The Law Office of David J. Salvin
SO YOU WANT A GUN TRUST (FAQ’S)
"What guns can I get in California with a gun trust?"
A gun trust allows you to obtain a federal tax stamp which will allow you to get an "AOW" (any other weapon) as defined by federal law and which is banned under PC§12020. Click "Guns you can get" to see examples.
"Why do I need a gun trust to get NFA items?"
Because while the Federal Law allows you to get a tax stamp as an individual, you need law enforcement permission, and in most places California, that is impossible. However, a trust does not require law enforcement permission to get a tax stamp.
"Is this legal in California?"
Yes, it is perfectly legal. The penal code section banning short barreled shotguns has an exception for federally stamped "AOW’s". However, be aware that few officers know of this procedure, so it is important to keep all your paperwork with you any time you have your NFA item out of your house, and while you cannot be convicted, being on the "cutting edge" of firearms law may subject you to the inconvenience of detention or arrest by uneducated police officers.
"How much does a gun trust cost"
I currently charge $300.00 for drafting all of the basic trust documents for you and customizing them to your particular needs.
"How long does it take to get my trust completed"
Once you get me the paperwork I need, it will be ready for you to print and get notarized in about 3-5 business days.
"What is a trust?"
Think of a trust as a storage container. It is created by a legal document, and you can put whatever you want in it. Trusts have limited usefulness to avoid probate, taxes and other purposes. While they generally do not last forever, they do extend well beyond the maker’s death.
"How does a trust work?"
Once created, a trust acts like a safe deposit box which you can use to put anything you want in it to keep safe and to pass along to your family or whomever you wish after you die.
"What is a trustee?"
A trustee is a person named by you to maintain the stuff you put into the trust.
"What is a beneficiary?"
A beneficiary is a person you designate to benefit from the trust or to receive the items in the trust after you die.
"Who would have access to my gun(s) if put into the trust?"
As the creator of the trust, you would have the first and primary access to the guns. However, any other beneficiary and/or trustee you nominate also could have access to them in your absence if you so desire.
"Other than to get AOW weapons, what else is a gun trust good for?"
In addition to allowing you to get certain NFA items, (including the Serbu shorty, and the Taurus Judge) any weapons in the trust would be held by the trust after you die which allows you to determine who gets the guns or who has access to your guns after you die. Also, if the State moves to ban a class of weapon already in the trust and stop the transfer of those weapons (like they did in 1989 and 2000) your family or other beneficiaries would be able to use and enjoy the banned items for generations to come.
"Can I put other guns in the trust later on?"
Yes - simply by adding(or removing) them to/from a single addendum page to the trust, you can add or remove all the guns you want. You can also change the beneficiaries and/or trustees at any time but the trust should be professionally amended in those cases.