What will happen to your firearm collection if you are suddenly injured in a car accident, become infected with COVID-19, have a heart attack or stroke, or develop Alzheimer’s or dementia? If you become incapacitated or die, your family or friends are often the ones to help you. In doing so, they may come in contact with restricted firearms and put themselves at risk of violating the National Firearms Act without knowledge. We call this an “accidental felony.” Ignorance of the law, however, is not a valid defense. An NFA Gun Trust helps protect these individuals from violating the National Firearms Act by providing them clear instructions on what they are permitted to do and what they are not permitted to do.
An NFA gun trust is a special purpose trust. It is different than a normal living trust, revocable trust, or inter vivos trust. Many normal trusts actually instruct people to accidentally and unknowingly break the law.
When you die your individually owned firearms will be part of your “probate estate.” Probate proceedings will be necessary to transfer your guns under your will or to your heirs and are part of the public record. No gun owner I know wants to disclose a list of their firearms to the public. Since a family member or a friend usually handles probate proceedings, it is important not to unknowingly place them at risk of violating the NFA. With an NFA Gun Trust, your firearms are not subject to probate or made part of a public record. This trust is private. Your beneficiaries will be protected because they will receive guidance on how and under what circumstances the items can be legally transferred. If you have children, a NFA Gun Trust has specific provisions to protect them and make sure they do not receive the firearms if they live in a location where it is illegal to possess NFA firearms, and most importantly a NFA Gun Trust can help ensure that your children are mature and responsible enough that you would want them to have the firearms. For more information about the National Firearms Act visit https://marquardtlawfirm.com/gun-trust-firearms-trust/ Call 210-530-4278 and ask for attorney, Alex Vollmer, to discuss gun trusts.
