We have been telling people for years that a properly drafted gun trust can help protect your firearms in the event that you become a prohibited person in the future. Today the Supreme Court came to a Unanimous Decisions supporting our view that a trust can be used to hold firearms for a liquidating event or for the future beneficiaries of the trust without being lost.
The court held that “while a convicted felon is prohibited from “possessing” firearms pursuant to 18 U.S.C. 922(g), nothing strips the individual of his/her property interest in the firearms and the individual retains “the right merely to sell or otherwise dispose of their firearms,” provided the felon lacks all control over the firearms. Our Gun Trusts already provide for this ability to just this type of purpose.
The Court also held that “§ 922(g) does not bar such a transfer unless it would allow the felon to later control the guns, so that he could either use them or direct their use.” This even permits an individual to create a gun trust after they lose their rights, assign the property to a trust as long as they do not have the ability to have direct or indirect use nor direct their use. A properly drafted gun trust would remove all abilities of a felon or prohibited person from using or directing the use of all firearms and ammo within the trust.