Utah NFA Gun Trust: Complete Legal Guide (2026)
If you own—or are considering purchasing—a silencer, short-barreled rifle (SBR), short-barreled shotgun (SBS), or other Title II firearm, you are dealing with the National Firearms Act (26 U.S.C. Chapter 53).
In Fiscal Year 2024 alone, the ATF processed over 1.17 million NFA applications and collected more than $145 million in tax stamp revenue. That volume reflects one reality: NFA compliance is serious, technical, and highly regulated.
A properly drafted Utah NFA Gun Trust can help Utah families lawfully own, manage, and transfer these regulated firearms.
At LegacyGuard Legal, we assist Utah families with flat-fee NFA trust planning integrated into comprehensive estate planning.
What Is an NFA Gun Trust?
An NFA Gun Trust is a revocable trust created under the Utah Uniform Trust Code (Utah Code Title 75) that legally owns firearms regulated under the National Firearms Act.
Instead of registering an NFA item in your individual name, the item is registered to the trust.
Common NFA firearms include:
• Silencers (Suppressors)
• Short-Barreled Rifles (SBRs)
• Short-Barreled Shotguns (SBSs)
• Machine Guns (pre-1986 transferable only)
• Any Other Weapons (AOWs)
• Destructive Devices
How ATF Rule 41F Changed NFA Trusts
Since 2016, ATF Rule 41F requires that all “responsible persons” of a trust:
• Submit fingerprints
• Submit a photograph
• Complete ATF Form 23
• Notify their local Chief Law Enforcement Officer (CLEO)
A trust does not eliminate background checks. However, it can provide significant estate planning and management advantages. It can also protect individuals from inadvertently committing a federal crime by improperly possessing or providing access to an NFA-regulated item.
Benefits of an NFA Gun Trust
• Shared lawful possession when properly structured
• Integration with estate planning
• Incapacity planning through successor trustees
• Structured compliance to reduce accidental violations
• Long-term collection management across generations
How to Set Up an NFA Gun Trust in Utah
Step 1: Draft a compliant trust with a LegacyGuard Legal attorney experienced in NFA and trust law.
Step 2: Legally execute the trust under Utah law.
Step 3: Apply through ATF:
• Form 1 – Manufacturing an NFA item
• Form 4 – Transferring an NFA item
Step 4: Submit “responsible person” documentation (Form 23, fingerprints, photograph, CLEO notice).
Step 5: Wait for ATF approval before possession.
Common Mistakes to Avoid
• Using generic online trusts
• Adding trustees without understanding “responsible person” rules
• Allowing unauthorized possession of an NFA-regulated item
• Failing to update the trust after life changes
• Ignoring interstate transport requirements
Frequently Asked Questions
Do I legally need a trust to own NFA firearms?
No. Individuals may register NFA items directly in their own name. A trust is optional but often beneficial, especially if you want to share use of the item.
Does a trust eliminate the $200 tax stamp?
No. Each NFA item requires the applicable tax stamp. But, as of 2026, the current administration appears to be looking at eliminating or reducing this requirement.
Are silencers legal in Utah?
Yes, if properly registered under federal law.
Work With a Utah NFA Gun Trust Attorney
NFA compliance is technical. Improper possession can result in serious federal penalties, including being charged with a federal crime.
LegacyGuard Legal provides flat-fee Utah NFA Gun Trust planning integrated with comprehensive estate planning for your family.
If you are searching for:
• Utah NFA Gun Trust attorney
• How to set up a suppressor trust in Utah
• Gun trust lawyer near me
We are here to help.
