NFA Gun Trust Lawyer Blog

Today the ATF announced that a Laredo man was sentenced to 10 years for the illegal possession of a firearm. It is important to understand who can and who cannot own, possess, or use firearms whether they are Title I or Title II firearms. Just because you might not consider a silencer a firearm, its possession is limited in the same way a regular pistol is. While there is not official duty to ask if someone is prohibited, its wise to do so because not only is the possession of an item subject to the NFA regulated, but the transfer (handing it to them or allowing them to have access to it) is also regulated and could subject each of you to 10 years in jail and up to a $250,000 penalty per occurence.

Our NFA Gun Trusts ( the basic and the new asset protection firearms trust) both allow the people involved with your trust to understand who is prohibited and who is not. Often people do not even know that they have lost their firearms rights and it is important to have them understand when they are a prohibited person as well as allow you to know whether a family member or friend is prohibited now and in the future.

If you would like to discuss asset protection for your firearms or creating a gun trust to own your firearms including Title II firearms, we would be happy to help you find a local Gun Trust Lawyer to create a trust for you.

One benefit of using a Gun Trust that is often overlooked is the ease of changing authorized users or managers of the firearms in the event of a charge relating to domestic violence or other Lautenberg amendment violations. We all know people who have been involved in a divorce and had claims of domestic violence or child abuse made to potentially bolster the other spouse's position regarding the divorce, alimony, child custody, or child support. Unfortunately, the way in which your divorce attorney deals with this issue, could cause you to lose your firearms rights. It is very important to make sure your divorce attorney understands these issues or consults with an attorney who does so that you do not lose your rights over a technicality.

More importantly, if you do lose your rights, you may lose your investment in your firearms as they may not be transferable in time to lose them to a confiscation. With a Gun Trust, even though you can be a manager, you do not technically own them. Therefore, if you lose your rights to own or possess firearms, we simply need to amend your trust to deal with the possession issue as you are no longer the owner anyway.

This becomes much more important with Title II firearms (those sold by Class III Dealers) because of the time it takes to transfer these firearms. For more on this you may want to read the Jacksonville Divorce Attorney Blog's article on Domestic Violence and Gun Rights written by Kelley Ryan a Jacksonville Divorce Lawyer.

New Gun Trust Provides Asset Protection for Firearms Collectors and ther Families.

Until now, the answer has been that a gun trust does not provide any asset protection for firearms. Today we are announcing a new form of Gun Trust for the Gun Collector that does provide asset protection from creditors of the creator as well as the beneficiaries. This trust has many of the same benefits of our normal Gun Trust and we can even convert your previous gun trust to a new asset protection gun trust.

This trust is not designed for everyone but should be considered if you have a substantial firearms collection.