Banner image

Making A Gun Trust Part of Your Estate Plan

Adding Gun Trusts to Your Estate Plan
News & Blog Aug 13, 2021

About a third of the adult population of the United States owns a gun according to a Gallup survey that also found that 44% of people live in a household where there is a gun. When gun owners die, passing their firearms on to heirs is not as simple as leaving them a car or bank account. Federal and state laws regulating ownership, possession and transfer of firearms complicate the process of disposing of them when a gun owner dies. 

Failing to follow the complex rules and regulations governing the sale and transfer of firearms has serious consequences. When an estate includes firearms among its assets, the executor or administrator who distributes the guns to heirs of the estate could face criminal charges unless it is done in full compliance with the law. 

If you are a gun owner or collector, a simple method exists to ensure the smooth, hassle-free transfer of firearms to your heirs. Inclusion of a gun trust as part of your estate planning gives you flexibility in handling the disposition of firearms after your death that a will does not. 

What happens when the owner of firearms dies?

The general rule for someone buying, selling or transferring firearms in California is for the transaction to be handled through a dealer licensed by the state. A firearms dealer maintains a Dealer Record of Sale (“DROS”) and electronically reports it to the California Department of Justice. The DROS process includes a requirement that the dealer obtain and transmit a thumbprint of the person acquiring the firearm. An exemption from the DROS process exists for transfers between a parent and child or a grandparent and grandchild, but the exemption does not extend to other family members, such as brothers and sisters. 

When gun owners die, their firearms become assets of their estates to be distributed according to the terms of their wills or through intestacy, which is the process for distribution of the estate of individuals dying without a will. The executor of the will or administrator of someone dying intestate would have to ensure that the transfer of firearms conformed to procedures governed by state and federal firearms laws. Some of the factors complicating the process may include:

  • Under California law, a handgun cannot be given to a person who does not have a handgun safety certificate.
  • Transfers involving certain types of firearms, including short-barreled rifles and shotguns governed by the Gun Control Act of 1968 and the National Firearms Act, require state law enforcement and U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives approvals.
  • Probating a will and intestate administration require court processes with records available for viewing by the public.

Someone with a gun collection may wish to make it available for use by the entire family without giving possession to a particular person. All of these issues can be resolved through a gun trust.

What is a gun trust?

Instead of allowing firearms to pass to heirs through a will or intestate administration, you can establish a gun trust. A gun trust, which is also known as an NFA or National Firearms Act trust, can be either a revocable or irrevocable trust agreement drafted in consultation with a trusts and estates attorney at NM Law. 

A gun trust gives you the opportunity to choose as its trustee someone who is familiar with gun laws, particularly with state and federal laws pertaining to transfer of ownership, and who is qualified to take possession of and safely handle the firearms you own. Ownership or title to the firearms you own is transferred to the trust.

Upon your death, the trustee will transfer ownership according to the instructions contained in the trust agreement. If you wish, you may direct that ownership shall remain with the trust and provide for use of the firearms by designated family members or other people. Doing it this way allows you to keep a collection intact while making it available for use by those people you designate. It also avoids transferring ownership of the firearms and the legal processes the laws would require.

Consult with a trust and estates lawyer 

Whether you are a gun owner, collector or enthusiast, a gun trust may be something for you to consider when planning your estate. The trusts and estates lawyers at NM Law, APC, can provide more information about a gun trust and how to incorporate it into your estate plan. Contact them today at 949-253-0000 to schedule a consultation.

NOELLE MINTO, ESQ.

Ms. Minto has been a business and estates transactional attorney based in California since 2003. Her practice is now located in Tustin, CA but represents individuals and entities based throughout the United States and abroad. Phone: (949) 253-0000, Email: info@mintocounselors.com

Testimonials

  • NM Law is an excellent law firm to work with! Noelle and her team are very thorough and knowledgeable. They explained the estate planning process to us and kept us informed every step of the way. We…

    Monique S
  • I greatly appreciate Noelle’s assistance in making difficult decisions. When she provides counsel I know she puts herself and her family in my shoes. I feel comfortable knowing my attorney has analyzed every angle and leaves out…

    Cinda H.
  • For those of you that are looking for the perfect attorney to handle any of your estate issues, well Noelle is the one for you! I can’t say enough about Noelle! She recently handled a case for…

    Suzie F.
  • One of the most important things you can do for your family is have a good Living Trust done by an attorney you can trust to take care of your business. I highly recommend Noelle Minto, an…

