Why choose Colorado 2A Trust Law?

Your Colorado 2A Trust will be specifically tailored to meet your specific needs and circumstances. Your Colorado 2A Trust is designed from the “ground up” by an experienced attorney to address issues relating to the use, possession and transfer of firearms. Your Colorado 2A Trust will avoid the “Accidental Felony” of a person coming into constructive possession of your restricted firearms.

We believe a Colorado 2A Firearm Trust is the preferred method for purchasing or registering NFA firearms because:

Why use a firearm trust when I can simply register Title II firearms as an individual or corporation?

A firearm trust is the most comprehensive method to protect yourself and other individuals who you want to use or possess Title II firearms. With a firearm trust, you can name as many trustees as you want to use and possess Title II firearms. A firearm trust also allows you to properly pass those firearms to future beneficiaries, protecting them from criminal prosecution. Corporations and LLCs are usually easy to set up but do not offer the same estate planning tools that a firearm trust does. Further, if you fail to pay the annual filing fee, the Secretary of State can dissolve the corporation or LLC, leaving you and its members in the unlawful possession of unregistered Title II firearms.

Can I go online or use software like Quicken Will and Trust Maker?

Many people simply try to search online for a pre-made trust to fill in some blanks and submit it to the ATF. This is an exceptionally risky decision. Cutting corners is simply not an option when small, innocuous mistakes can result in ten (10) years of jail time. These firearm trusts that are posted online or given out at local or national gun stores are tremendously dangerous and should be avoided at all costs. Typically, they are not even drafted by attorneys.
While nothing is technically going to keep you from using software products, you should realize that they are not designed to address the complex issues involved with creating a firearm trust. Substituting a generic trust form for a firearm trust can also be dangerous, as these forms do not typically address applicable federal and state laws. Generic forms tend to be very simple and tend to only address how an individual’s property will pass on death.

A firearm trust should have specific language on how the firearms will be managed during your life and also direct whom they will pass to after your death. Important consideration must be given as to who will qualify as a co-trustee and beneficiary and whether they will be permitted by law to use and possess firearms. Beware of the doctrine of merger, whereby the trustee or trustees and beneficiary or beneficiaries are the same person. In some states, this can cause the trust to constructively dissolve because of the fusion of legal and equitable ownership.
Furthermore, the trust must be structured to ensure that at no time the sole trustee is also the solebeneficiary. Otherwise, the doctrine of merger would invalidate the trust, leaving that person in theunlawful possession of unregistered firearms.
Unlike a generic trust, a firearm trust should also include provisions that address what happens to the trust property if a settlor, trustee, or beneficiary becomes a Prohibited Person who is unable to use or possess any type of firearm. Typically, the firearm trust will automatically disqualify them from any rights they had from the trust agreement, thus protecting all the other trustees from an illegal transfer of possession.

I am single. Should I even bother setting up a firearm trust?

Presently, you may feel it unnecessary to establish a firearm trust to hold Title II firearms just for yourself. However, doing so now will provide you with the flexibility to amend the trust during your lifetime so that you may add or remove trustees and beneficiaries as the occasion arises. While you may not have a spouse or children right now, that may not be the case in the future. Also, there is the issue of constructive possession if you have a roommate who may have access to your Title II firearms. Furthermore, keep in mind that individuals purchasing Title II firearms must still pay the $200 tax stamp (as of October 2025). Later, if you wish to set up a firearm trust so that you can lawfully pass on your Title II firearms, you must pay an additional $200 tax stamp for each firearm transferred to a trust that was originally purchased in your individual name – at least until December 31, 2025.

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DISCLAIMER

The information contained on this website is provided for educational and informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. Colorado and federal laws frequently change. As a result, the content on this website is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter.