View Full Version : restraining orders and gun trusts
01-08-2013, 5:11 PM
Is there any sort of protection if your guns are owned by a trust or a corporation if served with a TRO?
01-09-2013, 9:18 AM
If you have a properly drafted gun trust set up in advance, then when slapped with a TRO it may be possible for you to resign as trustee and allow another trustee to step in and take possession of the weapons under terms of the trust. No guarantees, but upon motion, the court may exclude these firearms from the protective order. See Family Code section 6389(l):
(l) If the respondent notifies the court that he or she owns a
firearm that is not in his or her immediate possession, the court may
limit the order to exclude that firearm if the judge is satisfied
the respondent is unable to gain access to that firearm while the
protective order is in effect.
It may be necessary to amend the trust agreement to state it is irrevocable until rights are restored or protective order lifted, but it should be sufficient that the language of a properly drafted gun trust prohibits any "prohibited person" from using or possessing trust property or serving as trustee. Whatever amendments may be required by the court can probably be done quickly if the trust is in place.
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