If Open Carry becomes Legal, Do I Need a Gun Trust?

Published on 14 September 2025 at 07:36

Florida’s First District Court of Appeal recently struck down the state’s open carry ban, declaring that ordinary, law-abiding citizens have a constitutional right to carry firearms openly in public.

That ruling changes how you may carry your firearm in public—but it does not change the rules about how firearms must be owned, shared, or transferred. This is where a gun trust comes in.

Why a Gun Trust Still Matters

Open carry laws only affect where and how you can carry. A gun trust addresses much bigger issues:

  • Ownership and Use – A trust allows more than one responsible person (like a spouse or adult child) to legally use and possess the firearms. Without a trust, simply handing your firearm to someone else could be a crime.

  • Compliance with Federal Law – National Firearms Act (NFA) items—such as suppressors, short-barreled rifles, and certain other weapons—come with strict rules. A gun trust ensures compliance, so you don’t risk federal penalties.

  • Smooth Transfers – When the time comes to pass your collection to loved ones, a trust ensures firearms are transferred safely and legally, without putting heirs at risk of accidentally committing a felony.

  • Clarity and Protection – A properly drafted trust removes uncertainty. It provides clear instructions and avoids costly disputes among family members.

Don’t Confuse Rights with Protection

The right to carry is important, but it doesn’t protect your family from mistakes in ownership or transfer. We’ve seen families torn apart because a gun owner never set up a trust, leaving relatives to face expensive legal battles—or worse, criminal exposure—after the fact.

How We Do It Differently

At Samaritan Law, we don’t just draft generic paperwork. We take the time to explain the rules, the risks, and your options. We make sure your trustees know your intent. We also build in ways to resolve disagreements without going to court, saving your family unnecessary stress and expense.

The Bottom Line

Open carry may expand your rights in public, but a gun trust protects your rights—and your family’s future—at home. If you own firearms, especially NFA-regulated weapons, a trust isn’t optional. It’s essential.

Call us today to set up your gun trust and secure your family’s future.