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12-20-2012, 4:17 PM
IANAL, but unless the ban specifically called out a prohibition on that kind of thing, I would think the answer to your question would be "yes". Passing NFA firearms (SBR, silencer, etc) down from generation to generation is one of the main reasons for having a NFA trust. Also, non-NFA firearms can be owned by a NFA trust.
12-20-2012, 4:53 PM
I have a trust and to add anything to it, especially long guns that are not registered like pistols, I'll just write it on the property log of the trust myself. Easy as pie.
12-20-2012, 7:47 PM
If a prohibition on the transfer of certain firearms were passed federally, would a gun trust with my kids included in the trust allow them to take possession after such a ban had passed?
Probably not, but nobody knows for sure until we see the legislation.
CA law does not allow the use of trusts to transfer RAW's at death.
12-20-2012, 7:54 PM
When thinking about trusts, it's important to keep in mind that trusts separate legal title to an item from the right to enjoy/benefit from the item.
A typical living trust for the benefit of A says that, during A's lifetime, A is the trustee (holds legal title) and the beneficiary (has the right to enjoy/use the property). At A's passing, someone else (B, A's brother) becomes the trustee; and another person (C, A's child) becomes the beneficiary.
If you have a gun trust, you should discuss this with the drafting attorney. Unless the answer is a flat "no, never, not under any circumstances, because of the way the law is written", the only way to get an answer for your individual circumstances is to read and understand your trust; random people on the Internet who have never seen your trust couldn't possibly tell you what it does or doesn't do in light of new legislation.
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