Gun Trust

Georgia Gun Trust

If you are the kind of person who enjoys collecting guns or firearms, specifically unique guns; you may want to hand them down upon your passing. However, just because you are legally allowed to own a firearm doesn’t mean that your children or whomever you would pass a firearm down to can. In some states, a person could be committing a crime simply by having your gun in their home after you’ve passed. In order to avoid any legal ramifications for your loved ones, a gun trust is suggested.

If you own a gun collection, your estate plan may not be up-to-date and could leave an unexpected legal obligation in its wake. Many assets need to be carefully considered when drafting an estate plan, but one of the most important aspects is firearms. Firearms must follow both federal and state laws, which can present a challenge for those looking into how they want their property transferred or disposed of after death without any restrictions imposed by these regulations.

Guns are an American tradition, and for many people, they’re a source of pride. The benefits of establishing a gun trust are numerous. Not only can you protect your collections from unauthorized use or sale, but also ensure they meet your needs for sport-hunting and self-defense in whichever manner best suits you personally!

What is a Gun Trust?

A gun trust is a written document, created during your lifetime, which allows future access and use of your firearms by named individuals.

A gun trust is necessary for a smooth and legal transference of ownership to an heir upon one’s passing. This is to ensure that your loved one is legally allowed to own the gun you are leaving for them. Keep in mind that for some states owning a handgun is illegal without the proper permit. For example, you may have a permit, but if you pass and you leave your handgun to your grandson in your will, it could still be illegal for them to hold/possess it without having the proper permit. So, even with a gun trust, the person you’re handing the gun down could still have to go through a background check. Just to reiterate, every state has its own laws in regards to owning a firearm.

Gun trusts are typically for those in possession of firearms under the National Firearms Act (NFA) Title II of the Gun Control Act of 1968. Title II weapons include fully automatic machine guns, short-barreled shotguns, or suppressors aka silencers.

A properly drafted gun trust will address issues such as:

  • How to transfer ownership of firearms after your death;
  • How to provide for the passing of firearms to beneficiaries outside your immediate family;
  • How to comply with federal and state laws governing the possession and use of certain weapons.

Are Gun Trusts Legal

Yes! Gun trusts are legal, and they have been recognized as such by courts throughout the country. Proper planning is crucial to ensure that the trust is complete and in compliance with all existing laws. A gun trust can save time and money after your death. Undoubtedly, a properly drafted gun trust is the only estate planning document that complies with all state and federal laws governing firearms transfers upon your death.

Reasons to Create a Gun Trust

Gun trusts are a popular way to plan for your future gun ownership. You can transfer guns from yourself, the trustor of this document, into an individual who will manage them by becoming a trustee.

As mentioned earlier, each state has its own set of laws. A Georgia Gun Trust is specific for those who live in Georgia and are looking to leave firearms when they pass. Here are the advantages of putting a Georgia Gun Trust in place:

  • A Georgia Gun Trust allows for co-owners of guns to and possess a firearm. This means that multiple people are allowed to use a gun, as long as it’s registered in a gun trust.
  • A gun trust in Georgia also allows for beneficiaries to be honored in one’s estate.
  • A Georgia gun trust is protection for an owner in case the owner is deemed to be incompetent.
  • A Georgia gun trust most importantly safely and legally mandates the transfer of your guns upon your death.

For Gun Trust Estate Planning, Contact Dynamic Estate Planning

For years Dynamic Estate Planning lawyers have been preparing responsible Georgia firearm trusts for clients. Gun trusts fall under a unique category of Estate Planning. Our attorneys will guide you through the process to ensure that your gun trust adequately addresses all legal requirements for the possession, use, and transfer of your firearms. 

If you own a gun collection and need gun trust estate planning assistance, contact the law offices of Dynamic Estate Planning at (404) 991-6511 to learn more.

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