Gun Trust

Why A Gun Trust (or LLC)?

You’ve likely heard of Gun Trusts. Did you know that beyond a Gun Trust, you also can form a Gun LLC or Gun LLP? If you own a firearm and are concerned about where that tool will be going when you pass, you’ve probably looked up your options, but ensuring that the government does not create a headache for your loved ones should be one of your highest priorities. At EQUES®, our team is prepared to talk to you about your collection, family, and unique needs, and craft a customized succession plan for your firearms, and any other life planning you may need!
Benefits of a Gun Trust, LLC, or LLP:

1. Avoid Government Entanglement:
The government is constantly changing how Rule 41F works in practice, putting your firearms at risk of improper transfer or even confiscation. A properly constructed Gun Trust, with well-designed reasonable party clause, will keep your heirs safe while ensuring they receive the benefit of your collection.

 

2. The Public Doesn’t Need to Know:
If you pass without life planning, your assets will be listed as a public record with your local Probate Court. Not only will the Probate Court not need to know, the public does not have a general right to know what is inside a trust. A well-designed succession plan will avoid ever letting the public know what firearms you have in your collections.

 

3. Avoid Probate:
Along with keeping your assets private, Gun Trusts can avoid the associated costs, delays, and hassles of handling property through Probate Court. This process is particularly useful for the transfer of firearms, ensuring they can be passed to another responsible party immediately, so your beneficiaries can still enjoy your collection.

 

4. Legally Possessing and Transferring NFA Firearms:
Gun Trusts help firearm owners legally obtain, possess, and transfer NFA (National Firearms Act) firearms. These include machine guns, silencers, short-barreled rifles and shotguns, and other regulated items. By using a gun trust, these items can be legally transferred while complying with federal and state law.

 

5. Preventing Unintentional Violations of Law:
A Gun Trust can help beneficiaries or responsible parties avoid inadvertently violating federal law. Firearms that are registered to an individual may not be lawfully possessed by another person not named on the registration form. A gun trust provides a legal framework to manage these issues.

 

6. Flexibility:
Gun Trusts allow the appointment of multiple responsible parties, facilitating multi-generational transfer and management of firearms. This feature is particularly useful for Title II weapons, ensuring legal and compliant transfer over generations.

 

7. Protection During Incapacity:
If the responsible party or trustee becomes incapacitated, the Gun Trust can maintain legal compliance and ensure the proper management of the firearms.

 

If you have any questions or want to get started in securing your firearm legacy, give me a call.

Robert Barga
General Practice Partner
EQUES® Law Group

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