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Posted: 2/18/2021 8:33:21 AM EDT
[#1]
There is absolutely no reason to put title 1 guns into a trust.
Want your buddy to carry your gun? Hand it to him, he has a permit. |
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Posted: 2/18/2021 10:25:15 AM EDT
[#2]
Quote HistoryQuoted: There is absolutely no reason to put title 1 guns into a trust. Blanket statement isn't exactly true. Original poster--talk to an estate attorney who knows gun laws (Jeff Crown comes to mind). There are some benefits, but since I'm not a lawyer, I won't offer anything resembling legal advice here. |
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Posted: 2/18/2021 4:46:36 PM EDT
[#3]
Quote HistoryQuoted: Blanket statement isn't exactly true. Original poster--talk to an estate attorney who knows gun laws (Jeff Crown comes to mind). There are some benefits, but since I'm not a lawyer, I won't offer anything resembling legal advice here. I second Jeff Crown for these types of issues. |
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Posted: 2/18/2021 6:46:51 PM EDT
[#4]
I think I remember back in the before Time that AW classified guns could only go into a "preban trust" not sure if that's true.
As for pistols and regular guns I believe you just call it into the state and get an authorization number. And then it would have to be listed in the schedule of the trust |
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Posted: 2/19/2021 8:27:53 AM EDT
[#5]
Quote HistoryQuoted:Blanket statement isn't exactly true. OK, go... What is a trust going to accomplish, for a Title 1 firearm, that a simple will won't? The only reason trusts became popular was so you could efile and a trust didn't require CLEO sign-off. Now, it's just to share NFA items. The Trust just declares the beneficiaries, same as a will. You still need to do a Form 5, after death, for transfer to new party; regardless of if it's on a trust or not. I could only assume there's some super special situation, which affects a miniscule amount of people, to which having a Title 1 firearm in a trust has benefits. |
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Posted: 2/19/2021 10:14:12 AM EDT
[#6]
Quote HistoryQuoted: I could only assume there's some super special situation, which affects a miniscule amount of people, to which having a Title 1 firearm in a trust has benefits. There are other scenarios where it might make sense (which came up in a conversation I had with an attorney), but since I'm not one, and I'm guessing you're not one either, let's leave the legal advice to them. |
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Posted: 2/19/2021 10:16:25 AM EDT
[#7]
Quote HistoryQuoted:There are other scenarios where it might make sense So, you're not going to share? Gotcha 
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Posted: 2/19/2021 5:45:19 PM EDT
[#8]
So I am still looking for the answer. Can i just add them to the trust or do the need to be transfered to the trust.
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Posted: 2/19/2021 6:53:09 PM EDT
[#9]
Quote HistoryQuoted: So I am still looking for the answer. Can i just add them to the trust or do the need to be transfered to the trust. It's definitely a transfer. The archives here are messed up now but there were a few threads |
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Posted: 2/19/2021 7:28:32 PM EDT
[#10]
Quote HistoryQuoted: It's definitely a transfer. The archives here are messed up now but there were a few threads Yeah the archives are foooked. There were a couple of threads way back when around 4/4/13 and after that delved into the whole gun trust issue post 4/4/13 and the new requirements for long gun transfers. Prior to 4/4/13, because there was no requirement for paperwork or background check for long gun face to face transfers, it was routine to move a long gun into a trust with no hassles. Not so (apparently - if I remember the old thread discussions correctly) post 4/4/13, really post 4/1/14, when the new long gun transfers requirements went into effect. Particularly this language; "... no person may purchase or receive any long gun unless such person holds a valid long gun eligibility certificate issued pursuant to section 29-37p, a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, a valid permit to sell at retail a pistol or revolver issued pursuant to subsection (a) of section 29-28 or a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f." Only old post I could find in quick google search of ARFCOM was this one that says the same. No. |
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Posted: 2/19/2021 10:33:07 PM EDT
[#11]
I believe the only way to add any guns into a trust was to do it prior to 4/4/13. Atleast that's what I was advised. All of my AWs are registered to my trust.
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Posted: 2/20/2021 11:40:08 AM EDT
[#12]
Quoted: So I am still looking for the answer. Can i just add them to the trust or do the need to be transfered to the trust. If you want the right answer, talk to an attorney. If you want to gamble, wait for an answer on an internet forum from some anonymous “expert”. Asking here is like getting medical advice from WebMD. 
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Posted: 3/8/2021 2:25:29 PM EDT
[#13]
Quote HistoryQuoted: OK, go... What is a trust going to accomplish, for a Title 1 firearm, that a simple will won't? The only reason trusts became popular was so you could efile and a trust didn't require CLEO sign-off. Now, it's just to share NFA items. The Trust just declares the beneficiaries, same as a will. You still need to do a Form 5, after death, for transfer to new party; regardless of if it's on a trust or not. I could only assume there's some super special situation, which affects a miniscule amount of people, to which having a Title 1 firearm in a trust has benefits. A trust avoids probate. This cuts down on time and expenses and taxes if you are in that tax bracket. A trust is private and no asset will be made public. A trust never dies unless the trustee wants it to. No NFA forms are needed for a transfer to those listed as trustees in the trust. There are lots of reasons to have a trust. But most of us do not have the kind of bank account that would make a trust really beneficial. |
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Posted: 3/8/2021 2:28:34 PM EDT
[#14]
Quote HistoryQuoted: So I am still looking for the answer. Can i just add them to the trust or do the need to be transfered to the trust. They will need to be transferred into the trust just as if you sold them to another person. You will not be able to transfer any registered assault weapons into the trust. |
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Posted: 3/8/2021 2:29:40 PM EDT
[#15]
Quote HistoryQuoted: I believe the only way to add any guns into a trust was to do it prior to 4/4/13. Atleast that's what I was advised. All of my AWs are registered to my trust. This is only for assault weapons not regular guns. |
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Posted: 3/8/2021 3:24:58 PM EDT
[#16]
Quote HistoryQuoted: They will need to be transferred into the trust just as if you sold them to another person. How does that work with a Trust when the current face to face transfer process indicates the person receiving the firearm has to have a permit/certificate and one has to do a sales authorization call? |
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Posted: 3/9/2021 1:20:08 AM EDT
[#17]
Quote HistoryQuoted: They will need to be transferred into the trust just as if you sold them to another person. You will not be able to transfer any registered assault weapons into the trust. So unregistered prebans can transfer, the sbr is on the trust and pistols are transferable. Ii just dont know what i am supposed to tell dps when i call to transfer them. They will ask for permit number and the trust doesnt have one. |
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Posted: 3/9/2021 11:31:14 AM EDT
[#18]
I have a mark zeck trust. At the time my trust was created, Zeck also agreed with this statement. But he went on saying the state didn't agree with calling in transfers to a trust.
Quote HistoryQuoted: I think I remember back in the before Time that AW classified guns could only go into a "preban trust" not sure if that's true. As for pistols and regular guns I believe you just call it into the state and get an authorization number. And then it would have to be listed in the schedule of the trust |
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