A gun trust—also known an NFA (National Firearms Act) trust—is a revocable trust created to hold title to or ownership of firearms. A gun trust is organized under the laws of the state indicated in the trust agreement—which is usually the residence of the person creating the trust—also known as the grantor or settlor.

A gun trust is an independent legal entity and is the legal owner of the guns transferred to the trust or purchased by the trust. The trust agreement should name a trustee (person or entity) to manage the trust for the beneficiaries of the trust (often the grantor’s heirs). The trustee is often the grantor during the grantor’s lifetime.

A gun trust is revocable, and the grantor can revoke it or make changes to the trust agreement at any time before the grantor’s death. But at the grantor’s death the trust becomes irrevocable and a successor trustee (named in the trust) manages the trust for the individuals or entities named as beneficiaries.

Gun trusts are also referred to as NFA trusts because they are often created to own firearms subject to Title II of the federal National Firearms Act—including short-barreled rifles, short-barreled shotguns, machine guns, and suppressors. The definition of firearms subject to the NFA is in the United States Code (federal statutes) at 26 U.S.C. §5845.

A well-written gun trust has special rules and provisions to ensure the trustee and the beneficiaries do not violate the NFA, as there are serious potential consequences to violating federal gun laws—whether intentionally or accidentally. Violations may result in loss of the firearms, a prison term of up to 10 years, and fines up to $10,000.

In New York, a gun trust, also known as an NFA trust, is a legal mechanism for holding title to firearms, particularly those regulated under the National Firearms Act (NFA). The trust is established under New York state law and is typically revocable, allowing the grantor to make changes or revoke it entirely during their lifetime. Upon the grantor's death, the trust becomes irrevocable, and a successor trustee manages the firearms for the benefit of the trust's beneficiaries. Gun trusts are used to ensure compliance with the NFA, which includes regulations on certain types of firearms such as short-barreled rifles, short-barreled shotguns, machine guns, and suppressors. These trusts help prevent accidental violations of federal gun laws, which carry severe penalties including fines and imprisonment. It is important to note that New York has stringent gun laws, and some NFA items may be restricted or prohibited in the state. Therefore, individuals considering a gun trust in New York should consult with an attorney to ensure that the trust complies with both state and federal regulations.