Many people believe that private ownership and use of machine guns, silencers, short shotguns, and other such firearms are prohibited by law. This is not so.
Since 1934, these firearms have been restricted by provisions of the tax code that are collectively referenced as the "National Firearms Act" or "Title II" of the federal firearms laws. Although purchasing these items is more complicated than buying Title I firearms like handguns, rifles, and shotguns, most people who are legally eligible to purchase a handgun can also legally own and possess Title II firearms. These firearms may be transferred and registered to individuals, trusts, and a variety of business entities.
Using a gun trust to acquire and register NFA-regulated items provides a number of advantages under current laws and regulations,* including the ability to safely allow family members to use and possess them, enhanced privacy, and an estate plan that provides guidance for your loved ones in the event of your death or incapacity.
Dick Clark Law provides affordable, customized revocable trusts specifically designed for clients in Nebraska who are seeking to acquire items regulated by the National Firearms Act.
*Regulations that became effective on July 13, 2016 changed the requirements for applying to make and transfer NFA firearms. Ask your attorney for more details.
What NFA firearms can I buy?
Machine Guns: transferable, fully automatic firearms registered with ATF before May 1986
Silencers: devices that are designed to suppress the muzzle noise of a firearm
Short-barreled Rifles: rifles with a barrel shorter than sixteen inches
Short-barreled Shotguns: smoothbore firearms with a shoulder stock and a barrel shorter than eighteen inches
Destructive Devices: firearms larger than .50 caliber, including some shotguns; explosive devices
Any Other Weapon: smooth-bore pistols, disguised or hidden firearms, and others
For more information on the National Firearms Act and ATF regulations pertaining to NFA firearms, see ATF's National Firearms Act Handbook.