The Florida Estate Planning and Probate Law Blog is focused on recent federal and state case law and planning ideas.

GUN TRUSTS – A THING OF THE PAST?

Effective July 13, 2016, Final Rule 41-F (the “Rule”) of the National Firearms Act (“NFA”) eliminated the loophole which allowed the making or transferring of a firearm, without a background check, through a Gun Trust. The Rule now requires all individuals, including those utilizing a Gun Trust, to adhere to the same identification and background check requirements and obtain local police chief approval to purchase an NFA firearm (short barrel shotgun or a silencer, etc.). The Rule specifically provides that the “responsible person” of a Gun Trust must now file new forms and submit photographs and fingerprints when the Gun Trust files an application to make or transfer an NFA firearm.