There are certain firearms that are regulated by the National Firearms Act of 1934 (NFA) and Title II of the Gun Control Act of 1968 (NFA or Title II firearms).
A Gun Trust is a legal document that can assure that firearms regulated by the NFA and other types of guns do not have to be turned over to law enforcement agencies upon the death of the gun owner.
You can name your own trustees and beneficiaries and give them all the rights that you have granted within the Gun Trust. Also leaving your guns controlled by the terms of your gun Trust you can avoid possible fighting over the guns by your beneficiaries.
Your Gun Trust can be used so that you follow all federal, state and local laws that apply to NFA guns.
The contents of a gun trust are no different from any other revocable trust, except for references and terms related to firearms and the Act. Although a gun trust can be irrevocable, a revocable trust may be preferred; the contents of the trust may change frequently during the settlor’s lifetime.
The Settlor (that is, the gun owner) creates a trust during his lifetime for his benefit, naming himself as a trustee. The trust should make specific references to an intent to comply with the Gun Control Act and National Firearms Act. It is also important to note in the trust’s statement of intent that the trust is created specifically to comply with local, state, and federal laws on firearms in its administration and interpretation. The trust should be created with the formalities of a revocable trust under California laws. The gun trust should be a stand-alone trust, as opposed to being incorporated into an existing revocable trust.
We can help you prepare a Gun Trust.