NFA Gun Trust Lawyer Blog
We work with more than 20 lawyers in Texas to provide Gun Trusts to their clients. As of this month Gun Trust Lawyer® David Goldman has been licensed in Texas. Texas is one of the biggest markets for NFA Trusts and Gun Trusts. Because of this we have seen many so called Gun Trusts that are nothing more than revocable trusts with a few gun or NFA terms.
There are many problems in using a traditional Gun Trust in Texas and most states because they tend to instruct your family and friends to do things that may be illegal or cause criminal liability to the others involved with your trust.
Much the same way as Nolo has stated that their product should not be used to create a Gun Trust, a traditional revocable trust should not be used to create a gun trust.
All lawyers, including Texas lawyers have a duty to be competent in an area that they practice in. They can become competent, though learning or association with another lawyer who provides the knowledge. For many years we have provided a select group of Texas lawyers the competency necessary to be a Gun Trust Lawyer® and now we can provide support for both the Federal and state specific issues that face residents of Texas.
If you are considering purchasing a Texas Gun Trust from a Texas Gun Trust Lawyer® you might see what they have done for the community, ask them about their experience with gun trusts and firearms. You might ask them if they responded to the ATF’s 41P proposal and read their response. We are here for the long-term and will be providing Texas Gun Trusts as well as working with lawyers in other states to help respond and deal with the proposed changes to the way ATF works.
For those that have a strong pride in the state of Texas, you should know that I was born in Texas and have lived there for more than 25 years of my life.
If you have a Texas Gun Trust and would like it reviewed to see if it deals with the issues regarding firearms ownership, transfer, or possession, we would be happy to review it free of charge and discuss any potential problems we see.
To celebrate becoming licensed in Texas we are offering some very special prices from now until the end of March. These prices are only available for those who contact us directly and may not be offered by our the other lawyers who are a Gun Trust Lawyer.
OUR GUN TRUST IS DIFFERENT THAN A REVOCABLE TRUST OR OTHER TRUSTS
Our Gun Trust is different than a typical Revocable Trust. Many so called “Gun Trusts” are nothing more than revocable trusts with a few NFA words or definitions thrown in and still instruct people to break the law. People often ask about having other items in their NFA trust; we recommend that only firearms, magazines, and accessories be placed in a Gun Trust. The reason for this is simple, the people you want to use and have access to your firearms are not the same as those who you want to be able to sign checks or sell your property. If your trust talks about land or other non-firearms related assets, it’s a clue that you do not have a Gun Trust. Most other trusts do not deal with the many unique issues of regular firearms or Title II firearms ownership, possession, transfer, and use.
Our Gun Trusts have been reviewed and modified by more than 100 Estate planning and/or Firearms law lawyers who are licensed in more than 43 states. Whether your goal is to purchase a single silencer or hundreds of Title II firearms, our Gun Trust can be customized to address your specific issues and unique circumstances.
As owners of firearms we all understand the importance of training. You should never hand a gun to someone without providing them instructions on how to use it. Using a traditional trust can put our family members and friends at risk. These traditional trusts often instruct people to break the law when we die or become incapacitated.
In addition to the many protections created for your family, a NFA firearms trust can help you acquire Title II firearms (sold by class 3 dealers) without the need for fingerprints or CLEO sign off in most states. Many CLEO’s are refusing to look at Form 4’s and/or Form 1’s.
Some of the main benefits of a Gun Trust include:
1) The ability to tell your representatives how to properly transfer these firearms upon your death;
2) The ability to transfer assets to children, even below the age of 18, when they reach an appropriate age, while giving the someone the ability to make distribution decisions based on mental state, physical location, legality of the transfer, and age.
3) The ability of the Trustee to refuse assets transferred by will or other means if NFA and state requirements are not complied with;
4) The requirement to comply with NFA and State laws for transfer of NFA related assets;
5) The ability to make uneven distributions to heirs to conserve the value of assets;
6) The ability to purchase Title II weapons, without creating a violation of the duties of the trustee;
7) The ability to use the weapons in the trust without creating liability to the beneficiaries;
8) The instructions and formalities on how to: manufacture items under a Form 1, how to purchase items correctly under a Form 4, how to properly document and transport Title II firearms with a Form 20.
9) Protection for yourself and your family from Constructive Possession – a violation of the NFA.
10) The ability to add others to your trust at a later time and create additional authorized users of the firearms.
Some of the Additional Benefits of a Multi Generational Asset Protection Gun Trust include:
1) The ability to have Trustees with different capabilities.
2) The ability to protect the firearms from your creditors and the creditors of your beneficiaries.
3) The ability to hold the firearms for multiple generations and in some cases forever.
4) The ability to modify the terms of the trust to attempt to preserve privacy, ownership, avoid future transfers and loss of firearms due to future legislation.
5) The ability to easily add users, remove users, change beneficiaries and create temporary users of the firearms 6) The your representatives how to properly transfer these firearms upon your death;
Each Gun Trust comes with a Memorandum (users manual) which discusses many of the commonly asked questions regarding the NFA and ATF regulations.
Please call our office to discuss these special unpublished prices.