered firearms in a decedent’s estate. This generally should be done before probate is closed.

Since Form 4 and Form 5 transfers are currently taking a minimum of 9 months (and in some cases more than a year), having an individually-owned NFA item in your estate would make it difficult or impossible to take advantage of these expedited processes.

Provide for Transfer to Minors

If any of the beneficiaries are under the age where they may legally possess the NFA items, then the trust will continue to hold the assets until such time as the beneficiary may legally take possession.

Provide Contingencies in Case a Beneficiary Becomes a Prohibited Person

In addition, the trust contains instructions on how a successor trustee is to handle beneficiary distribution in the case that one of more beneficiaries becomes a disqualified person.

Avoid Being Required to Qualify an Executor in Some Cases

Virginia does not generally require an Executor or Administrator to be qualified if the estate is $50,000 or less.  However, if the estate contains an individually owned NFA item then you will have to go through the process in order for the Executor to have the necessary powers to transfer the items to heirs.

Asset Protection Benefits

That brings us to our next benefit.  People often forget that, if not handled very carefully, NFA items can easily become contraband when held by an individual who passes away or becomes a disqualified person.  And when an NFA item becomes contraband, it can never again be legally transferred; the value of the item is simply lost.

By holding your NFA items in a properly formed trust that is specifically focused on the protection of the assets in the trust, you insure that the value of your items is protected for your beneficiaries.

Expanded Usability of Your NFA Item

And let’s not forget about the fun of actually using your NFA items.  Under a strict reading of the law, you place yourself and others in legal jeopardy if an individual owner allows someone else to possess their NFA items.

However, when a properly structured trust owns the NFA items, all current trustees may possess them.  Trustees may also designate those they shoot with as temporary beneficiaries.  This allows the trustees to permit those temporary beneficiaries to use the NFA item while in their presence.

I also offer a flyer which outlines the benefits in a concise one-page format.

Do You Offer Support After the Trust is Completed?

Absolutely!  In addition to the initial development of the trust, the $100 flat fee gives you access to the following support services free of charge:

  • I will add or remove trustees and beneficiaries for you at any time.
  • I will assist you in completing Form 4’s or Form 20’s.
  • I will assist you with eForm submissions.
  • I will keep your Schedule of Assets up to date.
  • I will answer any questions you might have about NFA regulations.

I am Ready to Get Started!

If you are interested in an NFA trust, please submit my NFA Trust Questionnaire and I will contact you to complete the process.

Note:  I am currently only licensed to practice law in Virginia and therefore, I can only develop trust instruments for clients in Virginia.

What previous clients are saying

5 star review  Spoke by phone only. Listened very well and referred us to another attorney who handles such cases as he did not. Very thankful for his referral! Remain well Mr. Pierce!

thumb D. Colbert
August 30, 2021

5 star review  I contacted John under the impression I had no gun rights hoping he could restore them, thru his enthusiasm and wisdom of the nuances in the world of firearms, John before I had even paid him a dime did some legwork and found my gun rights we're still intact. So before I even gave him a dollar he had already proven himself as an attorney and a gentleman. After that I had him deal with the state police to avoid any dicey situations that could arrive from me purchasing a firearm and cost me my job as a nuclear professional, and for a reasonable fee which I was happy to pay as he had already done so much without fee. I would highly recommend John for any matter you might need because he is the type of man who defines what it means to go the extra mile!

thumb Archer Clarke
January 20, 2019

5 star review  This fella helped me, and helped me quickly. I’ve never seen an attorney get so much done in so little time. I know all cases aren’t the same, but when I want something done I want it done quickly then on to the next, and that’s what Mr Pierce did. I hope not to need him again, but if I do, I won’t hesitate in calling him. Thanks again..

thumb Upaginit 101
January 30, 2019

5 star review  John is fantastic. He's very responsive to emails, phone calls, etc. His rates for what you get are a fantastic value. I recommend him for his services to customers all the time.

thumb sonofvirginia
November 30, 2021

5 star review  Working with Mr Pierce was a wonderful experience! He was easily accessible, easy to talk to, and very knowledgeable. I researched several “firearms attorneys” and found Mr Pierce’s knowledge to be far above the rest. I would highly recommend working with him!

thumb K M
January 30, 2022