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A gun trust is a revocable trust created to hold title to your firearms. Because the trust is a legal entity, it becomes the legal owner of the guns and is transferred to the trust or purchased by the trust. A trustee is named to manage the trust for the trust’s beneficiaries. Because the trust is revocable, the grantor can make changes to the trust agreement or void the trust at any time before the grantor’s death. Upon the death of the grantor, the trust becomes irrevocable. An alternate trustee manages the trust for the individuals who become the beneficiaries after the grantor’s death.
A gun trust also lets gun owners keep information about their guns private. Trusts are not subject to probate; therefore, the firearms owned through a trust are never listed in a person’s probate estate. Furthermore, a gun trust can be used to hold title to other firearms to protect a gun collection and preserve it for future generations.
Assets held in trust are also not probate assets. This means that if someone was the grantor or beneficiary of a trust, upon that person’s death, the property in the trust will transfer according to the terms of the trust without going through the probate process.
Commonly, gun trusts are used for weapons regulated by two federal laws: the National Firearms Act of 1934 (NFA) and a revision of that law, Title II of the Gun Control Act of 1968. These weapons are often called NFA or Title II firearms. NFA weapons include machine guns, silencers, short-barreled rifles, short-barreled shotguns (including sawed-off shotguns), and grenades.
NFA weapons must have a serial number and be registered with the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, commonly called the ATF or BATF. (If such a weapon isn’t registered, you cannot register it; owning it is illegal.) They can be
They are possessed and used only by the registered owner. To transfer a registered firearm, the owner must get ATF approval and pay a tax determined by the ATF. Other federal laws also affect NFA weapons. For example, since 1986, machine guns have been illegal, and only those manufactured before that date may be legally purchased. (Firearm Owners Protection Act.) State laws may further restrict NFA firearms as well.
Gun trusts deal with firearms ownership subject to stringent federal and state regulations. These trusts make it easier to possess and handle firearms after the owner passes away and protect heirs from unintentionally breaking the law.
A gun trust legally preserves the firearms you currently own or plan to purchase and makes them protected assets. This allows the grantor to bypass requirements to seek law enforcement approval for buying and owning certain firearms. It enables the grantor to share the guns legally with family members and pass them on responsibly after the grantor's death.
Gun trusts are essential to an estate plan for gun owners and collectors. Gun trusts deal with firearms ownership subject to stringent federal and state regulations. These trusts make it easier to possess and handle firearms after the owner passes away and protect heirs from unintentionally breaking the law.
Gun trusts provide several essential advantages to owners of NFA firearms, such as:
Co-trustees can use and possess the firearms registered to the gun trust.
The beneficiaries inherit firearms.
Gun trusts protect your firearms in the case of a determination of incompetency.
A gun trust is revocable for as long as the grantor is alive. Upon the death of the grantor, it becomes irrevocable. The trust should be created with all the formalities required under the laws where the grantor resides. The trust should state that the owner’s specific purpose in setting up the trust is to comply with the NFA and other identified laws. The grantor will name an eligible trustee as well as successor trustees. Qualified trustees should be persons allowed to own guns under the applicable laws. The trust should include explicit language regarding the conditions under which modifications may be made and by whom.
When you have a gun trust drafted by The McKenzie Law Firm, you can ensure your legal protection, get answers to your questions, and gain the peace of mind that comes with knowing that you are receiving professional service and advice. The McKenzie Law Firm establishes the trust in partnership with you, the grantor.
A gun trust may have multiple trustees intended to last for more than one generation and must consider state and federal weapons laws. If you want to leave guns in trust, we can offer counsel and recommendations, as our team manages these trusts professionally. We provide exceptional and extensive knowledge and experience with state and federal laws that govern who can legally use and possess weapons and how they must be transferred.
If you think it might be time to think through your estate plan, you can:
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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