WHY GET A GUN TRUST?

TRUSTS

Have you heard of a gun trust before?  Ever wonder if you should get a gun trust? Gun Trusts primarily deal with ownership of firearms that are subject to stringent federal and state regulations.  These firearms, sometimes referred to as Title II or NFA firearms, must undergo significant scrutiny by the ATF before they can be lawfully possessed.  A Gun Trust makes it easier to possess and handle firearms both before AND after the owner passes away and protects heirs from unintentionally breaking the law. 

WEAPONS HELD IN TRUST

Gun trusts are normally used for firearms that are covered by the National Firearms Act of 1934 (NFA) and its subsequent revision, Title II of the Gun Control Act of 1968. They include:

1. Suppressors or Silencers.
2. Fully automatic firearms such as machine guns.
3. Short barreled rifles.
4. Short barreled shotguns.
5. Other destructive devices.

However, you can establish a Gun Trust for Non-NFA firearms as well. All NFA weapons need to be registered with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE, or sometimes also known as “ATF”), and may only be possessed and used by the registered owner. Washington State law can also place additional restrictions on the possession of these items above and beyond that mandated by Federal law. In Washington State, for example, only suppressors and short-barreled rifles are legally permitted, BUT SO LONG AS they are properly registered with the ATF.

GUN TRUST BENEFITS

Gun trusts may have several benefits, including:

1. More than one person may possess and use the weapon. If a gun trust is properly set up to allow for beneficiaries and/or co- or successor trustees, other individuals may be legally allowed to possess or use the firearm held in trust. This may help the owner and other loved ones and friends from committing an “accidental felony”. This is especially true of Title II or NFA firearms where ONLY the registered owner can be in possession of those items. If you have registered NFA items, you are the only person who can possess them unless they are in a trust.
2. The gun may be kept in trust even after the owner's death. This enables the grantor/owner to pass on weapons, e.g. a collection of firearms, in the manner they desire. It also may provide the heirs/beneficiaries all of the same gun trust benefits that the grantor/owner enjoyed during his/her life.
3. The executor of the estate has an easier job. Executors who are not familiar with the rules surrounding NFA and other weapons could accidentally break criminal laws by sending the gun to a state where it is prohibited, giving it to someone who may not legally own it, or transferring it without following the proper steps beforehand. With a gun trust, the trustee is in charge of trust assets, not the executor. (It is therefore important to name a trustee who is familiar with state and federal weapons laws or who at least recognizes the need to call a qualified attorney for advice.)
4. Avoid probate. Firearms held by a trust do not need to go through probate at the owner's death.

SETTING UP A GUN TRUST

If you are interested in further discussing a gun trust, or if you are ready to start establishing a gun trust Click here to get started.