• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • Areas We Serve
      • Riverside County
        • Banning
        • Corona
        • Eastvale
        • Hemet
        • Menifee
        • Moreno Valley
        • Murrieta
        • Norco
        • Perris
        • Sun City
      • San Bernardino County
      • Orange County
      • Los Angeles County
      • San Diego County
    • Attorney and Staff Profiles
    • Our Reviews
    • Review Us
  • Elder Law
    • Conservatorships
    • Crisis Planning
    • Estate Planning for the Elderly and Chronically Ill
    • Planning for Long Term Medi-Cal
    • Planning for Veteran’s Aid and Attendance
  • Estate Planning
    • Advanced Estate Planning
      • Asset Protection Lawyer
      • Business Succession Planning
      • California Gun Trust
      • Charitable Planning & Philanthropy
      • Trustee Services
    • Estate Planning Service
    • LGBTQ+ Estate Planning
    • Married Couples Estate Planning
    • Persons with Large Retirement Accounts
    • Pet Planning
    • Special Needs Children
    • Special Needs Trusts
    • Trust Administration
    • Unmarried Couples Estate Planning
    • Unmarried Individuals Estate Planning
  • Probate
  • Will & Trust Contests
    • Conservatorship Contests
    • Probate Litigation
    • Tax Controversy and Tax Planning
    • Trust Litigation
    • Will Contests
  • Resources
    • Riverside, California Elder Law Resources
    • Docubank
    • Downloadable Handbooks
    • Elder Law
      • Elder Law Resources
    • Estate Planning, Elder Law and Tax Law Articles
    • Free Report – Able Account or Special Needs Trust
    • Free Report -Constructing Your Revocable Trust
    • Probate and Trust Administration
      • Bereavement Resources
    • Speaking Engagements
    • Useful Estate Planning, Elder Law and Tax Links
    • Webinars
  • Ask Dennis
  • Webinars
    • Webinar Recordings
    • Upcoming Webinars
  • Blog
  • Contact Us

Inland Empire Estate Planning Attorneys

Sandoval Legacy Group, a division of Holstrom, Block & Parke, a Professional Law Corporation

Connect with us today(855) 513-9876

Text Size A A A
LIVE WEBINARS REGISTER TODAY>>
Home » California Gun Trusts May Be Needed Now More Than Ever

California Gun Trusts May Be Needed Now More Than Ever

May 2, 2018California Gun Trust, Estate Planning, firearms, gun trust, guns, nfa trust, Trusts

Gun Trusts Provide Special Planning For Transfer of Rifles and Other Guns

With all the recent talk about banning assault rifles such as the AR-15, a California Gun Trust may be more important than it ever has been before. Gun trusts are specifically used to hold weapons regulated by the National Firearms Act of 1934 (NFA) and Title II of the Gun Control Act of 1968 (NFA or Title II firearms). Although gun trusts are designed to hold title to NFA forearms, they can be used to hold any type of gun.  NFA weapons can only be possessed and used by the registered owner. A gun trust is a legal method to assure that NFA weapons and other types of guns do not have to be turned over to local law enforcement officials upon the death of the owner.

What are the advantages of a California Gun Trust?

First, the executor of your estate may not be familiar with the law governing NFA weapons or even guns that are not registered under the NFA. He or she could be violating the law be possessing the weapons or transferring them without going through proper procedures. Transfer of firearms to a person convicted of a felony or misdemeanor domestic violence is prohibited. There are many other prohibitions against transfer of a firearm, including transfer to a person with a restraining order, a person who has been convicted of using controlled substances, or to an illegal alien, just to name a few. When the firearms are owned by the gun trust, the assets in the gun trust avoid probate proceedings and the executor of the estate is not involved in the transfer of the guns. A trustee who is well versed in federal and state gun laws can be designated to manage the gun trust without the need to get involved with probate proceedings.

Second, if you create a gun trust, you can arrange for the gun trust to stay in existence after the death of the current gun owner. The trustee and beneficiaries would have whatever rights are granted to them under the terms of the California Gun Trust. Because the firearms stay in trust after death, the cumbersome transfer process and interaction with ATF and the chief local law enforcement officer is avoided after the gun owner’s death.

