Can I create an NFA Trust using “Willmaker” or another software program or obtain one from on line vendors such as Legal Zoom?
Using “generic” software or on line document providers compounds the problems of trying to use most revocable trusts to hold firearms. Example: People have attempted to set up trusts which were later determined by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“BATFE”) to be invalid. Since no trust was ever created, the purchase by, or transfer to, the trust of the NFA weapons violated the National Firearms Act. The penalties can be severe. Forfeiting the weapons is only the beginning. Individuals who run afoul of the NFA can be subjected to fines of up to $250,000 and 10 years in prison.
