One of the many benefits of a gun trust is that the trust creator can designate exactly how firearms are to be distributed or dealt with in the future. When the trust holder dies or becomes incapacitated, without a proper gun trust, those individuals who ultimately end up possessing the firearms could be breaking the law.
A California man was recently arrested for illegally possessing firearms. He is the surviving son of a gun owner who passed away this year and the firearms had once belonged to his father.
This case was particularly unique. The decedent happened to have owned and operated a gun range. His son, the man arrested, is a convicted felon. It is illegal for a convicted felon to possess a firearm or ammunition. Since the gun range owner had not invested in a gun trust, his surviving son now has another arrest on his record and had to pay $5,000 bail, not to mention the additional costs that may develop involving fines, court fees, and legal representation.
These charges and expenses could have been avoided if the decedent had established a gun trust. When a gun trust is drafted by an attorney, the unique terms are meticulously crafted with regard to the specific firearm items included and the trustees. These gun trusts also incorporate detailed guidelines for each person who serves as a trustee. These guidelines give the trustee explicit directions on how to handle and dispose of the firearms in the gun trust.