What are NFA firearms? The National Firearms Act defines NFA weapons as: machine guns, sound suppressors (a.k.a. silencers), short barreled rifles, destructive devices and “any other weapons.”

A machine gun is any gun that can fire more than one shot with a single pull of the trigger.  Civilians may own and use machine guns, but only machine guns manufactured and registered with the ATF prior to May 19, 1986 are eligible for transfer. The Federal tax is $200.

A silencer or suppressor is any device for muffling the gunshot of a portable firearm, or any part or parts exclusively designed or intended for such a device.  The Federal tax is $200.

A short barreled rifle is a rifle, which is defined as a shoulder fired, rifled bore firearm with a barrel length of less than 16″, or an overall length of less than 26″, or any weapon made from a rifle falling into the same length parameters (like a pistol made from a rifle). The Federal tax is $200.

A short barreled shotgun is a shotgun which is defined as a shoulder fired, rifled bore firearm with a barrel length of less than 18″, or an overall length of less than 26″. The Federal tax is $200.

Any other weapons (AOWs) are, for example, smooth bore pistols, any pistol with more than one grip, gadget type guns (cane guns or pen guns) and shoulder-fired weapons with both rifled and smooth bore barrels between 12″ and 18″.  The Federal tax is $5 unless you are creating one.  In that case, the Federal tax is $200.


Individuals may purchase and own these items. However, creating a legal document called a trust helps to avoid many issues upon death and use. Trusts allow more flexibility in ownership and ease in passing down your collection of NFA items.  Even if you see little need for a trust at this point, placing your items in a trust now will allow you to adapt to future situations such as children, divorce, death, or moving to a different state. Think of a trust as a small company that you control, giving you the power to choose what assets are owned by your company and what role each person plays.

Many have heard rumors that the 2016 changes in the BATFE procedures for handling trusts have negated the need for NFA trusts.  However, trusts are just as effective now as they were before ATF Ruling 41F and they allow a level of flexibility that cannot be obtained without an NFA Trust.

  • A trust allows multiple users to use and possess your NFA items

  • A trust appoints beneficiaries for seamless inheritance of the items

  • My trust allows the end user to repeatedly edit the schedule privately and at will

  • A trust assists the creator while residing in a different state or while in the military

  • A trust will save your family thousands of dollars in attorney fees after your death

  • My trusts all include free, lifetime legal support, seven days a week


I offer an affordable solution to the typically expensive NFA Gun Trust.  I will happily answer any questions you have and aid you in selecting your beneficiaries and trustees. In addition, I offer full support throughout the life of your trust and will assist you in amending your trust as your needs and life situations change. I have thousands of successful NFA and firearms trust clients. You’ll be hard pressed to find anyone unhappy with their choice to create a firearms trust through my office.

Call me anytime with questions or to set up your trust in minutes, no matter your location.

My service is streamlined and I can create your trust via phone, email, or in person with a low, flat fee.

Contact me at 708.307.7973 anytime or email me at [email protected].  One big difference between me and the big firms? I’ll answer the phone, even on weekends.  And you won’t have a big bill to pay.


Standard Firearms Trusts are available at a small, additional cost, but their benefits are huge.  They can  be set up even if you have no need for an NFA Firearms Trust.

  • Lower estate fees from attorneys upon death, as anything protected and “in trust” is not subject to probate or attorney fees

  • Easy passing down of firearms and collectibles to beneficiaries

  • Protection of items to young beneficiaries of any age, no matter when you pass

  • Private transfer of firearms upon death

  • Limited court involvement upon death with no appraisals or inventories

  • No ATF or State/Court records or knowledge of the Trust’s contents

  • Place guns, ammo, safes, optics, reloading equipment, bank accounts, and gold/silver into this trust to help lessen the probate estate total and greatly minimize attorney fees after death (Typically 4% of the first $100,000 of your net worth)

Marc Halata

Attorney At Law

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