*Please note, our law firm does not provide Gun Trusts. Our firm focuses on traditional Estate Planning, Trust & Estate Administration and Probate.
California regulates firearms more than most other states. However, an estimated 4.2 million Californians still own guns. For many of these people, firearms represent a way of life: a means to feed their family, defend their home, or protect farmland against wild animals. Since rifles, handguns, and other weapons often accord both financial and sentimental value, they are frequently passed from one generation of the family to another.
However, California and the federal government have special rules that can land your heirs in hot water if you do not take the right steps to ensure you legally transfer your rifles, especially those regulated by the National Firearms Act (NFA). A gun trust could provide an ideal way to shield your heirs from liability. 
NFA Gun Trusts
A gun trust can be used to store firearms or firearm accessories subject to the NFA which requires special “tax stamps” for Title II firearms. If an individual seeks to transfer possession of their Title II firearms to another person—whether for resale or as part of an inheritance—they must obtain the written consent of a state law enforcement officer.
If someone tries to transfer or receive Title II weapons without the proper tax stamps or the consent of a police officer, they could face penalties of:
- Up to $250,000 in fines
- Up to 10 years in prison
Gun trusts provide an ideal workaround because they can receive and transfer Title II tax stamps without law enforcement oversight.
Gun trusts can also provide other benefits:
- You can retain full rights to your firearms while you are still alive.
- If you nominate any co-trustees, they can use and possess firearms registered to the trust.
- Once you pass away, your beneficiaries will be able to inherit your firearms outside of probate.
- Your weapons cannot be seized from a gun trust if you are ever found mentally incompetent.
In California, the most popular NFA firearms and accessories include:
- Suppressors
- Short-barreled shotguns
- Short-barreled rifles
- Automatic rifles
