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The Truth About Gun Trusts: An Attorney’s Perspective

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By Greg Herman-Giddens

Back in January, TTAG posted a piece by FirearmConcierge on gun trusts. The author works as a gun dealer and has published several posts about firearms retail, pricing, and the business side of guns. The post we respond to today is “The Truth About Gun Trusts – and How Attorneys Lie to Get Your Money.”  Although the author makes several accurate points—some about misleading advertising and another about the poor quality of trusts from gun dealers—the piece is primarily saturated with false statements . . .

To clear up a few points:

Boilerplate gun trusts
The author makes broad claims that all gun trust attorneys use boilerplate language. Truth: Some attorneys use customized legal documents specifically crafted for each grantor and with detailed instructions for the trustees and beneficiaries named in the trust. (Our lawyers at Southern Gun Law Group are part of a national network—GunDocx™ Lawyers—who use trust documents that address the trust creator’s specific goals.)

Perhaps the author experienced poor service by an inexperienced or careless attorney. However, a growing number of lawyers are available who are knowledgeable about both trusts and gun laws, and create custom gun trusts that address specific legal issues associated with NFA (and non-NFA) items to be owned by the trust. What about protean state and federal laws affecting gun ownership? Gun trust attorneys ensure trusts address these issues.

Gun trusts offer no power
The author acknowledges one gun trust benefit, the ability to bypass a Chief Law Enforcement Officer’s signature, Yet the author makes another unsupported claim that gun trusts provide no power to owners. Truth: Gun trusts afford several powers to owners which, beside the power to amend and revoke the trust, include avoiding probate at death, designating specific guns to specific individuals, enjoying confidential transfers, and appointing authorized users to freely and legally use noted firearms.

Estate planning and gun law are not related
The author states, “wills, trusts and estate law and gun law could not be farther apart in the legal field.” Truth: Gun trusts provide clear instructions for the legal management or disposition of firearms upon the death or incapacity of the trust creator. Without the structure of a proper gun trust, individuals who transfer or “inherit” may very well find themselves on the wrong end of the law.

One notable accuracy in FirearmsConcierge’s piece is the advice to research before deciding on what gun trust is right for you. With a gun trust, as with many things, you normally “get what you pay for.” As a responsible gun owner, make sure to do your due diligence and chose an experienced attorney who will not only draft a custom trust, but provide detailed instructions and assistance. The truth about gun trust attorneys is that we’re out there and we help firearms owners every day.

0 thoughts on “The Truth About Gun Trusts: An Attorney’s Perspective”

  1. Lever guns? Mid 70s vintage Winchester Model 94 in .30-30, Marlin 336 .30-30. Henry Big Boy in .44 magnum/.44 special – great sentimental value as I bought this rifle after surviving a fight with prostate cancer, Rossi Model 92 carbine with the John Wayne lever in .38/.357 – a great rifle that shoots one hole groups at 25 yards with 158 grain .38 semi wadcutter handloads, and even an old Winchester Model 200 .22 which is surprisingly accurate and smooth. So I guess I’m a lever gun guy. I’m looking for a Savage 99 in .300 Savage and a model 95 Winchester Texas Ranger style rifle in .30-40 Krag. I fell in love with the 95 Win when I watched The Rough Riders back in the day.

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  2. Although the Feds are acting like stormtroopers like I predicted the would…
    I think Roberts point is that the Bundys’ are in a negative position when it comes to the law. They didn;t pay range fees as required, They had their days in court on that matter and lost. They knew seizure was a distinct possibility.
    That said the FEDS response was typical and WRONG.
    When I wrote the article on “Could there be another Waco?” I predicted this although I never dreamed it would be so soon. I also mentioned armed vehicles and helicopters….And I was attacked by some for it.
    There are both on scene or on standby near the Bundy ranch, AH-64 attack helicopters and armored fighting vehicles.
    ANY Federal agency can request the items from the military.

