Gun Trusts FAQs

Here are the answers to some common questions people have about gun trusts. We would be happy to answer specific questions you have. Contact Udoka Law, PC, to schedule an appointment with an attorney experienced in setting up gun trusts.

What is a gun trust?

In general, a trust allows a third-party trustee to hold (almost) any asset on behalf of a beneficiary or beneficiaries. In gun trusts, the grantors, or owners, allow trustees to hold weapons on behalf of named beneficiaries. When a gun trust is used to register a National Firearms Act (NFA) Title II weapon, each person named in the trust as a grantor, trustee, or beneficiary may have possession and control of the weapon, depending on their preferences.

Can I own an NFA firearm in Oklahoma?

Yes! Oklahoma does not prohibit the ownership of regulated firearms, provided you meet certain requirements and follow the proper procedures.

What are the penalties if I don't comply?

Failure to comply with state and federal requirements and procedures can lead to fines or even incarceration.

Can I share my NFA item if I supervise its use?

Yes! This is not a "transfer of possession" under the NFA. However, the item must never leave the sight of the owner and must be returned to the owner as soon as the other party is finished using and/or examining the item.

Can I transfer my NFA item?

Only if a regulated weapon has been previously registered may it be transferred lawfully.

Can I make a family member a co-owner of the trust?​

A proper gun trust can make an adult child, family member, or friend a co-owner of the trust. The trust is the registered owner of the firearms, and no transfer takes place under the NFA when you change the trustees or beneficiaries of the trust.

Can I keep my gun trust confidential?

You do not file the gun trust with any state or municipal government or other law enforcement entity except the ATF and your CLEO. If a gun trust purchases an NFA Title II item, a copy of the trust itself must be filed when the transfer and tax stamp are requested, but only your trust name shows up on the tax rolls of the ATF. Since it is a tax-related filing, it is exempt from most subpoenas and public records requests.

Ask Us Your Questions

More questions? We have answers. Call Udoka Law, PC, at 405-293-8024 or send us an email. We offer free consultations.