Gun Trusts
“…the right of the people to keep and bear Arms, shall not be infringed.”
A gun trust is quite different from the common revocable living trust, which is used, like a will, to leave your assets at death. A simple living trust allows survivors to transfer trust assets without going through probate court, which saves time and money after your death.
A gun trust, on the other hand, may have multiple trustees, be intended to last for more than one generation, and must take into account state and federal weapons laws.
We help make the transition of these weapons go as smooth as possible. Let us take away the stress that can come with a rough handover.
Why set up a gun trust?
A gun trust can avoid some of the federal transfer requirements and accomplish other goals as well:
- Allow more than one person to possess and use the weapons held in trust.
- Keep the gun in the trust even after the current owner’s death, avoiding the usual transfer requirements.
- Help the executor. The executor of your estate—the person who is responsible for gathering your assets, paying your debts, and distributing what’s left—may not be familiar with the rules about ownership and possession of NFA and other weapons. An executor could violate criminal laws by transferring a weapon without going through the proper procedure, taking or sending it to a state where it is prohibited, or giving it to a person who is legally prohibited from owning it. When firearms are in a trust, the executor is not involved; the trustee is in charge. You can name a trustee who is well-versed in state and federal gun laws.
- Avoid probate; since the firearms are held by a trust, they do not need to go through probate at your death.
- Avoid possible future restrictions on gun transfers.