Third, many gun advocates are hopeful that should California continue to make gun ownership more and more restrictive, ownership of the firearm under the gun trust will grandfather the firearms under current law.

The technicalities of federal and California law are such that not just any estate planning attorney can create a gun trust. Many internet websites advertise gun trusts for $50 – $500, but those trusts are usually drafted only taking federal law into consideration. The drafting of the gun trust is not the only thing that must be considered – there is also the registration of the firearms under the name of the trust as well as the administration of the trust after it is completed. These low cost websites offer the gun owner no assistance with these important considerations.

Gun trusts may have multiple trustees and beneficiaries. Normally, they are drafted to avoid probate and intended to be administered for the benefit of many generations. As such, you should only consider using an estate planning attorney experienced in drafting and administering gun trusts to assist you. Visit the website of Riverside estate planning attorney Dennis M. Sandoval to obtain more information about California Gun Trusts.

 

 

Have a question? Ask Dennis.
















  • Author
  • Recent Posts
Dennis Sandoval
Dennis Sandoval
Dennis Sandoval is the only attorney in California who has certifications in the three areas of estate planning, elder law and taxation. In 2014, the National Academy of Elder Law Attorneys (NAELA) designated Dennis as a Fellow, an award given to less than 100 elder law attorneys across the United States. He received his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar Board of Legal Specialization in 1998 and his Certified Taxation Law Specialist designation in 2000 from the same organization. He is a Certified Elder Law Attorney (CELA), a designation he proudly received in 2004 after meeting all the requirements established by the National Elder Law Foundation (NELF) and the American Bar Association. Dennis has also holds the designation as an Accredited Estate Planner® (AEP) from the National Association of Estate Planners and Councils.
Dennis Sandoval
Latest posts by Dennis Sandoval (see all)
  • 5 Reasons to Hire a Lawyer to Help You Probate an Estate - June 23, 2021
  • How Do I Become My Father’s Guardian? - June 26, 2020
  • 5 Steps for an Executor to Take Control As Soon As Possible - June 26, 2020

About Dennis Sandoval

Dennis Sandoval is the only attorney in California who has certifications in the three areas of estate planning, elder law and taxation. In 2014, the National Academy of Elder Law Attorneys (NAELA) designated Dennis as a Fellow, an award given to less than 100 elder law attorneys across the United States. He received his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar Board of Legal Specialization in 1998 and his Certified Taxation Law Specialist designation in 2000 from the same organization. He is a Certified Elder Law Attorney (CELA), a designation he proudly received in 2004 after meeting all the requirements established by the National Elder Law Foundation (NELF) and the American Bar Association. Dennis has also holds the designation as an Accredited Estate Planner® (AEP) from the National Association of Estate Planners and Councils.

VIEW RECORDED WEBINARS

“How To Create a Peace of Mind Out of Chaos” Recorded Wednesday, September 16 @ 11AM WATCH NOW

Inland Empire Estate Planning Attorney

Inland Empire Estate Planning Attorney

BLOG SUBSCRIPTION

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • YouTube

Where We Are

Sandoval Legacy Group, A Professional Law Corporation

See Larger Map Get Directions

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM

Friday by appointment only

Map

4300 Latham St., Riverside, CA 92501
SLG Riverside Office | 4300 Latham St., Riverside, CA 92501  •  Corona | 1897 California Ave., Ste. 102, Corona, CA 92881  •  Newport Beach | 4940 Campus Dr., Ste. A, Newport Beach, CA 92660  •  Temecula | 40810 County Center Drive, Ste. 150, Temecula, CA 92591  •  Riverside | 3780 12th Street, Riverside, CA 92501  •  San Diego | 3110 Camino Del Rio S., Ste. 308, San Diego, CA 92108  •  Vista | 380 S. Melrose Dr., Ste. 347, Vista, CA 92083

  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect To Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube
footer-logo

© 2023 Sandoval Legacy Group
A division of Holstrom, Block & Parke,
A Professional Law Corporation.
All Rights Reserved.

This site uses cookies Protect-Your-Wealth is a division of Holstrom, Block & Parke, a professional law corporation. This website uses cookies to improve your user experience. If you continue to use this site, you will be providing consent to our use of cookies.ACCEPTNoPrivacy policy