FAQ's

April 25, 2013

Does a Gun Trust prevent me from registering my firearms or magazines

We are getting many questions regarding recent laws but one of the most common is “Whether a Gun Trust can prevent me from having to register my firearms or magazines?”

If you live in a state where registration is required, a Gun Trust will not prevent you from having to register your firearms and or magazines that are located in that state. If you would have to register them as an individual, your trust or you will have the same obligation.

The only way to avoid a state required registration is if the items are no longer subject to the state’s laws. e.g. if the firearms or magazines are located in another state.

April 10, 2013

How to transfer Magazines to your Gun Trust

by David M. Goldman

Yes that’s right, in states where it is still legal, you should transfer your high-capacity magazines to your Gun Trust as soon as possible. Given that some states like Colorado, New York, and Maryland have recent passed legislation that will or has limited the ability to transfer certain firearms and magazines those of you who still have the opportunity to transfer your magazines should take advantage of it.

In most states you can simply list the number, brand (if known), caliber, and number of bullets they hold on one of our assignment sheets that come with the trust. There it does not matter if you do not have the make, model, and serial number of a magazine as many do not have this information at this time. Just list what you know e.g. ( 25 Magpul 30 round 556 magazines, 8 metal 30 round 556 magazines).

If you live in Colorado, please continue reading Continue reading

April 9, 2013

Gun Trusts CLE: Gun Trusts Are for More Than Just NFA Firearms

by David M. Goldman

On Friday May 3, 2013, the National Riffle Association is having The 16th Annual Firearms Law Seminar in Houston Texas. This seminar is primarily focused for lawyers who deal with firearms related issues in the practice. Over the past few years, the ATF has presented the panel on Trusts and ownership of Title II firearms. I have personally been to this presentation several times looking for guidance or changes in the law or its interpretation. Unfortunately the NFA portion of the seminars have been disappointing and have not offered any real guidance in dealing with the many issues that a Gun Trust should deal with. This year the NRA asked me to speak Gun Trusts. I plan on dealing with many of the ethical problems with traditional trusts as well as how to use Gun Trusts to protect your clients firearms from future legislative restrictions as well protecting the guns from loss due to confiscation that often surrounds criminal charges or claims of domestic violence and/or child abuse that often surround divorce.

Many people are still looking for NFA Trusts and have not realized the benefits of a Gun Trust over a trust that only deals with NFA Firearms. Look for more information on the NRA Firearms Law Seminar. For more information about the National Firearms Law Seminar, please call 1-877-NRF-LAWS
If you are a lawyer and plan on attending and would like more information on Gun Trusts or have a question you would like me to address at the seminar, use the contact form and I will try to incorporate it into the Gun Trust Presentation portion of the NRA Firearms Law Seminar.

March 24, 2013

10 Common NFA Trust or Gun Trust Questions

by David M. Goldman

(1) Do I need a Gun Trust if I don’t own any Title II guns?:
Many people do not consider their regular firearms or magazines when creating a trust. Most NFA trusts are not properly created for all firearms. About 5 years ago we upgraded our NFA Trust to a Gun Trust that was designed for all of your firearms because most people who are purchasing a Title II firearms have Title I firearms. The decision-making process about giving someone a gun is the same regardless of its status as a Title I or Title II. For more on this topic see our recent blog on Putting Title I firearms into a Gun Trust.

(2) Do I have to pay the $200.00 tax stamp if I have a Gun Trust?

Yes, The Tax Stamp is for the ability to transfer a Title II firearms to an individual, business entity, or trust. In most cases the Tax Stamp is $200 but if you purchase an AOW the Tax Stamp is only $5. There is no discount or change in the Tax Stamp for a Trust.

(3) Is there a minimum or maximum number of guns I can put in your Gun Trust?
The Gun Trusts from a Gun Trust Lawyer® do not have any limitations on the number of guns that can be transferred to the trust or purchased with the trust. All of our Gun Trusts come with forms to allow for future purchases or assignments to the trust without the need to make any modifications or incur additional legal fees Continue reading

February 22, 2013

ArmsGuard™ Protector- The Ultimate in Protection for Your Firearms

by David M. Goldman

Many people are concerned about the ability to change the terms of their trust after they die or the Trust it becomes irrevocable. Our Professional Gun Trust no comes with an ArmsGuard™ Protector that allows for the terms of you trust to change if laws change in the future.

