Who may access the firearms held by the firearm trust?
The trustees are the only ones who should access the firearms. The settlor can add as many or as few trustees as he wants. Note that all trustees will have specific duties and obligations to perform pursuant to the trust’s provisions. In some states, trustees must be at least 18 years old to possess the firearms held by the trust, and in others, they must be 21 years old. However, in order to purchase Title II firearms for the trust, trustees must be at least 21 years old.
A Prohibited Person cannot be in possession of a firearm and cannot be a trustee of a firearm trust. Furthermore, Prohibited Persons cannot directly own, purchase, ship, or transfer any type of firearm. The trustees of a firearm trust must ensure that they do not inadvertently transfer firearms held by the firearm trust to a Prohibited Person. These rules do not preclude a Prohibited Person from being a beneficiary of a firearm trust, but special arrangements must be made for the trustees to retain possession and sell the firearms, and only then to distribute the proceeds to the Prohibited Person beneficiary.
Who is considered to be a prohibited person, and can they be a trustee?
A prohibited person cannot be a trustee of a firearm trust. Furthermore, they are precluded from directly owning, purchasing, shipping, or transferring any type of firearm. The trustees of a firearm trust must also ensure that they do not inadvertently transfer firearms held by the firearm trust to these individuals. The following is a list of those individuals that are deemed to be Prohibited Persons under federal law, 18 U.S.C. §922(g). Each state may have additional restrictions. Please check your local laws in addition to this list.
- a) Any person who has been convicted in any court of a crime punishable by imprisonment for a term greater than one year;
b) Any fugitive from justice;
c) Any unlawful user of, or any person who is addicted to, a controlled substance;
d) Any person who has been adjudicated as having a mental defect or who has been committed to a mental institution;
e) Any alien who is illegally or unlawfully in the United States or, except as provided in 18 U.S.C. § 922 (y)(2), has been admitted to the US under a non-immigrant visa (as defined in 8 U.S.C. § 110l(a)(26));
f) Any person who has been discharged from the Armed Forces under dishonorable conditions;
g) Any person who, having been a U.S. citizen, has renounced their citizenship;
h) Any person who is subject to a restraining-order; and
i) Any person who has been convicted of a crime of domestic violence.
Can I add an individual as a trustee of the firearm trust if they live in a state where Title II firearms are illegal?
Yes. However, in this situation, the trustee will not be able to use or possess the Title II firearms within that state. They will only be able to use and possess them in those states that permit Title II firearms and items. Furthermore, if the trustee lives in a state that imposes additional restrictions on the use and possession of Title II firearms that are different then what the state where the trust was created requires, then they must also comply with those additional requirements. For example, the trustee’s state may require them to obtain a Firearms Identification Card before they can lawfully purchase or possess firearms.
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