A gun trust can be used to stay in compliance with federal, state, and local laws that apply to certain firearms. These trusts may be called NFA Gun Trusts because they are used for weapons covered by the National Firearms Act.
Without a gun trust, you or your loved ones may unintentionally violate laws regulating certain firearms. If your heirs inherit your guns or need to access them in the case of your incapacitation, a gun trust can be an effective way to ensure you stay in compliance with the law.
Gun Trusts and Estate Planning
Gun trusts can be used to pass your gun collection onto your heirs. Like other trusts, a gun trust can avoid the probate process, which is a matter of public record.
You can also use a gun trust to make sure your heirs don’t violate any laws. Your loved ones who inherit your guns may not be aware of the strict laws relating to the use and ownership of certain firearms. Violations of these laws can result in severe penalties.
A gun trust is also useful for incapacity planning. If you are involved in an accident and become incapacitated, you may wish for your loved ones to have access to your guns. Perhaps you want them to be able to sell them if needed. Without a gun trust, your family members may be breaking the law by handling your guns outside of your presence.
How to Create a Gun Trust
Consult an attorney when creating a gun trust. If you use do-it-yourself forms you find online, you may make legal errors. These documents may also not accurately carry out your wishes.
The punishments for violating firearms regulations can include severe fines and possible jail time. Having your trust completed by an attorney is the best way to avoid making mistakes when creating your gun trust.
Your attorney can also answer your questions relating to your trust, such as how additional firearms can be covered by the trust and whether you need to modify your gun trust if you move outside of North Carolina.
If you are concerned about what will happen to your gun collection after you’re gone or if you become incapacitated, contact an estate planning attorney to discuss the benefits of a gun trust.
At King Law Office, we understand that your estate plan should be designed to fit your objectives and family situation. Our goal is to help guide you through this process and listen to your concerns. Come visit us at one of our office locations, including Hendersonville, Shelby, and Greer.