The short answer is NO. The BATFE is in charge of licensing Federal Firearms Licenses (FFL). A Type 03 License is a license for collectors of “Curios and Relics,” also referred to as a C&R License. As theBATFE states, a C&R License pertains exclusively to firearms classified as curios and relics, and it’s purpose is to facilitate a personal collection. It is NOT a license to buy and sell curios and relics.” The C&R license is specifically prescribed in the law at 18 U.S.C 923(b).
So why can’t a trust own a C&R but can own a NFA firearms? If one looks to 27 C.F.R 478.11, which is part of the Gun Control Act (GCA), in relation to licensing, it starts by stating, “When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section.” Moreover a “person” is defined as “Any individual, corporation, company, association, firm, partnership, society, or joint stock company.” Whereas, in 27 C.F.R. 479.11, which pertains to ownership of NFA firearms, a “person” is defined as “A partnership, company, association, trust, estate, or corporation, as well as a natural person.” Thus, while “trust” is included in the defintion of a person for purposes of ownerships of NFA firearms, it is not included for purposes of licensing.
This is a serious issue for Missouri residents who must have an FFLto purchase NFA firearms. There is at least one individual in Missouri who claims the BATFE issued a C&R License to his trust, which is in violation of the law. Luckily, when he applied for a transfer with his trust, the BATFE kicked it back because he did not include a Declaration of Trust and Schedule A. Hence, the trust does not own an assets that could be forfeited. Any individual considering a gun trust should speak with a competent attorney so that he/she does not find him/herself facing the possibility of a criminal prosecution and forfeiture.