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Gun Store Provides Invalid Trust Form; ATF Initially Approves 3 Transfers

A Washington state gun store prepared an invalid trust for their customer and the ATF approved three Form 4 transfers.

Not only is the preparation of a trust by a non-lawyer the unauthorized practice of law, but it also could put you at risk of an invalid transfer, possession, and use charge by the ATF which could subject you to forfeiture of your firearms, a $250,000 penalty, and up to 10 years in jail.

This particular gun store trust did not have a trustee, a successor trustee or a beneficiary and was missing required schedules that were required for validity by the way the trust was drafted.

Remember that even if the ATF approves an invalid trust, it does not make the transfer legal. ATF is approving a transfer to a non-existent entity, which you cannot comply with, and when you take possession it becomes illegal. The good news is many trusts can be updated to be valid and keep the original name so that there is a valid trust behind the possession of the firearms. If you would like to have your trust reviewed, contact a Gun Trust Lawyer®.

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