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Trust vs. individual
The honest version: for most people buying one suppressor, an individual filing is simpler and cheaper, and the old reason to use a trust stopped being true in 2016. A trust is still the right answer for a specific set of people — and it is worth knowing whether you are one of them before you file.
Where we stand, updated October 9, 2026. On October 9, 2026 ATF published an Open Letter and FAQs saying it will no longer enforce the requirement to get ATF approval before making or transferring — or to register — suppressors, short-barreled rifles, short-barreled shotguns and “any other weapons.” ATF applies this to everyone, not only the parties to the lawsuit, and calls it enforcement discretion.
We have changed our process to match. For those four categories we now transfer on a completed ATF Form 4473 and a NICS background check. No Form 4. No tax stamp. No waiting for an approval that is no longer required.
What has not changed. Machine guns and destructive devices still carry the $200 tax and the full NFA process, with no exceptions. A Form 4473 and a NICS check are still required on every transfer — ATF’s FAQ says so in terms. You still have to be legally allowed to possess a firearm. Our own five business day wait still applies to buyers without a Florida concealed weapon license; that is our policy, not a legal requirement, and we are keeping it. And this is federal — it does not change state or local law.
If you would rather have the paperwork, ATF still accepts and approves Form 1 and Form 4 applications from anyone who wants to register voluntarily. Say so and we will file it for you.
This could change back. ATF has said that material changes in legal or factual circumstances could cause enforcement to resume — a new tax from Congress, the injunction being dissolved or overturned, or the Department rescinding the guidance. We will update this page if that happens, and we date every revision. Read ATF’s guidance and FAQs · read the Open Letter.
Read this first, as of October 9, 2026. For suppressors, SBRs, SBSs and AOWs there is now no registration to put anything into, so for most people this question has gone quiet. It still matters for machine guns, which are unaffected, for estate planning, and if you choose to register voluntarily. The rest of this page is written for those cases.
The short version. A trust does not make approval faster. It does not dodge fingerprints, photographs or the background check. What it buys you is who else may legally possess the item and what happens to it when you die. If neither of those matters to you, file as an individual.
What changed in 2016, and why the old advice is wrong
Before July 2016, a trust filing skipped fingerprints, photographs and the chief law enforcement officer sign-off that individuals needed. That was a real and large advantage, and it is why every forum thread older than a decade tells you to get a trust.
ATF Rule 41F ended it. Since 13 July 2016, every responsible person on a trust submits their own fingerprints, their own photograph and a Form 5320.23, and the CLEO is notified for each of them. The individual filing lost its disadvantage at the same time — the CLEO step became notification rather than approval for everybody.
Net effect: a trust is now the same amount of work as an individual filing, or more. If you name three co-trustees, that is three sets of prints and three chances for a rejection to hold up the whole submission.
If someone tells you a trust is faster, they are quoting advice that expired in 2016. Ask them when they last filed one.
Side by side
| Individual | Trust | |
|---|---|---|
| Who may possess it | You alone | Any responsible person named |
| Prints and photo from | You | Every responsible person |
| Cost to set up | Nothing | An attorney's fee |
| On your death | Form 5 to the heir | Nothing transfers — the trust still owns it |
| Adding someone later | Not possible | Amend the trust |
| Best for | One owner, one shooter | Spouses, families, estates |
A corporation or LLC can hold NFA items too, and the mechanics are close to a trust — every responsible person files. In practice it is only worth it when the entity already exists for other reasons, because an LLC carries annual filings and can be administratively dissolved. Nobody wants to inherit an item registered to a company that no longer exists.
Possession is the real question
An NFA item registered to you individually may only be possessed by you. Not "mostly by you." Not "by my wife, who lives here." Possession in this context includes having independent access to it — a shared gun safe your spouse knows the combination to is the classic way people create a problem without realising.
Two lawful arrangements exist:
- You are present and it stays under your control. Handing a friend your can at the range while you stand there is fine. Leaving it with him while you go to the truck is not.
- The other person is a responsible person on the registration. That is what a trust is for.
Get this wrong and it is not a paperwork error — unlawful possession of an unregistered NFA item is a federal felony, and the person holding it is the one exposed.
When a trust is worth the money
- Your spouse or adult child will handle it without you there. This is the most common good reason, and on its own it is enough.
- You want it to pass cleanly when you die. A trust does not die. The successor trustee takes over and no transfer occurs, which spares your family a Form 5 and a wait at the worst possible time.
- You expect to accumulate several items. One trust covers all of them. The attorney's fee amortises.
- You share a safe. See above.
