Gun Trusts and Florida Law

Posted by CSG Firm on

Gun Trusts in Florida are legal tools that provide a structured and compliant way to own, transfer, and manage firearms, including National Firearms Act (NFA) regulated items. As Florida is home to many firearm enthusiasts and collectors, understanding how Gun Trusts work within the framework of both state and federal law is critical for practitioners and clients alike.

What is a Gun Trust?

A Gun Trust is a revocable or irrevocable trust specifically designed to:

  • Facilitate the legal ownership, possession, and transfer of firearms.
  • Ensure compliance with the National Firearms Act (NFA) for Title II weapons, including suppressors, short-barreled rifles (SBRs), and machine guns.
  • Allow multiple trustees to lawfully possess and use the firearms listed in the trust.

Florida Gun Laws and Gun Trusts

In addition to federal regulations, Florida law imposes its own requirements for firearm ownership and use. Key considerations include:

Firearm Ownership and Possession

  1. Age Restrictions:
    • Must be 21 years or older to purchase a firearm from a licensed dealer, but individuals 18 and older may possess rifles or shotguns under certain conditions.
  2. Eligibility:
    • Florida law prohibits firearm possession by individuals who:
      • Have been convicted of a felony.
      • Have been adjudicated mentally incompetent.
      • Are subject to restraining orders involving domestic violence.
  3. Stand Your Ground Law:
    • Florida’s laws on self-defense are some of the most permissive, potentially making firearm ownership more appealing to residents.

NFA Firearms in Florida

Florida permits the ownership of NFA-regulated items, provided federal regulations are followed:

  • Registration: Firearms must be registered with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and accompanied by approved ATF Forms.
  • Gun Trust Benefits in Florida:
    • Simplifies ownership of NFA items.
    • Avoids issues of individual ownership, such as needing fingerprints and photographs for each transfer.
    • Allows for the legal sharing of firearms among trustees without violating federal law.

Drafting a Florida-Compliant Gun Trust

To ensure the trust aligns with both Florida and federal laws, include the following elements:

  1. Trust Structure:
    • Use a clear, legally compliant format tailored to Florida law.
    • Define trustees, beneficiaries, and successor trustees explicitly.
  2. Provisions for NFA Compliance:
    • Address the storage, transfer, and use of NFA-regulated firearms.
    • Include language permitting amendments to the trust to comply with changes in firearm laws.
  3. Selection of Trustees:
    • Trustees must be legally eligible to own and possess firearms under Florida and federal law.
  4. Distribution Plan:
    • Specify how firearms will be distributed upon the death or incapacity of the settlor (i.e., the person who created the trust and transfers property into it for the benefit of the beneficiaries and whose decisions about how the trust assets are used are usually outlined in said trust).
  5. Storage and Handling Instructions:
    • Detail how and where firearms should be stored to ensure legal compliance and safety.

Key Benefits of a Gun Trust in Florida

  1. Avoid Probate:
    • Keeps firearm transfers out of the public record and streamlines the estate process.
  2. Shared Possession:
    • Allows multiple trustees to use the firearms without violating federal law.
  3. Ease of Transfer:
    • Simplifies the transfer of firearms to heirs while complying with Florida’s inheritance laws.
  4. Preserves Family Legacy:
    • Enables a structured plan for passing down firearms in compliance with the settlor’s wishes.

Potential Challenges

  • Unregistered Firearms: Trust cannot legally manage unregistered or illegal firearms.
  • Trustee Eligibility: All trustees must meet Florida and federal eligibility requirements.
  • State-Specific Restrictions: Some local ordinances may impose additional limitations.

Conclusion

Gun Trusts are an invaluable tool for Florida firearm owners who wish to preserve their collections while ensuring compliance with state and federal laws. With careful planning and a well-drafted trust, clients can achieve peace of mind knowing their firearms will be managed and passed down legally and efficiently.

The foregoing is a brief and very general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.