Lawyer Magazine No. 31, Issue 3 | Page 55

Do You HAve “ TRusT ” Issues WHen IT Comes To Guns ?
Military & Veterans Affairs Committee Chairs : Matthew F . Hall – Hill Ward Henderson PA & Alexandra Srsic – Bay Area Legal Services

Gun ownership has

steadily grown over the last quarter century and is presently at an all-time high . Many factors impact this upward trend such as the increasing population , changes in federal , state , and local gun control laws that make gun ownership a simpler process , and concern that the future of access to firearms and accessories will be impacted by political climate change .
Recently , it was estimated over 300 million firearms were owned in the United States alone . In the weeks leading up to the COVID-19 pandemic shutdown early last year , not only was there a mad rush to buy toilet paper and hand sanitizer , but many folks also scrambled to stock up on guns and ammunition . To say there was a spike in the ownership numbers would be a gross understatement . Notwithstanding , it is safe to say , as of today , no one really knows how many firearms are out there . Why is this so important ? As public interest in gun ownership grows , so will the need to properly plan for what happens
when a gun owner becomes incapacitated or dies . But therein lies the rub . It has been my experience that many gun owners wish to keep their inventory as private as possible and have not considered the possibility of their family being at risk for unknowingly committing accidental felonies by transferring or selling certain firearms and accessories . This is where Gun Trusts enter the picture . A Gun Trust is a purpose-driven Revocable Living Trust designed specifically for regulated and non-regulated firearms and accessories . Not only does it provide the level of privacy desired by the owner within the limits of the law , of course , but a comprehensive Gun Trust typically also contains clear and specific instructions on the transfer and sale of Gun Trust property . This can certainly go a long way in making sure loved ones are protected and abiding by the law while carrying out the wishes of the gun owner . The most common type of Gun Trust is narrowly designed to hold only firearms and accessories
A Gun Trust is a purpose-driven Revocable Living Trust designed specifically for regulated and non-regulated firearms and accessories .
which fall under the National Firearms Act . There is very little privacy in that type of trust due to the fact it only holds regulated items . As one can imagine , not every firearm or accessory is subject to the National Firearms Act and that drives the need to have a trust vehicle capable of accommodating several potential scenarios .
Ownership of even one single firearm is an inherent risk within the legal system . Understanding this risk and realizing there are ways to safely navigate this legal minefield does not necessarily equal advocacy for gun rights and ownership . But for those who do own firearms , education is key to ensure that they do not inadvertently burden loved ones with legal troubles down the road . n
Author : Angela M . Tormey - Ally Legal , P . A .
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