This means that if the local, state, or federal government changes a law dealing with firearms and your rights, your trust can be changed to deal with the changes even if the change is 300 years from now. If you have firearms and it is important to preserve them for future generations and keep creditors from being able to reach the firearms you should Contact Us to create a Gun Trust with the ArmsGuard™ Protector.

Remember it is important to have your firearms and magazines transferred to your Gun Trust before laws change. The ArmsGuard™ Protector can only work for items within the Gun Trust. Many states and the federal government now have bills before congress seeking to restrict our gun rights and the ability for future transfers. If these bills become laws, like recently happened in NY, you may not have the ability to buy, sell, or give firearms to your spouse or children. Some states have already passed laws which restrict the transfer of certain items so it is important to speak with a Gun Trust Lawyer® in your state.

February 19, 2013

Hunting with a Silencer.

by David M. Goldman

NOTE THIS ARTICLE HAS BEEN UPDATED WITH NEW INFORMATION

Thumbnail image for 50calsilencer.jpg While in most states, it is illegal to hunt with a Silencer, in the following states it is legal to hunt with a silencer. Remember these laws change frequently, so please verify this with your state prior to hunting with a silencer.

Alabama Alaska Arizona Arkansas Colorado Georgia ( as of 7/1/14)

February 12, 2013

My Bank Says They Do Not Open Accounts For Trusts

by David M. Goldman

Occasionally we receive a call from a client stating that their bank does not open accounts for trusts. If you are having a problem, you might contact the following banks that do accept trust accounts. A word to the wise, I would not mention guns or firearms when talking with a bank as many will not open accounts for gun related issues.

Ally Bank http://www.ally.com/

They do both revocable trusts and Irrevocable trusts.

January 12, 2013

Assault Weapons Ban and Gun Trusts

by David M. Goldman

While there is no actual Assault Weapon Ban, we are being asked many questions about regular firearms and the benefits of a Gun Trust. As laws may change or what is proposed may be different from what actually happens, the answers below be reviewed with your local Gun Trust Lawyer® and we should all re-evaluate the situation when things become more certain.

Should I put my regular firearms in a Gun Trust?

Yes all firearms, accessories, and magazines should be put in a Gun Trust and the sooner you do it the more flexible your choices will be. A risk is that future transfers of certain guns (sounds like most guns) will be prohibited. If this happens you will not be able to transfer them to a Gun Trust. In addition, there are many other reasons why you should have your regular firearms in a Gun Trust See this article on putting Title I firearms in a NFA or Gun Trust.

January 5, 2013

How to Name Your Gun Trust?

by David M. Goldman

One of the most common questions we receive is about naming your Gun Trust. Based on our experience and the problems people have encountered over the names they have chosen, here is our advice.

If possible do not include the words NFA, Gun, Firearms, or Weapons in the name of your trust.
Keep the Gun Trust name short as you are not allowed to engrave abbreviations should you ever decided to build using an ATF Form 1.

December 24, 2012

An Overview of NFA Gun Trusts? What is a Gun Trust

by David M. Goldman

Many of you have asked your estate-planning lawyer about Gun Trusts and have not been able to find anyone who knows about them. This is not hard to believe because other than some materials I have produced or talked to others about there is no text book on gun trusts.

We work with lawyers in every state to help them prepare gun trusts for clients in their state while providing them a resource for the knowledge and information necessary to understand the ownership, transfer and possession of firearms.

In 2006, I recognized the need to create a Trust for NFA and regular firearms. It was at that time, that I created the Gun Trust. A Gun Trust is based on the traditional concepts of estate planning. Traditional trusts deal with all types of assets that are primarily financially based, but a Gun Trust only deals with firearms. They are not meant to circumvent federal or state laws, as many would have you believe. Trusts were clearly contemplated as owners of firearms by the National Firearms Act. The National Firearms Act (NFA), requires a tax to be paid to own, possess or transfer guns such as machine guns, short barreled rifles and shotguns, silencers or sound suppressors, and AOWs. They are referred to as Title 2 firearms because they are regulated under Title 2 of the 1968 Gun Control Act. Normal firearms are regulated under Title I of the Gun Control Act. Many people mistakenly call them Class 3 weapons, but Class 3 refers to a license or Special Occupational Tax (SOT) that an FFL must obtain prior to buying or selling Title II Firearms.