What Kind of National Firearms Act (NFA) Firearms and Devices are Allowed in Montana?
Montana residents are allowed to use and possess the following types of NFA firearms and devices:
Silencers (also known as suppressors or mufflers) are devices attached to or part of a barrel of a firearm or air gun that reduces audible noise and visible muzzle flash. A $200 tax is required to be paid to the ATF to transfer a silencer into your Montana gun trust or for your Montana gun trust to manufacture a silencer.
Short-barreled rifles (also known as SBRs) are rifles with a barrel length of less than 16 inches. A $200 tax is required to be paid to the ATF to transfer an SBR into your Montana gun trust or for your Montana gun trust to manufacture an SBR.
Short-barreled shotguns (also known as SBSs) are shotguns with a barrel length of less than 18 inches, A $200 tax is required to be paid to the ATF to transfer an SBS into your Montana gun trust or for your Montana gun trust to manufacture an SBS.
Machine guns (also known as fully-automatic weapons) are firearms that shoot, are designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading by a single function of the trigger. Civilians are only allowed to use and possess machine guns that were manufactured on or before May 19, 1986. A $200 tax is required to be paid to the ATF to transfer a machine gun into your Montana gun trust.
Destructive devices include explosive devices, such as bombs, grenades, or mines, and large caliber weapons, such as rocket launchers, mortars, and cannons. A $200 tax is required to be paid to the ATF to transfer a destructive device into your Montana gun trust or for your Montana gun trust to manufacture a destructive device.
Any Other Weapons
Any Other Weapons (also known as AOWs) weapons or devices capable of being concealed on the person from which a shot can be discharged through the energy of an explosive. Most of the time, an AOW is a firearm or device that does not fit easily into another category. A $5 tax is required to be paid to the ATF to transfer an AOW into your Montana gun trust, and a $200 tax is required to be paid to the ATF for your Montana gun trust to manufacture an AOW.
What are the Advantages of a Montana Gun Trust?
Montana gun trusts provide important advantages to owners of NFA firearms, including:
All Co-Trustees Can Use and Possess the NFA Firearms Registered to the Montana Gun Trust
NFA firearms registered to a Montana gun trust can be used and possessed by more than one person. The settlor of a Montana gun trust can add or remove persons who are allowed to use and possess the NFA firearms throughout his or her lifetime.
NFA firearms registered to an individual resident of Montana can only be used and possessed by the registered individual during the individual’s lifetime.
NFA Firearms are Inherited by the Beneficiaries
NFA firearms registered to a Montana gun trust pass to the beneficiaries of the gun trust outside of the probate process according to the terms and conditions of the gun trust agreement prepared by the settlor.
NFA firearms registered to an individual resident of Montana pass to their beneficiaries according to the terms of the individual’s last will and testament, which is probated in a probate court and provided to the ATF during the transfer process so the executor can prove to the ATF that the individual intended to transfer the NFA firearms to the beneficiaries. This can be both slow and expensive.
Gun Trusts Protect Your NFA Firearms Upon a Determination of Incompetency
NFA firearms registered to a Montana gun trust can be protected if the Settlor is later deemed to be incompetent, since any co-trustee can take possession of the NFA firearms to hold them on behalf of the Settlor. As a result, the Settlor will retain the ability to either direct that the NFA firearms be sold and the cash returned to the Settlor, or that the NFA firearms continue to be held in trust for the beneficiaries to inherit when the Settlor dies.
NFA firearms registered to an individual resident of Montana who is later deemed to be incompetent are subject to confiscation by the ATF immediately, since it is illegal for any other individual to take possession of the registered individual's NFA firearms during the individual's lifetime.
Montana Gun Trust Drafted by a Gun Trust Attorney
Our Montana "do-it-yourself" gun trust was prepared for us by Jim Willi, a very experienced gun trust attorney who has prepared gun trusts for thousands of law-abiding gun owners, collectors, hunters, and competition shooters. He is the gun trust attorney recommended by many of the largest and most successful Class 3 dealers in the United States.
If you want a "do-it-yourself" Montana gun trust that is not simply a generic revocable living trust form being passed off as a gun trust, you have found the right place. Go with the Guru!
Montana NFA Gun Trust
Sale - $79.95
Drafted by an experienced gun trust attorney
Designed to hold both NFA and non-NFA firearms
No Schedule A disclosing your inventory of firearms to third parties
Appoint as many additional co-trustees as you want at any time
Personalized, state-specific provisions for Montana residents
Delivered to you by email instantly
Your Gun Trust in Minutes
Step 1 - Identify the Settlor and Initial Trustee
Enter your full legal name (first, middle, and last) as it appears on your driver's license, and your state and county of residence.
Step 2 - Identify the Beneficiary or Beneficiaries
Enter the full legal name (first, middle, and last) of the person or persons who will be entitled to inherit the gun trust property when you die.
Step 3 - Identify the Successor Trustee or Trustees
Enter the full legal name (first, middle, and last) of the person or persons who you want to become Trustee or Co-Trustees of your gun trust to manage the gun trust property after you die.
