Should a Gun Trust Be Part of Your Estate Plan?
Firearms present unique estate planning challenges that demand careful attention. Unlike other personal property, guns carry inherent legal risks that could expose executors and heirs to criminal liability if not properly handled.
The Core Problem
When transferring firearms through an estate, executors face significant legal exposure. The Gun Control Act of 1968 prohibits certain individuals – including those with felony convictions, dishonorable military discharges, or domestic violence convictions – from possessing firearms. An executor unfamiliar with the intended heir’s background could unknowingly facilitate an illegal transfer.
Geographic and Regulatory Complications
Interstate firearm transfers add another layer of complexity. Federal law requires a licensed firearms dealer to handle transfers across state lines. Since gun regulations vary dramatically by state, something legal in one jurisdiction may constitute a felony elsewhere.
Additionally, firearms laws evolve. For example, bump stocks became illegal following the 2017 Las Vegas shooting, requiring owners to surrender or destroy them. An uninformed fiduciary might inadvertently violate current laws while administering an estate.
Why Gun Trusts Matter
Gun trusts protect both the estate and heirs by establishing a legal framework for firearm ownership and transfer. They’re particularly valuable for:
- Registered machine guns
- Suppressors
- Short barrel rifles and shotguns
- Collectible firearms (often valued similarly to rare vehicles)
These trusts ensure compliance with federal and state regulations while preserving the testator’s intent to pass firearms to appropriate heirs.
The Recommendation
Working with an experienced estate planning attorney to create a gun trust helps verify that intended beneficiaries are legally permitted to inherit firearms and that all transfers comply with applicable law.
If you have questions about including a gun trust in your estate plan, contact The Stegall Law Firm to schedule a consultation. We are here to help.
