Gun Law
Arizona is full of gun enthusiasts who own guns. A gun trust enables the transfer of those weapons legally and so as not to violate federal or state laws. Be smart- have your weapons held in a gun trust so that your loved ones are protected from inadvertant violations of the law when you transfer the ownership of the assets. Not only is it smart, but it is a way to help reduce the stress your loved ones may feel when you die and have left them with all of the weapons that you have collected over a life time. It is a way to help them legally protect your legacy for enjoying firearms. It is great way to leave a firearm legacy to your loved ones.
There are other areas of law that can be helpful regarding gun ownership. I will discuss asset protection concerns and liability concerns with you and how insurances are useful in those regards.
I do not, however, practice law in the areas of criminal defense or restoration of gun rights. I would assist you in finding competent counsel if you asked for that help.
What is a Gun Trust?
A Gun Trust is a revocable living trust that is specifically created to own guns and gun accessories. A GunDocx™ Trust will provide detailed instructions about when and how the trust assets may be used, and by whom. You can change it to reflect changes in your firearms and/or the people who you wish to involve in their use.
Why have a Gun Trust?
- Effective July 13, 2016, for NFA weapons, you only need to copy your local Chief Law Enforcement Officer (CLEO) on your application before submitting it to the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE). Each Responsible Person will need to provide a Responsible Person Questionnaire for an entry.
- As long as the trust owns the firearms, there is no need to re-register with BATFE;
- To keep your firearms from becoming public during a probate;
- To control the use and possession of your firearms when you are incapacitated or deceased;
- To educate your loved ones about who may properly possess a firearm and what it means to be "in possession" so that no one commits an "accidental felony";
- To leave a legacy for those who share your passion!
How Does a Gun Trust Work?
You are the Trustmaker. You appoint a Trustee to administer Trust Assets during your lifetime, when you can’t administrate them yourself, and after your death. You determine who will be the beneficiaries of your Trust Assets, while you are alive and on your death. You yourself will be Trustee and Beneficiary during your lifetime. Most important, your Trust should be personalized to reflect your concerns. Your guns and accessories are owned by the Trust. They can be assigned to the Trust, sold to the Trust or purchased by the Trust. What method is chosen depends on the weapons and the current owner.
What are Accidental Felonies?
Federal, state, and local laws control the registration, possession (both permanent and temporary and actual and constructive) and transfer of firearms. These laws dictate who is not allowed to possess a weapon and what weapons may not be possessed. Understanding these laws before you risk violation may prevent felonies, with their accompanying range in penalties:
- Forfeiture of your firearm,
- Forfeiture of right your to own or possess future firearms,
- Up to 10 years in prison; and
- Fines up to $250,000 per occurrence
- A properly drafted GunDocx Trust™ will educate you as a gun owner and those who you choose about your passion, your firearms, and how to enjoy your firearms legally and with confidence.
I would be pleased to consult with you about how these trusts work and to help you create one that meets your personal needs.