Step 4 - Pay with Your Debit or Credit Card
Enter your debit or credit card into our secure online ordering system.
Step 5 - Check Your Email
Your personalized, attorney-drafted, state-specific gun trust will be prepared and emailed to you within minutes.
We work hard to provide our gun trust customers with a great "do-it-yourself" gun trust. But don't just take our word for it. See what our Gun Trust Guru customers are saying!
Gun Trust Comparison
Our gun trust is significantly different from the "traditional gun trust" form sold by Silencer Shop.
Designed Specifically for Firearms
Our gun trust was designed from the ground up by an experienced gun trust attorney to address issues relating to the use, possession, and transfer of firearms.
Their form is a generic living revocable trust form that never includes the words "firearm," "gun," "weapon," "National Firearms Act," "NFA," "Gun Control Act," "GCA," or any other words that would remotely indicate that their form is a gun trust.
Holds Any Type of Firearm
Our gun trust is designed to hold NFA firearms and non-NFA firearms. We even provide you with the form that you can use to assign any non-NFA firearms that you would like to include in your gun trust. This is very useful if you would like to convert one of your pistols or long rifles to a short-barreled rifle.
Their instructions state that their "form" should not be used for non-NFA firearms.
No Schedule or Inventory of Firearms Provided to Outside Third Parties
Our gun trust is specifically designed to protect your privacy relating to your ownership of firearms. When a third party, such as a gun shop employee or the ATF sees our gun trust, the only property that they can determine is included in our gun trust is $1.00.
Their form includes a Schedule A and an Inventory of Trust Assets for listing all firearms in the trust and for disclosing a detailed list of the firearms to all third parties who see a copy of the trust.
Appoint Co-Trustees Anytime Without Amending Your Gun Trust
Our gun trust is designed so that you are the only person who needs to sign the gun trust in front of a notary to establish your gun trust, which means that you can buy your NFA firearm from your Class 3 dealer immediately. After your gun trust is created, you can use another form that we provide to you to appoint additional co-trustees anytime (so that they can use and possess your NFA firearms) without needing to amend your gun trust or paying an attorney to amend your gun trust. Further, you can appoint additional co-trustees either as long-term trustees or as short-term trustees (such as while you and a friend are on a hunting trip).
Their form requires you and all of your other co-trustees to sign the form in front of a notary before your trust is created. After your trust is created, you must amend your trust each time that you want to appoint an additional co-trustee.
Remove Co-Trustees Anytime Without Amending Your Gun Trust
If you appoint an additional co-trustee, you can use another form that we provide to you to remove an additional co-trustee anytime without needing to amend your gun trust or paying an attorney to amend your gun trust.
Their form does not provide a document that you can use to remove a co-trustee.
Intelligent Beneficiary Designation Options
Our gun trust was designed so you can specify anywhere from one to six primary beneficiaries who will be entitled to inherit your firearms when you die. Our gun trust is also designed so you can specify anywhere from one to six secondary beneficiaries who will be entitled to inherit your firearms when you die, if none of the primary beneficiaries are alive when you die. This makes it simple to specify, for example, your spouse as the primary beneficiary and your children as the secondary beneficiaries, or vice versa.
Their form provides for one primary beneficiary and one alternate beneficiary.
Successor Trustee Designation Options
Our gun trust is designed so you can specify anywhere from one to six successor trustees who you would designate to be allowed to step up and become trustees if, for some reason, your gun trust lost all of its trustees, and there was nobody allowed to use and possess your NFA firearms. This makes it simple to provide, for example, your beneficiaries permission in advance to be allowed to take legal possession of your firearms after your death.
Their form does not provide for successor trustee designations.
Specific Guidance about Trustee and Beneficiary Qualifications
Our gun trust provides specific guidance regarding who can and cannot be allowed to use and possess, as well as inherit, your firearms by including a detailed listing of the categories of persons who are not allowed to receive, possess, ship, or transport firearms or ammunition under Federal law, as well as the minimum age to possess NFA firearms in your state. This information is included in our gun trust so that you, your additional co-trustees, and your beneficiaries do not commit felonies inadvertently.
Their form does not provide any specific guidance other than a vague statement that any trustee or beneficiary "who is not legally eligible to possess" any trust asset cannot serve as a trustee or inherit.
Cheaper, Faster Backup Plan
Our gun trust is designed so that, in the event none of your beneficiaries survive the Settlor, your firearms will be distributed to your heirs. This would require the payment of only one transfer tax for each NFA firearm at that time. Further, it does not rely upon the existence or terms of any other legal document.
Their form states that, in the event none of your beneficiaries survive the Settlor, your firearms will be distributed to your estate. This means that the trustees will be required to pay a transfer tax for each NFA firearm at that time to transfer the NFA firearms to your estate. Then a second transfer tax (and its associated waiting period) must be paid for each NFA firearm to transfer the NFA firearms to the beneficiaries of your will (assuming there is one).