As of today - July 13, 2016 - rule 41F goes into effect for purchases of NFA firearms such as suppressors (silencers) and SBRs.  For purchases going forward the process is essentially the same for individuals and trustees of gun trusts.  So one of the key benefits of using a gun trust is now lost:  simpler registration process.  But there are still benefits to using a gun trust rather purchasing a NFA firearm individually. 

• Expands list of eligible possessors of NFA items.  A Gun Trust may expand the list of eligible persons who may possess, use, or transport a NFA firearm.  Any current trustee is eligible including the initial trustee and any later named co-trustees.  For example, you might establish a Gun Trust and later add your spouse and child as co-trustees.
• Prevents accidental felonies.  A Gun Trust may authorize a current trustee to grant temporary use and possession of NFA firearms to successor trustees, beneficiaries, and other persons while in close physical proximity to the trustee.  For example, a trustee lets a friend borrow the trustee’s NFA firearm while both are at the shooting range.  This may be permitted by the trust document assuming the friend is not a “prohibited person” under the law.  Also, a properly drafted Gun Trust will strictly prohibit unauthorized use and handling of NFA firearms during the initial trustee’s lifetime and after death, and educate all persons involved about relevant laws and regulations.  This will help prevent the trustee and the trustee’s family from committing accidental felonies.       
• Estate planning.  Upon incapacity or death of the initial trustee, a successor trustee is pre-designated to manage the trust and possess and distribute firearms without any probate or other court interference.         
• Inheritance protection.  Upon incapacity or death of the initial trustee, a Gun Trust may provide long term protection of the trust property from creditors of the beneficiaries and in the event of a beneficiary’s bankruptcy or divorce.
  

After identifying the NFA firearm to be purchased, the trustee sends Form 4 (in duplicate) to the ATF with payment of the transfer tax (usually $200 per firearm) and a copy of the entire trust document.  The trustee must also include a Form 5320.23 (“Responsible Person Questionnaire”), two Form FD-258 fingerprint cards, and one passport-type photograph for each responsible person (any current trustee).  The trustee must also send a copy of Form 4 and a duplicate Form 5320.23 to the chief law enforcement officer (usually the sheriff) in the place where the trustee resides.  Other responsible persons for the trust (any other current trustees) must also send a duplicate Form 5320.23 to the chief law enforcement officer where they reside.  If purchasing from a dealer or broker, they should help complete this process as part of the sale.  It is important not to list the NFA firearm on a list of trust property (some trust forms use a Schedule A) until after the ATF has issued the tax-paid stamp approving the transfer.