Gun trusts are a planning tool that allows for flexibility and security of ownership and transfer between generations in a time where gun ownership is a complex and ever changing issue. With a gun trust, the trust itself is listed as owner of the firearms, avoiding possible future restrictions on gun transfers and limiting the amount of personal information that must be provided in order to register the weapon.

Primary Benefits

Use – Gun trusts may be structured to allow more than one person to possess and use the weapons held in the trust.

Privacy – Individuals are often required to submit to the ATF fingerprints and other personal information to purchase firearms. With a gun trust, the trust itself is listed as owner of the firearms.

Incapacity and Death – Gun trusts are designed to provide for the transfer of your firearms upon your incapacity or death. If you become incapacitated while you are serving as trustee, then your successor-trustee steps into that position. Upon your death, your beneficiaries need not go through probate to effectively transfer your firearms. Rather, they are passed as prescribed in your trust agreement.

Protection – Holding firearms in a gun trust protects individuals from inadvertently violating state and federal law when transferring weapons. It also prevents an inexperienced executor from having to administer the firearms as part of your estate. Lastly, it avoids possible future restrictions on gun transfers because the firearms are always held and owned by the trust.

Basic Contents and Structure

Gun trusts are similar to other revocable trusts in that they may be revoked at any time. However, gun trusts are crafted to provide specific references and guidance regarding the purchase, retention and transfer of firearms. Gun trusts take into consideration both state law and federal law requirements and provide guidance to the trustees, successor trustees and beneficiaries on their rights, duties and qualifications, guiding them through the proper purchase, use and transfer of the trust assets.

Gun trusts also differ from traditional trusts in that the trustee is the individual who enjoys the benefits of the trust assets. The trustee is the responsible individual for the firearms and may use and enjoy them. Additional or successor trustees may be added at any time. Beneficiaries are the individuals listed who will ultimately receive the property upon termination of the trust. A gun trust may be specifically tailored to provide for the disposition of your firearms while adhering to your values and thought process.