What is a Gun Trust?

Georgia gun trusts

Every state has different gun laws. Some states have more lenient laws that simply require a quick background check before you’re allowed to purchase a firearm. Other states require that you go through a process of obtaining a license before being able to simply hold a handgun. Some people simply own one for protection, while others are enthusiasts who enjoy collecting them. 


If you are the kind of person who enjoys gun collecting, specifically unique guns; you may want to pass them down to your kin upon your passing. However, just because you are legally allowed to own a firearm doesn’t mean that your children 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.


What Is a Gun Trust?


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, such as New York; owning a handgun is illegal without the proper permit. You may have a permit, but if you pass and you leave your handgun to your grandson in your will, it will still be illegal for them to hold/possess it without having a permit. So, even with a gun trust, the person you’re handing the gun down to will 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. 


What Are The Advantages of a Gun Trust?


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 to their kin 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 the case that said user is deemed to be incompetent. With the gun trust, the owner can determine whether to sell the gun or have it be held for the time when the owner passes and it is passed along. This is in opposition to the ATF simply taking possession of the firearm. 


Setting Up a Gun Trust

It’s vital to know about gun trusts when you are in possession of a firearm. If there are any questions in regards to gun trusts, you should consult a lawyer. Smith Barid provides top quality service for a variety of legal questions. Gun trusts fall under a unique sub-category of estate planning. Located in Savannah, Georgia, Smith Barid can provide gun trusts for Chatham County and all counties within the Georgia state lines.


More Posts

The Comprehensive Legacy Checklist

Ensure your estate is fully prepared for any eventuality with The Comprehensive Legacy Checklist. This essential tool is designed to help you and your family face the future with confidence, covering all critical areas from asset protection to healthcare decisions. Whether you’re setting up a plan for the first time or updating an existing one, this checklist highlights potential vulnerabilities and ensures nothing is overlooked.