    If there is gunfire the feds will win. Maybe at a cost, but they will win. There is not enough firepower on the Bundy side to stop them.
    The Federal government under Obama is out of control.
    Obama is determined to destroy as much of America as he can before his ass is evicted.

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  3. GOD Bless Israel and the U.S.A.. Being Americans we have to Support Israel in any way that we can. If we want to win this vote and you all know we do, All we(TN.) has to do is PRAY for the safety of Israel so GOD will fulfil his promise and bless us and protect us by giving us the votes we need to get this bill signed into law. MARK 9:23 and PSALMS 34:15. If you DONT agree please try this way out and watch and see. Always put GOD and ISRAEL FIRST no matter what. By doing this AMERICA and its CITIZENS will be blessed more. Thank you all, Jesse James DeBord Scott Co. TN.

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  4. Day 1 on the stand, Oscar went on and on about his “troubled” upbringing and how he was taught to do what’s right. Stand up for himself.

    Sadly, he hasn’t admitted to either 1) Cardinal sin of a gun owner shooting at an unknown target or 2) He willfully murdered his GF.

    The prosecution already paraded out neighbors saying there was yelling before the gun shots, character witnesses on OP’s anger issues, character witnesses on OP’s gun-play, texts between OP and the deceased where she said she was afraid of him and his mood swings (maybe she should have dumped him?), and even his answers to the self-defense legal vs illegal self defense question demonstrating he perfectly understands shoot vs no-shoot situations.

    This isn’t a matter of gun rights, its a question whether this one individual is either a grossly inept gun owner who made the stupidest and worst mistake he could make or that he murdered her in a rage.

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  5. The image of the “Cash Only” signs at gas stations during media coverage of Hurricane Katrina is burned in my mind. Since that very day I have always made a point to never be without at least a couple of hundred dollars.

    I don’t consider that stash to be discretionary income, the same way I would’t use personal defense ammo for target practice. It will only come out as a last resort.

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  6. Sorry, this whole idea about a revolver being perfect for people that dont know how to shoot. Just aim and pull the trigger…it’s simply not true. As a shooting instructor I often let beginners try out different firearms, and they almost never hit anything with a double action revolver at ten yards. With a minimum of instructions most people shoot best with a SA pistol. No doubt.

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  7. Your house is a free fire zone. You are presumed innocent until it is proven who you shot and why is suspect. If the door is kicked in at zero dark thirty then it’s pretty obvious.

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  8. The Democratic left and statist elite really do face a conundrum, and Stevens has wandered off into the dreamland of final solutions. The problem is this: The core of Dem Left voting support is among the urban poor and urban civil servant unions. However, the leadership, and certainly the rich urban leadership from which Stevens emerged, do not think the urban voter base can be trusted with guns. Next, they realize that there is something frightening for them in “suburban and rural homes armed, urban homes not.” It flows from the obvious. Since they can never accept gun rights for the urban poor and urban unions, they see no avenue of action except to revoke the constitutional rights to firearms exercised by (mainly) the non-core-urban population.

    Mexico’s governing elites faced the same conundrum in the 1960’s. The government was becoming increasingly corrupt and increasingly hated. At the same time, Mexico had a very large “gun culture.” Ownership of firearms was very widespread, range shooting was popular, and Americans even travelled there to enjoy shooting sports. The PRI government drove a charge to alter the RKBA provision of the constitution of 1917, and in 1971 succeeded. At the same time a wide array of statutes were passed to enforce an end to gun rights.

    The motive among the Dem Left and urban ‘elites’ are no different today than the PRI’s motivations in the late 1960’s and 70’s. Stevens is just a Chicago-based exemplar of the same school of thinking. No surprise there.

    If the Dem Left leadership gets its way and the constitution or its interpretation is altered to their liking, you can be sure that the U.S. will get the same results as Mexico. A government and criminal gangs out of control, and a common population unable to fight off the depredations which naturally result.

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  9. I went to a school that had armed guards. The year I got there was the first year the Sheriffs Dept. didn’t have cops stationed in the halls. This was to protect staff and students from other “students”. The joys of bussing! Another liberal fail.

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