If new laws may prohibit transfer inherit, why not place all firearms in a TRUST now

[patrick21x]

Hey guys,

So some are getting a little worried new laws could be passed that would make all our Bullet Button rifles illegal to sell, transfer, or pass to family members. That would virtually make our guns of zero value in regards to resell and such.

I was speaking to a licensed attorney who advises I place ALL my firearms into a trust, and to have anyone I may want to gift them to be owners of the trust. That would allow anyone in the trust to have possession of the firearms (Bearing the firearm in question is legal in there state of residence).

I don't care much for selling them, but I damn sure want to be able to give them to my dad or brother without any problems. Supposedly, this TRUST planning also helps greatly for general transfer of the firearms when I pass, whether there be any laws prohibiting the sell of a certain firearm or not.

With all this being said. Does anyone have experience on this. Sound Legit? or are there any better strategies or recommendations for such a matter.

So lets hear from all the arm chair attorneys hheheehe and hopefully some real ones that know the real deal.........

[Garand Hunter]

There are alternatives, but the AR - AK purists can't stomach them. I am, IF
Brown signs these bullet button laws, going to modify fine to lock a 10 rnd mag
in place, bullet button removed etc. and NOT register them. But, what do I know about the fuss over this ? He hasn't said much yet.

Psalm 1

[Quiet]

Under current CA laws...

In regards to assault weapons, a Trust or corporation is not considered a "person" and can not legally register, own, possess, or transfer assault weapons. [PC 16970(b)]

Therefore...
If firearms that are on a Trust become assault weapons, then legally the Trust must dispose* of those weapons.
Because only an individual is allowed to register, own, and possess assault weapons.


EDIT:
*dispose equates to one of the following:
1. Render the weapon permanently inoperable.
2. Sell the weapon to a CA FFL dealer with an assault weapons permit or an out-of-state FFL dealer.
3. Remove the weapon from this state.
4. A trustee, aged 18 or older, registers it. (becomes property of that individual and is no longer owned by the trust)



Penal Code 16970
(a) As used in Sections 16790, 17505, and 30600, "person" means an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created.
(b) As used in Chapter 2 (commencing with Section 30500) of Division 10 of Title 4, except for Section 30600, "person" means an individual.

[snowdog650]

Didn't take long to blow that one out of the water.

Quiet lived up to his name ...

[unusedusername]

Under current CA laws...

In regards to assault weapons, a Trust or corporation is not considered a "person" and can not legally register, own, possess, or transfer assault weapons. [PC 16970(b)]

Therefore...
If firearms that are on a Trust become assault weapons, then legally the Trust must dispose of those weapons.
Because only an individual is allowed to register, own, and possess assault weapons.




Penal Code 16970
(a) As used in Sections 16790, 17505, and 30600, "person" means an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created.
(b) As used in Chapter 2 (commencing with Section 30500) of Division 10 of Title 4, except for Section 30600, "person" means an individual.

How does this work with regards to NFA trust items, like say an AOW that would be reclassified as an AW if the new sets of laws were to pass?

[Unretarded]

Under current CA laws...



Therefore...
If firearms that are on a Trust become assault weapons, then legally the Trust must dispose of those weapons.
Because only an individual is allowed to register, own, and possess assault weapons.

If the trust is california based........

[BeAuMaN]

Looking into this before... Trusts are good generally and for NFA weapons federally (outside the state, except for maybe certain AOWs), though Registered Assault Weapon carries special status with it afaik that's linked to the registered owner (a person) and the firearm. If it's in your trust though, I think the trust can still dispose of it by moving it out of state and storing it or selling it, but you can't pass the "Registered Assault Weapon" status upon an inheritor afaik.

[Unretarded]

but you can't pass the "Registered Assault Weapon" status upon an inheritor afaik.

In this state,,,

[Walther_Guy]

I brought up this point to the person I talked to in Gov Browns office earlier today as I never really heard it mentioned during any of the Legislative Sessions and it is a valid point.

What about the future generations who will inherit their father's/grandfather's "assault weapons"? There are so many in the state already. I doubt most people who even have their guns registered will have/want their families to destroy/remove from the state/turn their "AWs" in to law enforcement when they pass.

[Mountain Max]

Trusts have their purpose, in California it's mainly to define the distribution or handling of your firearms should you pass. It would be a shame to have heirs that are anti 2A have your collection destroyed. Would much rather have that collection donated to calguns etc where people would use them. Out of state trusts and corps are a different story, much more options there.

[robertkjjj]

Trusts have their purpose, in California it's mainly to define the distribution or handling of your firearms should you pass. It would be a shame to have heirs that are anti 2A have your collection destroyed. Would much rather have that collection donated to calguns etc where people would use them. Out of state trusts and corps are a different story, much more options there.

I know so many gun owners, who I've spoken with in the last few months, that had no idea about all these new laws coming our way. Many of them own AR15's.

Thing is, I'd bet at least HALF of AR15 owners in the state won't even be aware if these new laws pass. And, when these owners die, and they pass these rifles onto their spouse and kids? What if THEY don't know the laws either?

My point is, that for many gun owners, it just doesn't occur to them to track all these law changes as closely as people on Calguns do.

[guntrust]

Hey guys,

So some are getting a little worried new laws could be passed that would make all our Bullet Button rifles illegal to sell, transfer, or pass to family members. That would virtually make our guns of zero value in regards to resell and such.

I was speaking to a licensed attorney who advises I place ALL my firearms into a trust, and to have anyone I may want to gift them to be owners of the trust. That would allow anyone in the trust to have possession of the firearms (Bearing the firearm in question is legal in there state of residence).

I don't care much for selling them, but I damn sure want to be able to give them to my dad or brother without any problems. Supposedly, this TRUST planning also helps greatly for general transfer of the firearms when I pass, whether there be any laws prohibiting the sell of a certain firearm or not.

With all this being said. Does anyone have experience on this. Sound Legit? or are there any better strategies or recommendations for such a matter.

So lets hear from all the arm chair attorneys hheheehe and hopefully some real ones that know the real deal.........

If in fact the attorney said this, it is very bad advice in ANY state and especially bad in CA.

But yes, you SHOULD have all your guns in a gun trust and there are some ways it MAY help (depending on your situation and goals) in dealing with AWB expansion--see here:

http://lawnews.tv/14-reasons-need-gun-trust-guns/

[nick2k]

My father just got a SCAR 17s. I'll be pissed if I don't end up with that.

[HardwoodRods]

My father just got a SCAR 17s. I'll be pissed if I don't end up with that.

When he registers it, get listed also