Ohio Gun Trust Lawyers

Gun enthusiasts are often presented with the dilemma of maintaining the safety of their collection in certain circumstances, such as death. Title II of the National Firearms Act (NFA) allows gun owners to establish a special category of revocable living trust known as a gun trust, which allows owners to transfer ownership of firearms and other devices.

What Is a Gun Trust?

Gun trusts contain specific provisions not generally seen in revocable trusts, which allow you to transfer ownership responsibility to trustees should you become incapacitated, die, or disqualified to own or use certain firearms. Gun trusts are becoming standard among gun enthusiasts, particularly for transferring restricted firearms, which have more than doubled in the past decade.

Do I Need a Gun Trust?

Ohio law does not universally require gun owners to obtain law enforcement approval before selling or transferring firearms. The need for approval is more specific to transferring NFA (National Firearms Act) items, not all firearms. A gun trust allows you to transfer firearms directly and provide notice to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which enforces firearm laws and regulations. Common benefits of gun trusts include:

Gun trusts allow beneficiaries to automatically inherit registered firearms without the need for probate and verifying your intentions to the ATF, both of which occur if you transfer ownership to beneficiaries in your will rather than the trust.
Named trustees are permitted to own and use all firearms registered to the trust rather than a registered individual, which restricts the use of the firearm to the owner exclusively.
Trustees can take immediate possession of your firearms should the executor of your estate die or become incapacitated. The trust structure allows for smooth transitions in ownership, and the firearms remain within the trust’s control.
Gun trusts are generally confidential. However, certain documents related to the trust, particularly those involving NFA items, must be submitted to the ATF.
Trusts protect all trustees from felony charges for unknowingly violating state and federal laws regarding firearms use, transportation, and title transfers.

What Types of Firearms Are Legal in Ohio?

The ATF enforces the NFA and is responsible for reviewing firearms applications and tax collection when firearms are purchased or transferred. In Ohio, legal firearms and devices include:

Short-barreled rifles (SBR) with less than 16-inch barrels.
Short-barreled shotguns (SBS) with less than 18-inch barrels.
Pre-1986 fully automatic weapons firing more than one round without manual reload.
Suppressors and silencers designed to reduce noise and muzzle flash.
Explosives, including bombs, grenades, land mines, large caliber weapons, rocket launchers, mortars, and cannons. However, these are highly regulated and require special licensing.
Any Other Weapon (AOW) or device easily concealed or explosive not included in other firearm or explosive categories.

Taxes to transfer an SBR, SBS, fully automatic weapon, suppressor, or destructive device into a gun trust or for the gun trust to manufacture the weapon is $200. Taxes to transfer an AOW to a gun trust is $5, and $200 for the gun trust to manufacture an AOW.

Are There Ownership Restrictions for Gun Trusts?

Gun trusts do not supersede Ohio laws regarding individuals not legally allowed to own firearms or devices. Per law, residents who cannot possess firearms include but are not limited to:

Residents under age 18 (21 for handguns).
Unlawful users.
Fugitives from justice.
Individuals indicted or convicted for crimes that carry one or more year prison sentences or felonies for illegal drug possession, use, sale, administration, distribution, or trafficking.
Domestic violence convictions, including misdemeanor offenses.
Individuals with drug or alcohol addiction.
Persons diagnosed or institutionalized with a defective mental condition.
Undocumented immigrants.
Individuals with renounced American citizenship.
Dishonorably discharged military servicemembers.
Individuals with active restraining orders.

When planning to transfer firearms to beneficiaries, working with a knowledgeable estate lawyer with specific experience in gun trusts is crucial to ensure all transfers are carried out legally.

Protect Your Firearms with the Ohio Gun Trust Lawyers at Wolterman Law Office

Gun trusts allow you more flexibility in selling or transferring ownership of your firearms before and after death. If you have a firearm collection to preserve, call the experienced Ohio gun trust lawyers at Wolterman Law Office to learn how you can safeguard your collection. Call today at 513-488-1135 or contact us online to schedule a free consultation. Located in Loveland, Ohio, we serve clients throughout Hamilton County, Fairfield, Norwood, and Forest Park.