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Trusts and new AW law?

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  • sreiter
    Senior Member
    • Dec 2008
    • 1664

    Trusts and new AW law?

    Hypothetical -

    Suppose someone works out of state for extended periods of time and because they do, they give up their residence and move their belongings into storage in Ca.

    Their guns never leave the state.

    i believe the upcoming AW law says you need to register a to a physical address. Not a PO box.

    Does anyone know how a trust works and would setting up a trust and registering the AWs to that trust be a work around?
    sigpic

    "personal security, personal liberty, and private property"--could not be maintained solely by law, for "in vain would these rights be declared, ascertained, and protected by the dead letter of the laws, if the constitution had provided no other method to secure their actual enjoyment." -
    William Blackstone
  • #2
    BAJ475
    Calguns Addict
    • Jul 2014
    • 5074

    Originally posted by sreiter
    Hypothetical -

    Suppose someone works out of state for extended periods of time and because they do, they give up their residence and move their belongings into storage in Ca.

    Their guns never leave the state.

    i believe the upcoming AW law says you need to register a to a physical address. Not a PO box.

    Does anyone know how a trust works and would setting up a trust and registering the AWs to that trust be a work around?
    From what I understand and what has been said on this forum by those that should know, an AW cannot be registered in the name of a Trust.

    You are saying two things that have different meanings. First you say give up you residence which implies establishing your domicile in a different state. But, then you say leaving some of you physical property in California, which implies that the move is only temporary, so that you would remain a California resident. The problem is that while the words domicile and residence are sometimes used to mean the same thing, other time they have different meanings. If the guns, never leave California, just where would they be kept?

    Comment

    • #3
      guntrust
      CGN/CGSSA Contributor
      CGN Contributor
      • Jun 2009
      • 796

      Please see my video at http://guntrust.org - yes, you can hold AW in trust, but no a trust is not an entity in CA so the trustee registers, not the trust.
      David R Duringer JD LL.M (Tax), CA/WA/TX atty
      CRPA Mag Must Retract Erroneous Bulletin Slamming Gun Trusts
      Radio ads: http://Protect.FM
      FREE training: http://guntrust.org
      FREE design meeting: http://Protect.LIFE

      Comment

      • #4
        BeFrank
        Senior Member
        • Mar 2013
        • 594

        I was in this situation for a few years.
        I traveled for work and spent months at different work sites around the world living in hotels. I gave up my residence for about four years, whenever I was "home" in CA for a week or three I stayed at hotels near my ex's so I could be near my kids. This was before I had guns the the storage issues peculiar to that was not an issue.

        Comment

        • #5
          sreiter
          Senior Member
          • Dec 2008
          • 1664

          Originally posted by BAJ475
          From what I understand and what has been said on this forum by those that should know, an AW cannot be registered in the name of a Trust.

          You are saying two things that have different meanings. First you say give up you residence which implies establishing your domicile in a different state. But, then you say leaving some of you physical property in California, which implies that the move is only temporary, so that you would remain a California resident. The problem is that while the words domicile and residence are sometimes used to mean the same thing, other time they have different meanings. If the guns, never leave California, just where would they be kept?
          i was thinking a safe in a storage locker..uppers and lowers separated
          Last edited by sreiter; 11-15-2016, 3:42 PM.
          sigpic

          "personal security, personal liberty, and private property"--could not be maintained solely by law, for "in vain would these rights be declared, ascertained, and protected by the dead letter of the laws, if the constitution had provided no other method to secure their actual enjoyment." -
          William Blackstone

          Comment

          • #6
            sreiter
            Senior Member
            • Dec 2008
            • 1664

            Originally posted by guntrust
            Please see my video at http://guntrust.org - yes, you can hold AW in trust, but no a trust is not an entity in CA so the trustee registers, not the trust.
            thanks
            sigpic

            "personal security, personal liberty, and private property"--could not be maintained solely by law, for "in vain would these rights be declared, ascertained, and protected by the dead letter of the laws, if the constitution had provided no other method to secure their actual enjoyment." -
            William Blackstone

            Comment

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