ATF Rule 41F and changes in law… somebody slammed my gun trust! (10/20/19) 

By  Dennis Brislawn

Gun trusts have been all the rage during the past few years.. and still are in great demand.  Gun manufacturers sell them, gun shops sell them, attorneys sell them, you can do one yourself off the Internet… but who backs them up when the laws change?  Do these people actually know the federal and state issues created by a gun trust?  And could anybody (even an attorney) actually write the perfect gun trust to deal with all the unknown future laws? 

We all know that things can always be improved.  Things change, we learn new things, we gain new experiences.  For example, I have practiced law since 1988 and studied with some of the best, brightest and most creative attorneys in the country.  They wrote trusts, I wrote trusts, and we all watched tax laws change every couple years, estate and business laws change in various states, and each time our “best”documents needed updating to take advantage of these new laws.

Change is good, not bad.  And, it’s just life.  When getting it wrong might be a crime… we have extra incentive to get it right!

Anybody with a gun trust should review it with an attorney well versed in federal and state firearms law.  Recent changes in NFA Division guidance has resulted in trust language updates and an amendment for our gun trusts written prior to July 23, 2019.  You can find a link to the amendment here.  Changes in state laws similarly affect trust and ancillary document design.  Both Washington and Oregon continue to change state firearms law on an every year or so either by initiative or legislation.  We rewrote our system in 2016 and recommend full restatement of trusts written prior to that year

Attorneys with an active gun trust practice constantly tweak improve their documents… but also teach you how to use them.   If you have a free gun trust, or an online trust, any kind of do it yourself gun trust, or even one done years back by an attorney… review it and see what new features are available to help you enjoy your firearms… to have less risk while you do so. 

An old gun trust may not be your friend… or your loved ones’.

About the author 

Dennis Brislawn

Dennis is a partner in Northwest Gun Law Group.

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