What Are The Benefits Of A Gun Trust For Estate Planning In Salem, VA
As a former criminal prosecutor, I am aware of state and federal gun laws and what behavior constitutes criminal conduct. While working on estate matters for clients who had no estate plan or poorly drafted plan, I have come across situations where innocent people unknowingly violate gun laws and commit an “accidental felony.”
Consider, for example, a generic Will drafted by a father who intended to leave his entire firearms collection to his beloved son. Suppose that the son was convicted of a domestic violence offense in Salem, VA before his father’s death. The Will names the father’s other child, his responsible, hard-working daughter, as the personal representative (also known as an executrix). Like many children, she and her brother meet at their dad’s home to divide his personal belongings. During that process, the daughter follows her father’s wishes and gives all of the guns to her brother.
A Gun Trust Can Help Avoid Many Legal Entanglements In Salem, VA
This man drives the firearms across the country to his home in another state. The daughter did not have a clue that she and her brother have just committed multiple felonies. Even worse, many gun laws don’t require that the violator have knowledge of the criminal law violation: both the son AND the daughter in this case could be convicted of a federal crime and imprisoned. The poorly drafted will in this situation left no alternative gift to the son, did not name an alternate beneficiary to receive the guns, and did not in any way address the laws pertaining to the possession or transfer of the firearms.
If these firearms had been transferred to a gun trust, the criminal behavior would have been more likely avoided in Salem, VA, because the trust would have in black and white prohibited the transfer to the son and alerted any attorney and the personal representative to this fact. In other words, the criminal behavior could have been completed avoided by the properly drafted gun trust. There would have been no question that the son could not receive the firearms. The trust would have directed that the guns go to the father’s alternate beneficiary.
Gun Trust For Holding Onto NFA Or Class 3 Firearms In Salem, VA
Many clients contact me because they have read that gun trusts are useful tools to obtain and hold firearms regulated by the National Firearms Act (NFA) in Salem, VA. These firearms are also called “Class 3” by many gun dealers and “Title II” by those in the legal field. Sharing possession of NFA firearms through a gun trust is a wonderful benefit of a properly drafted gun trust. However, our gun trusts are designed to provide this benefit and even more: they are a legal gun safe that will alert unknowledgeable citizens and attorneys to the restrictions on the transfer and possession of firearms, they outline a plan for the gun owner’s death and also for the gun owner’s incapacity, and they create a dynasty trust for the gun owner’s children.
What Are The Benefits Of A NFA Gun Trust In Salem, VA
A firearms collection in Salem, VA may be the product of one spouse’s interest. The other spouse tolerates this interest, but does not care nearly as much about the items that have accumulated. Due to death or disability, the disinterested spouse or other family member may be forced to manage or distribute the collection. Because of the vast amount of federal and state regulations pertaining to both NFA and non-NFA firearms, a disinterested spouse may make a mistake as to the applicable laws. A violation of the applicable laws usually results in the commission of a felony.
Because an Alex Kincaid gun trust is designed with this scenario in mind, there are detailed instructions to guide a trustee in handling the assets as well as an overview of applicable laws and regulations.
The Advantages Of A Gun Trust Over A Living Will In Salem, VA
A firearms trust is also designed to allow for multiple users of the items held by the trust. This is in direct contrast to a standard revocable living trust in Salem, VA. The firearms trust specifically allows for any named trustee, successor trustee, and any named beneficiary to have the ability to use or possess the trust assets. There is even a provision that will deem any person that you are shooting with a beneficiary of the trust so that person will be in lawful possession of the trust firearms. The trust also allows for the formal appointment of beneficiaries for a limited duration with a set expiration date. These “automatic beneficiaries” and “limited duration beneficiaries” have no rights for inheritance unless they are also listed as a “remainder beneficiary” in the trust, so you can enjoy sharing your firearms without worrying that you gave away more than you intended.
A firearms trust in Salem, VA also has many standard trust features such as avoiding the probate process for the firearms and the public record that the court system will create. The trust creator has the ability to create and update a tangible personal property memorandum, which grants different people specific items of a collection.
What Does a Properly Drafted Gun Trust Look Like In Salem, VA?
When properly written, gun trusts are powerful asset protection and estate planning tools in Salem, VA. A well-drafted gun trust will achieve the following for the gun owner who creates the trust:
1) Ensure that friends and family can lawfully possess and transfer trust-owned firearms during the gun owner’s lifetime;
2) Create a private plan that completely avoids the court system for all firearms if the gun owner becomes incapacitated or dies;
3) Eliminates most of the bureaucracy involved when acquiring NFA firearms;
4) Helps the successors and heirs to understand the gun owner’s desires related to all the trust-owned firearms;
5) Helps the ones you care about to comply with firearms laws when they possess or transfer the firearms;
6) Assists the gun owner to own firearms in more than one state; and
7) Ensures that neither gun owner nor any loved ones commits an accidental felony.
This Article Is Provided by Attorney Alex Kincaid
Choosing your weapon for self-defense - know your options
In many cities across the country, revolvers are the firearm of choice for self-defense of one’s person, family, and home.
They say that if you know you’re going to open fire during a dangerous confrontation, you only use your revolver until you can get to your rifled gun! That sounds all well and good for military personnel or police / police, yet the problem is you never know when a dangerous confrontation can suddenly appear.
For the average Salem, VA resident, the next best thing you can do is pack a concealed weapon with you at all times when in public so that you’re always in a position to protect yourself and/or a family member should a sudden, dangerous circumstance occur.
Although the mainstream media in this country rarely reports defend stories where a good guy with a firearm stopped a bad guy, many people would be quite shocked to find out just how often that actually occurs in this country! A search of conservative news reporting groups and stories posted by the National Shooting Sports Foundation and NRA websites reflect just how common it is that someone who is legally pack a concealed weapon protected their life or the life of another from an evil individual. If only the truth was reported accurately, the entire view of firearms by the liberal left in this country might even have a chance of changing public opinion.
For anyone in Salem, VA considering pack a concealed pistol legally in public, whether it be OC or CCW, I highly recommend that you speak to experienced, a professional and authorized instructor, along with doing your own research on the make, model, and bullet that is best suited for your physical stature and your defend needs. Luckily for the consumer, there is a very large number of options that will be suited for every possible self preservation need you may have.
Another consideration with the firearm itself is the bullet of which you wish to carry, unlike in the past where bullet size was critical, it’s no longer as important because of the major advancements in bullets construction, design, and stopping performance.
The most popular bullet by far is the 9 mm, and as such, a lot of development has gone into this particular bullet, leading to some major advancements in just the last five years. The cost of this bullet is relatively low, availability is widespread, and the physical recoil is extremely manageable in virtually all makes and models of firearms. Most importantly, it has the necessary stopping power to end the attack by an aggressor.
One thing to always remember is that regardless of the revolver or the bullets, the most important thing is bullet placement! You can fire 15 rounds at the bad guy, but if you only hit them once in the shoulder, there’s a high probability you are not going to stop their attack. Whereas one round properly placed in center mass, a heart shot, or a headshot, the fight is over immediately.
Make sure to do your research, talk to the Salem, VA local experts that are in the know and are authorized, ask a lot of questions, and before you make your final decision, I would highly suggest that you go to a reputable range with a instructor and try out the different makes and models of firearms to find that one that fits your hand perfectly. With just a little bit of effort, you can find the perfect revolver for your self preservation needs!