By - Stouffer Legal
If you own firearms and plan to designate ownership of those guns to another individual after your death, then a properly drafted Gun Trust will ensure the weapons are properly distributed to the new owner(s). A Gun Trust may be irrevocable; however, typically a revocable trust is preferable so that the gun owner can make changes to the trust language during his or her lifetime.
The trust should use very specific language indicating that the gun owner has every intention of complete compliance with the Gun Control Act and National Firearms Act, as well as all applicable state gun laws. The Gun Trust should be a separate, stand-alone trust and not simply incorporated into another revocable trust document.
Any named trustee and successor trustee must be eligible to own firearms, confirmed by background checks. A list of all firearms should accompany the trust document as Schedule A. At the time of creation of the trust, you may select beneficiaries that are not of legal age to own the weapons so long as the trust makes an alternate disposition of the firearm in case a certain beneficiary is unable to ever own a firearm. The firearms may remain in the trust until the minor becomes of legal age to accept ownership.
41F is a new regulation that will require you to submit fingerprints, pictures, and a chief law enforcement notification for NFA applications.
The complexities surrounding gun laws and the transfer of ownership require consulting a knowledgeable attorney. Call (443) 470-3599 today and schedule a consultation with one of our experienced Maryland Estate Planing Attorneys to learn more about Estate or Elder Law and how we can help you.
