Jenkins Fenstermaker, PLLC

Local: 304.521.4571

Toll Free: 866.617.4736

Quality. Dedication. Service.

Protect Your Second Amendment Rights with the Help of a Gun Trust Lawyer

Photo of Anna Price

The Second Amendment of the United States Constitution grants us the right to bear arms. It states as follows: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." A gun trust lawyer can help you exercise this right for yourself and your heirs.

How can a gun trust lawyer help protect your Second Amendment rights?

The National Firearms Act (NFA) regulates some specific types of firearms, such as short-barreled shotguns, modified shotguns or rifles, machine guns, and silencers. These regulations include background checks and transfer taxes on these types of firearms. It is sometimes difficult for an individual to meet all the requirements of the NFA regulations to qualify to own or possess NFA firearms in West Virginia (WV) or elsewhere.

A gun trust lawyer can help make it easier to obtain ownership in compliance with the NFA handbook regulations and to share them among family members. What's more, an attorney with gun trust experience and knowledge can also help ensure a smooth transfer of NFA weapons after death.

The Benefits of Hiring a Knowledgeable Gun Trust Lawyer

NFA Ownership and Regulations

There are a number of criteria that an individual must meet to own an NFA firearm whether they live in WV or elsewhere. A gun trust can help ensure that those criteria are well-organized and met. In fact, when a gun trust is used, some of the requirements that usually apply to the ownership of some types of firearms do not apply.

NFA Firearm Access

By law, an NFA firearm cannot be accessible to individuals with no legal authority to own or possess it. Thus, if you keep such a weapon in your home with others living there who cannot legally own the weapon, you must store the firearm in a place where these people cannot access it.

However, an NFA gun trust can be written to include several trustees, including family members who my need or want access to the firearm. When paired with proper clearance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), a gun trust can ensure your loved ones are not unknowingly committing a felony. The trustees can have access to the NFA firearm listed in the gun trust.

Transition to Heirs at Death

A gun trust also serves as an estate planning document. When the original owner of a NFA firearm dies, that firearm goes through the probate process. Any heir must meet NFA regulations to inherit the firearm. A gun trust lawyer can help your heirs avoid the scrutiny of the probate process by naming your heirs as trustees of your gun trust.

Decrease Taxes

The NFA imposes certain transfer taxes on NFA firearms. These taxes can often be circumnavigated through the terms of a gun trust. While there is a tax on the transfer of the property, the trust can help to lessen the overall tax burden.

Protect Your Second Amendment Rights with a Gun Trust Lawyer

The NFA creates some challenges to owning certain types of firearms as well as to the transfer of those firearms upon death. It is important to make sure that ownership of NFA firearms meets legal requirements.

A gun trust lawyer can help make sure you have the proper documentation in place so that you do not have to worry about your ownership or eventual transfer of an NFA firearm. To learn more about gun trusts in WV, contact me, Anna M. Price. You may reach me directly by calling (866) 617-4736 or by completing our firm's Contact form.

No Comments

Leave a comment
Comment Information