If you live in a Jacksonville or another city in Florida where the Chief law Enforcement Officer (CLEO) will not or easily sign a Form 4, there are several solutions.
Title II Firearms (sold by Class 3 SOT dealers) include suppressors, , short barrel rifles, machine guns, and other destructive devices.
The most common solution is to create a revocable trust to hold title to the firearm or class 3 items you desire to purchase. There can be many problems with a typical revocable trust and firearms. Its best to use a Firearms Trust or NFA Gun Trust
A Gun Trust, Firearms Trust, Limited Liability Company, or Florida S Corporation is a legal entity established under state law. For NFA purposes many individuals prefer the a Revocable Trust over a corporation or LLC because it is less expensive to operate and provides privacy. Florida Business entities typically cost $150 a year for the state filings in addition to the cost of a CPA to prepare and file the federal filings. In addition, Florida Trusts don’t require any disclosure or public filings. The lack of any required filings means, the only people who know the terms of the trust are those you choose to tell.
Although most Florida Revocable or Living Trusts can hold firearms or other class 3 items, many are not properly setup to deal with the issues involving firearms and other items which are regulated by the National Firearms Act (NFA). If the NFA is violated, the owners are subject to criminal penalties, substantial fines, and forfeiture of not only the class 3 items in question but all firearms in the possession or ownership. ($250,000 penalty, 10 years in prison, and forfeiture of items)
The gun or firearms trust must give the Trustee instructions and special powers so that they can legally manage for unplanned events. Weapons and other assets in a Firearms Trust can not be distributed like other assets upon the death or incapacity of the person who placed the items in the trust(The Grantor or Settlor).
The Trustee needs to be careful in their management of the revocable trusts for NFA purchases. A properly created trust for obtaining and holding Firearms is a complicated document and caution is advised to any individuals who would attempt to use a standard or form trust. A licensed Florida Estate Planning attorney should review any trust prior to the acquisition or transfer of regulated items. In addition, if you have a Florida Gun Trust that was not prepared by an attorney you should have it reviewed to provide clear instructions to the trustee on the handling of these regulated items to avoid unnecessary fines, forfeiture and criminal charges that can be associated with the ownership or transfer of items through improper documentation.
Find a lawyer who has expertise in living trusts including those dealing with Firearms regulated by the National Firearms Act. They must understand that every client’s goals with a Gun or Firearm Living Trust are different. Some individuals are interested in asset protection, some in ownership, and some in both.
For more information on your state visit GunTrustLawyer.com