Failure to address the new issues raised by Rule 41F will expose owners of firearms trusts to the risk of committing a new kind of accidental felony, i.e. related to a failure to document an RP [responsible person]. Firearms trusts must be reviewed–and likely revised–to clarify the roles of the parties involved and whether or […]
Wyoming Statutes Section 6-8-104 starts off on a serious note intended to get your attention–fast: A person who wears or carries a concealed deadly weapon is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($ 750.00), imprisonment in the county jail for not more than six (6) […]
“Think about the [gun] trust as a means to keep the client safe and legal, and to provide all of the guidance to their beneficiaries so they stay safe and legal.” Matthew Bergstrom, attorney
You’re the executor or personal representative of an estate (they’re the same thing, by the way) or a trustee of a trust. The owner of some NFA firearms has died, and you’re left to deal with the aftermath. (Of course, the real “owner” of any NFA arms in a trust is the trustee, but generally, […]
Regarding the benefits of so-called gun or NFA trusts: In gun trust planning, it’s in some ways less important to know who owns an NFA firearm and more important to consider who has the right of possession. Access equals possession. A spouse or other family member with access to an NFA firearm registered solely to one […]
Although the phrase implies that the carrying of the weapon is for the purpose of “offensive or defensive action,” it in no way connotes participation in a structured military organization. From our review of founding-era sources, we conclude that this natural meaning was also the meaning that “bear arms” had in the 18th century. In […]
I had a person ask me about the difference between a gun trust and his existing living trust. I sent him the following (I’ve changed his name to protect his privacy): Fred, Again, thanks for contacting me about gun trusts and more specifically, how a gun trust differs from your existing living trust. I’ll try to […]
If your sole purpose in purchasing a gun or NFA trust is so you can buy that silencer and avoid the need for your local Chief Law Enforcement Officer’s (CLEO) signature*, then I’m not your guy. As I explain elsewhere on this site, I see gun trusts as accomplishing that purpose and much more, including […]
I thought long and hard about whether I should do my gun trust business on a different website and under a different trade name than the ones I use for my estate and business planning practice. I’ve noticed that many attorneys separate their gun trust work from their other practice areas for fear, I suppose, that […]
Betty Hutton, as Annie, couldn’t get a man with a gun. Some are worried that they won’t be able to even use their guns if President Obama gets to appoint a new justice to the Supreme Court now that Justice Antonin Scalia has died. I don’t know if that’s a worry worth worrying about, even […]