- You want privacy in probate. A trust generally is not a public probate record the way a will is.
When it isn't
- You are the only person who will ever touch it. File as an individual. You are buying paperwork you will not use.
- You are buying one can and want it soon. Every extra responsible person is another set of prints that can be rejected.
- You found a free trust template online. See the next section.
What a trust does not do
- It does not speed up approval. Covered above, and worth repeating because it is the single most persistent myth in this subject.
- It does not avoid the background check. Every responsible person is checked.
- It does not let a prohibited person possess anything. Naming your brother with a felony conviction as a co-trustee does not launder his disqualification — it creates a new offence for both of you.
- It does not hide anything from ATF. The trust document itself is submitted with the application.
- It does not make an item legal where the item is banned. State law does not care what entity holds the registration.
- It does not let you skip state law. Florida's rules are on the Florida NFA page.
On free and $50 online trusts: a gun trust is a trust, which means it is governed by the trust law of your state, and a generic template is not drafted with Florida trust law or your family in mind. We have seen submissions held up by trusts that named a "trustee" who was never given the power to hold property. We are not attorneys and we do not draft these — but we will tell you plainly that this is a place where cheap gets expensive, and we can point you at people who do it properly.
Responsible persons, defined
A responsible person is anyone who can direct the management and policies of the trust with respect to the NFA firearm. In practice that is the settlor and any co-trustee. Each one submits:
- ATF Form 5320.23 — the responsible person questionnaire
- A digital fingerprint file (.EFT)
- A passport-style photograph
- A copy of the 5320.23 to their own chief law enforcement officer — notification, not permission
A beneficiary who has no power over the item while you are alive is generally not a responsible person and files nothing. That distinction is where most trust drafting errors happen, and it is another argument for having one drawn up rather than downloaded.
Does the August 2026 court ruling change this?
For some people, yes — and in an unexpected direction.
On 5 August 2026 a federal court in the Northern District of Texas held the NFA's registration and approval requirements unconstitutional as applied to suppressors, SBRs and SBSs now that the tax on them is $0. The relief reaches the plaintiffs, the members of the organisations that sued and the customers of the companies that sued — not the general public. For someone who is covered, buying a suppressor now runs on a Form 4473 and a background check, with no registration at all.
If there is no registration, there is nothing for a trust to be named on. That does not make the possession question go away — it changes it. An unregistered but lawfully possessed can raises its own questions about who may hold it and how you prove it was lawfully acquired. ATF has also said enforcement could resume if circumstances change, so this rests on a policy rather than on an amended statute.
What we tell people now: if you were going to set up a trust anyway for the estate reasons, do it — those reasons have nothing to do with how any of this lands. For a suppressor bought over our counter today there is no registration and so nothing for a trust to attach to. Where a trust still earns its keep is machine guns, which this did not touch, and voluntary registrations, which we will still file for you on request.
Common questions
Can I move an item I already own into a trust?
Yes, but it is a transfer from you to the trust, which means another Form 4 and another approval. On a suppressor the tax on that transfer is now $0, which makes it far less painful than it used to be — but it is still a wait. Deciding before the first filing saves you doing it twice.
Can I add someone to a trust after approval?
Yes. Amend the trust and the new co-trustee becomes a responsible person. You are not re-filing the item, though ATF should receive the updated documentation. Ask the attorney who drafted it — this is exactly the sort of thing a template will not tell you.
Does a trust protect my items from being confiscated if the law changes?
No, and be sceptical of anyone selling one on that basis. A trust is an ownership structure, not a shield against a future statute.
My children are the beneficiaries. Do they need prints?
Not if they have no power over the firearm while you are alive. Minor beneficiaries never do. The test is authority over the item, not who inherits it.
Can a single-member LLC hold NFA items?
It can, and some people do it when the entity already exists. The downside is that an LLC has annual filings and can be administratively dissolved — and an item registered to a dissolved entity is a problem nobody wants to inherit. For personal ownership a trust is usually the better tool.
Which do you recommend?
We do not have a house answer, because the right one depends on your household rather than on the item. Tell us who else will handle it and what you want to happen to it eventually, and the answer usually becomes obvious in about two minutes.
Working out which route fits? Email Aaron@burntofferingsdefense.com. We will tell you what we would do in your position, including when the answer is "you do not need a trust." Appointments only, no walk-ins.
General information from a licensed dealer, not legal advice. Federal, state and local law changes — and in 2026 it is changing faster than usual. Confirm the rules in your own jurisdiction, and confirm the current status of any court order, before you buy. Last reviewed 3 September 2026.