Gun trusts have become more popular in recent years because gun owners fear that there will come a time when all firearms will become restricted, like those controlled or banned outright under the National Firearms Act of 1934 and Title II of the Gun Control Act of 1968. It is unlikely to happen in Utah, where gun laws are relatively relaxed, but it may be best to be prepared.
Here are some things to confirm with your Utah gun trust attorney.
Should I get a gun trust for my regular firearms?
You can if you want to avoid probate for your firearms. It may also be advisable if your trustees live in a state with stricter gun laws. However, not all lawyers can prepare a gun trust appropriate for non-Title II firearms. Make sure that your gun trust has the right language to avoid problems later on. Go to an experienced gun trust lawyer to be on the safe side.
Who are eligible to be trustees?
You can name anyone and as many as you want as a trustee. However, trustees are still subject to certain restrictions. They have to be 18 years old before they can enjoy the rights as a gun trustee, and must not have a felony record. Any trustee with a felony record found in possession of a firearm can face criminal charges. You will also lose the firearm. You should not name anyone who may not legally possess firearms as a trustee.
Can I put more than one gun in a trust?
You can put all your firearms in one trust if the gun trust provides for it. Your gun trust should not have limitations on the number of firearms you can buy with it or transfer to it, or when.
How much does a gun trust cost?
You can expect to pay an experienced gun trust attorney between $100 and $1,000 for a gun trust. The cost will depend on the complexity of your requirements. You may be tempted to have your gun dealer make one for you, or use certain software to generate on to save money. Do not give in to the temptation. It may cost you much more in the end.
A gun trust is a legal document, and the law is rarely as simple as it sounds. If you want to keep your firearms legally, go the extra mile and have it done right.