United States Court of Appeals Suggests Trust for Firearms to Solve Problem

In a recent decision (US v. Miller), the Seventh Circuit Court of Appeals suggested transferring firearms into a trust to resolve an issue involving firearms that were confiscated. The owner of the firearms was not legally able to be in possession and the government was not able to return his firearms because of the felony conviction. In this case, the government failed to institute a forfeiture within the 120 days permitted under 18 U.S.C.924(d)(1).

If the guns were owned in a Firearms Trust prior to the problems, there would be no problem in returning them to the Trust as long as the Trustees were changed to exclude the felon before the return of the firearms.

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