Gun Trust Planning in Texas
All Gun Owners Need a Gun Trust
Gun Trusts are important if you’re a gun owner because they prepare you and your loved ones for your incapacity and death by responsibly addressing the possession and transfer of your firearms in compliance with state and federal law while keeping your private affairs out of the public court system.
These Gun Trusts are even more important for gun owners whose collections include NFA firearms. Unlike other firearms, NFA firearms can only be possessed by the person to whom the firearm is registered. There are no exceptions for family members or other people living in the same household. In addition to the reasons set forth above, a Gun Trust ensures family members are not in violation of the law and gives a gun owner the ability to share NFA firearms with other law-abiding individuals in compliance with state and federal law.
What is a Gun Trust?
A Gun Trust is a special purpose trust designed to hold all your firearms and firearms-related accessories. A Gun Trust protects your firearms from going through a public guardianship proceeding if you become incapacitated. A Gun Trust also protects your firearms from going through a public probate process--a court proceeding to administer a deceased person’s assets. A public probate may result whether you have a will or no estate planning documents in place. Remember, probate can make your guns and other assets publicly known. A Gun Trust can help you avoid the probate process.
A Gun Trust contains very specific instructions to the Trustee regarding how to legally transfer NFA and Non-NFA firearms upon your death in compliance with state and federal law. Without a Gun Trust, the executor of your estate could easily violate state and federal law transferring your firearms to the beneficiaries of your estate. A Gun Trust allows you to designate a beneficiary of a specific firearm or accessory upon your death by using a written memorandum, which can be easily changed and amended during your lifetime. This will allow you to pass on your firearms to those you want to have and enjoy them.
A Gun Trust is a superior way to acquire and possess NFA firearms and accessories, and to share them with greater protection against commission of an “accidental felony.” This is our catchphrase to describe a transfer resulting in the unlawful possession and transfer of an NFA firearm at a time when you and the other person truly believed you were acting lawfully. With a Gun Trust, you can document why someone other than you is in possession of your NFA firearm! Both federal and state law make it a crime for another person to possess your NFA firearm.
If firearms are an important part of your life, a Gun Trust will help you and those you care about lawfully enjoy your firearms during your lifetime. When it is time to pass on, the memories you’ve created can be passed on, honored, and continued by those you select to receive your firearms in compliance with state and federal law. Planning for your firearms is a way to protect, preserve, and pass on something that is important to you.