NFA Gun Trust Lawyer Blog
While many people think they only want a Gun Trust to purchase NFA firearms, there are many reasons you should consider putting all of your firearms in a properly drafted Gun Trust.
Just this week, I wrote that NOLO had reported that you should not use their software to create a Gun Trust. This is something that we have been talking about for over 5 years and it was nice to see them realize the problems that could be created by the use of a traditional revocable trust.
A Gun Trust should be designed to hold all firearms including those restricted by the NFA. All of our Gun Trusts are designed for all of your firearms including Title II firearms (those regulated by the NFA).
You will find that owners of NFA firearms own other guns. The normal guns like a pistol and shotgun are called Title I firearms. As an owner of all types of guns, I designed our Gun Trust to deal with common issues gun owners face with pistols, revolvers, and hunting riffles as well as Title II firearms.
What most people do not realize regular firearms have many of the same issues regarding transfer upon death or incapacity that exist with NFA guns. It is for this reason that I would suggest putting all of your Guns in one a Gun Trust.
The real issue is that while we can pick beneficiaries while we are alive, we do not know who will survive us. Those that do survive may not be appropriate to receive the firearms upon our death.
We do not know where they will live. Many states restrict the purchase, transfer, or ownership of certain firearms regardless of how they are received. We do not know if the firearms we own will be legal where our beneficiaries will be living when we die. In addition, some states require special permits to be in possession or own some or all types of firearms. While some states give you a grace period to acquire the proper permits, other states do not.
Have our kids or friends done something silly that we do not know about that might have caused the beneficiaries to lose their rights to own, possess, or use a gun. Are they involved with drugs in a state where it is legal? While drug use may be legal in some states, it is still a federal crime and makes the person using illegal drugs a prohibited person.
Another issue might involve being charged with an act of domestic violence or child abuse even if not ultimately convicted of that charge. The Lautenberg Amendment is a federal statute that says that charges that are classified as domestic violence or child abuse can create a permanent loss of your firearms rights.
Most importantly, as much as we would like to believe that our beneficiaries will be the right age and have the right mental state when we die, we will not be there to make the decision. Our Gun Trust takes all of this into consideration and allows the Successor Trustee of the Gun Trust to look at the location of the beneficiary, the legal status of the beneficiary, as well as the age and maturity and responsibility of the beneficiary to make a proper decision on the disposition of the firearms.
Other trusts or so called gun trusts only require that someone is not determined to be legally incompetent and or reach a certain age. When it comes to guns, a traditional trust without good Gun Trust provisions or created without the help of a Gun Trust Lawyer® can create criminal liability for your family and friends to transfer and receive firearms. Remember that people change over time, and it is not always for the better.
The good news is that if you already have a trust that holds firearms, it can be usually be changed to properly deal with them. If you would like to find out more about creating a Gun Trust or changing your existing trust to properly deal with firearms and purchase NFA firearms contact a Gun Trust Lawyer®.