    Sandy Z.
  • Working with Noelle on litigation and transactional matters was truly a valuable experience for me. Not only was she a great communicator with clients and personnel, but zealous and passionate about her clients. I would recommend her…

    Darren S.
  • I’ve known Noelle as a colleague and friend for close to seven years. Working “across the aisle” in the fast-paced and partisan world of LA County politics, I found Noelle remarkable for her ability to quickly grasp…

    Kerjon L.
  • Noelle and her team were professional, courteous and diligent with my case. It was a small matter but they took it as though it was a large one. They reached a settlement quickly and very little effort…

    Doug S.
  • After my mother’s death, The bank locked all her accounts and the insurance company was playing games. Our family lawyer never call me back. I called Noelle for help! My paper work was not in order at…

    Randy B.
  • Noelle is awesome. Handled everything I needed in a timely manner. Very professional!

    Tammy W.
  • I have worked with Noelle on my Estate Planning and was very impressed by the way she handled my business. Noelle was extremely professional and available for all my questions. I would highly recommend anyone looking for…

    Zac C.
  • I have worked with many attorneys, and there are very few that I would ever recommend. Noelle and her team have gone above and beyond to help all of our clients that we have referred to her….

    Robert Sousa
  • I was first referred to Noelle Minto by my family law attorney Mike Monarch to provide oversight on my husband’s Trust conforming with our Post Marital Agreement. Her outstanding legal insights helped me to feel secure that…

    Sharon McCubbin
  • Noelle and Samantha and their team are amazing. They are extremely knowledgeable and professional (they are the best). They have and continue to support me and my family while dealing with my parents Will and Trust. Samantha…

    Greg Bishop
  • I had a great experience with Noelle and Samantha at NM Law. They were fast, clear and got the result we wanted under budget. I am very happy and impressed.

    John Arens
  • NM Law is an exceptional place to work! Our office is located in the City of Tustin, off the 55 Freeway, between the 5 and 405 Freeways. Our main cross streets are Redhill Avenue and Edinger Avenue…

    Samantha Smith
  • The N.W Law team in Tustin Ca was instrumental in achieving a just result in our family trust dispute. We had the privilege of being represented by Samantha Smith and her staff, during one of my saddest…

    Herman baldonado
  • Amazing service. So happy with the whole team!

    Mitchell Hilde
  • So glad to work with this team of professionals

    Noelle Minto
  • As an attorney who has used two other wills & trusts lawyers prior to seeing Noelle, I have a pretty good idea of what to expect and what it should cost. I recommend Noelle to anyone who…

    Lynne Boisineau
  • Highly recommend NM Law. I recently worked with Noelle and her team on my family trust and the process could not have gone smoother. Very knowledgeable and professional. I have since recommended all of my family members…

    Nathan Perkins
  • A very professional approach and action to fulfill our personal requirements

    Waldo ortega
  • My husband and I decided to update our 12 year old trust. We initally had a call with Noelle, and were instantly very comfortable with her approach. Noelle was great to work with, very patient, was willing…

    Cheri Ondatje
  • Vey helpful with good insight to take the proper steps with difficult situations and have my questions answered. Noelle and her team are professional and courteous and great to work with!

    Corine Cojocaru
  • Samantha and the team are professional compassionate and get the job done. She articulates very well what needs to be done. Her and the firm do Probate and Trust at its finest to protect their clients. She…

    Silvana Sarkis
  • I was referred to NM Law after dealing with a myriad of problems in settling a complicated Trust in Riverside County. At the initial meeting, Noelle Minto and Samantha Smith listened to the mess I was in…

    Aleathea Rayburn
  • Love this firm. I’ve worked on a wide range of legal issues with NM law, and the attorneys here are top notch, reasonably priced, and a pleasure to work with. They truly care about each of their…

    Colette
  • Ms. Minto, I want to thank you and your staff for the courtesy extended to us during our family’s pending emergency deadline. Mr. O’Grady spoke to my brother and gave us his best recommendation regarding my father’s…

    Abraham Torres

Charities We Support

We dedicate pro bono time, volunteer services, and a percentage of our gross revenue to these organizations. In 2023, we sponsored a refugee family of five to come to the United States and start a new life.

Each year our law firm decides as a group which charities to assist with our time, money, and expertise. Please feel free to click on any of the charities below and make a donation of your own.

  • Charities
  • Charities
  • Charities
  • Charities
  • Charities
  • Charities
Top