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NFA Gun Trust

South Carolina Firearms Trusts

South Carolina NFA Trust Lawyer

Title II of the National Firearms Act (NFA) regulates the transfer, purchase, and possession of NFA weapons.  The most common NFA weapons are machine guns, short barreled shotguns, short barreled rifles, destructive devices, and silencers.  NFA firearms are referred to as Title II firearms,  However, many people classify Title II firearms as Class 3 firearms, because Class 3 firearms dealers must pay a Special Occupational Tax (SOT) to deal in NFA regulated firearms.

NFA weapons are governed by federal and South Carolina state laws.  South Carolina Code Section 16-23-230 prohibits the possession of machine guns, military firearms, sawed-off shotguns, and sawed off rifles.  Although this law does not regulate the possession of a silencer or sound suppressor, the NFA does.  Therefore, you must comply with federal law in order to purchase and possesses a silencer in South Carolina.

South Carolina Code Section 16-23-250 creates an exception to Section 16-23-230.  It allows a person to possess Title II weapons as long as the Bureau of Alcohol, Tobacco, and Firearms (ATF) approves such possession.  In order to gain approval from the ATF, an individual must obtain a Class 3 tax stamp.  For an individual to aquire a Class 3 tax stamp, the Chief Law Enforcement Officer (CLEO) for the South Carolina city or county where the individual resides is required to sign a documented called a Form 1 or a Form 4. Unfortunately, many CLEO's are unwilling to sign any request for the purchase of a Title II firearm.  Therefore, law-abiding, South Carolina residents are denied the right to own a Title II firearm, arbitrarily. 

South Carolina residents can legally purchase an NFA weapons via a "NFA Gun Trust." The South Carolina "Gun Trust" purchases and holds title to the restricted firearm.  

There are additional benefits to South Carolina NFA Gun Trust.  Indeed, most South Carolina Revocable Trusts can hold firearms, but many trusts are not setup properly to deal with the special issues involving items regulated by the National Firearms Act. When the NFA is violated, the individuals who violate the Act are subject to substantial fines, criminal charges, incarceration, and forfeiture of all weapons.

Our South Carolina NFA Gun Trust contains information that gives guidance to the trustee and successor trustee.  This is important, because it informs the trustees of the proper way to deal with unplanned events. Assets in a South Carolina Firearms Trust cannot be distributed like other assets upon the incapacity or death of the grantor or settlor. The trustee or successor trustee must look at the asset, determine the capacity of the beneficiary, what laws apply to the individual, and many other factors to properly distribute the assets. Without the guidance contained in the NFA trust, it would be very difficult to prepare trustees for their duties.

If you are interested in creating a South Carolina NFA trust or purchasing Title II (Class 3) weapons, contact us at for a free consultation.  

This firm associates with the Law Office of David M. Goldman, PLLC in the formation of NFA Gun Trusts.

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