Considerations for Creating a Gun Trust

You should never try to establish a gun trust by yourself. Since gun trusts are regulated by the federal Bureau of Alcohol, Tobacco, and Firearms, you could be heavily penalized if you make any mistakes in your trust paperwork. Even if the ATF or state regulators do not catch your mistake, any error could affect your beneficiaries.

Before you meet your California estate planning attorney for the first time, you should consider:

  • If your trust will be revocable or irrevocable
  • If you want to nominate any co-trustees—a co-trustee can use, possess, and operate firearms registered to the trust
  • Where you plan to store your trust-owned firearms while you are still alive
  • How you will transfer any Title II tax stamps to the trust’s possession
  • If all of your heirs are legally allowed to own a firearm
Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.
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