Gun trusts (Read 1794 times)

tim808

Gun trusts
« on: July 22, 2023, 04:41:39 PM »
Hawaii is turning bluer.  I’m thinking that eventually a lot of firearms will not be allowed - similar to Washington.  (Which I thought was more red than Hawaii)

Our plans have changed.  Our kids are now planning to move back to Hawaii…so we are not moving to Washington.

Washington has “grandfathered” existing guns already in the state.  I assume people cannot just pass down their “ grandfathered” items to their kids

I’m trying to read up about gun trusts. 

I’m thinking of setting up a gun trust for each kid before Hawaii restricts certain items similar to WA. 

I’m hoping the gun trusts will allow transferring my items to my kids even if Hawaii restricts them - even if my kids move back after a ban is in place.

So I’m thinking of buying multiple completed psa ar lowers (and possibly multiple bcm uppers….I need to look at the WA ban list)
and putting them into the trusts

I’m thinking if the items are in state and the trusts are in place before a ban - my kids will be able to get the items if they move back after the ban is in place.

I need to read more about trusts and the cost.   If it is pretty costly, I guess they will just need to get by on pistols and semi auto shotguns :-)

Flapp_Jackson

Re: Gun trusts
« Reply #1 on: July 22, 2023, 05:36:19 PM »
From what i've researched, the #1 reason to have a gun trust -- i.e. one that is separate from yout regular financial trust -- is owning NFA restricted items.

If you have a suppressor and a machine gun, you can't let anyone else use it unless they also send the ATF $200 and the proper forms -- then wait forever.  And as we know, machine guns can't be transferred (with some exceptions) -- so, no lending or borrowing either.

By putting your NFA items in a trust and naming other family members and friends as co-trustees or beneficiaries, they all have legal access to everything contained in the trust.  If Uncle Joy wanted to borrow that machine gun, he's legally allowed since the actual owner is the trust of which he is a part.

If the purpose of the trust it to bequeath it, then the trust also makes that easier.  if the heir is a beneficiary of the trust, there's no transfer needed and no ATF applications or taxes.

For regular firearms, you can include those in your personal trust that you might have your investments, bank accounts and home part of.  Without any trust in place, the inheritance process will be a little more effort -- permits, NICS background check, HI registration for the heir -- but it saves the hassle of setting up and managing a trust.  It can also save money if you feel the need to hire an estate planner/attorney.

Gun trusts have become popular for shooters allowed to own NfA items where they live.  Lots of benefits and very little downside.

Trusts survive the trustees, therefore there's no transfer or inheritance.  A name is merely removed from the trust's list of trustees.

 :shaka:
« Last Edit: July 22, 2023, 05:41:52 PM by Flapp_Jackson »
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

tim808

Re: Gun trusts
« Reply #2 on: July 22, 2023, 07:32:32 PM »
Thanks Flapp!  I noticed that the gun trust was mainly geared to the fun stuff

I was hoping if I do gun trust before a ban, the gun trust could be used as a vehicle to let my kids keep the ar’s in their homes even if they move back after a ban is in place.

I’m thinking if I put the ar’s only in a regular trust, if the kids move back after a ban, the guns can only stay in my home.  When I pass, they will inherit the ar’s….but won’t be able to register them and will need to sell them on gunbroker to people on the mainland

I’m hoping Hawaii laws and the gun trusts will allow my kids to keep the ar’s in their homes - if they move back after the ban and the gun trust was made while they were not Hawaii residents

Our friend is a lawyer, I should pick his mind
« Last Edit: July 22, 2023, 07:45:23 PM by tim808 »

Flapp_Jackson

Re: Gun trusts
« Reply #3 on: July 22, 2023, 08:38:04 PM »
Thanks Flapp!  I noticed that the gun trust was mainly geared to the fun stuff

I was hoping if I do gun trust before a ban, the gun trust could be used as a vehicle to let my kids keep the ar’s in their homes even if they move back after a ban is in place.

I’m thinking if I put the ar’s only in a regular trust, if the kids move back after a ban, the guns can only stay in my home.  When I pass, they will inherit the ar’s….but won’t be able to register them and will need to sell them on gunbroker to people on the mainland

I’m hoping Hawaii laws and the gun trusts will allow my kids to keep the ar’s in their homes - if they move back after the ban and the gun trust was made while they were not Hawaii residents

Our friend is a lawyer, I should pick his mind

Hopefully he's got experience with this particular thing.  So many lawyers have general knowledge in most things while having in-depth knowledge in some specialty.

The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

tim808

Re: Gun trusts
« Reply #4 on: July 22, 2023, 09:45:05 PM »
Hi Flapp,
He’s not really a gun guy…. I don’t think he owns any.

Yeah, he might not have much experience in gun trusts.

I’m hoping someone on here has done a gun trust

changemyoil66

Re: Gun trusts
« Reply #5 on: July 22, 2023, 11:06:00 PM »
Hawaii laws often dont have grandfather clauses.

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groveler

Re: Gun trusts
« Reply #6 on: July 23, 2023, 06:06:42 AM »
" (Which I thought was more red than Hawaii)"
Not really, the big difference is they pay attention to the Constitution
and bill of rights where Hawaii is still stuck in plantation Monarchy mode.
I'm working on being a legal resident of WA state again.  I physically live in Hawaii
but have given up on your fuked up government.
I can no longer vote in Hawaii not that it ever was counted anyway.

I have a ballot for county council and  school
board members in Grey's harbor WA,
Which I know will be counted.
Notice they vote vote for who runs the schools!
 :shaka:




tim808

Re: Gun trusts
« Reply #7 on: July 23, 2023, 08:19:59 AM »
Grandfather - you could be right.  The only thing I know is one of my former co-workers legally owns an uzi pistol and he claims uzi pistols are now banned.  Idk much about uzi’s and if they are banned…..so he could just be full of it or just doesn’t know what he is talking about or he could be on point.

Most places follow past precedence but not always.  Most places follow the examples of other states.  It’s just easier (lazier, efficient).  Being a trailblazer is more difficult, have to justify things.  By grandfathering, it appeases the current owners and over time eventually most of the ban items are gone cause a bunch will get sold out of state.  For better or worse, I’m banking on the efficiency/laziness of the politicians to grandfather banned stuff (talking guns like ARs, AKs). 

Idk if they will grandfather hi cap mags for rifles.  For them it won’t really matter anyway…..cause most of the ARs and AKs will be gone in a generation.

It’s not really the government.  It’s the people.  That’s a whole other topic. 

With the current situation in WA, why not a more red state like Idaho, Utah or Arizona?
« Last Edit: July 23, 2023, 08:36:52 AM by tim808 »

changemyoil66

Re: Gun trusts
« Reply #8 on: July 23, 2023, 01:16:44 PM »
Grandfather - you could be right.  The only thing I know is one of my former co-workers legally owns an uzi pistol and he claims uzi pistols are now banned.  Idk much about uzi’s and if they are banned…..so he could just be full of it or just doesn’t know what he is talking about or he could be on point.

Most places follow past precedence but not always.  Most places follow the examples of other states.  It’s just easier (lazier, efficient).  Being a trailblazer is more difficult, have to justify things.  By grandfathering, it appeases the current owners and over time eventually most of the ban items are gone cause a bunch will get sold out of state.  For better or worse, I’m banking on the efficiency/laziness of the politicians to grandfather banned stuff (talking guns like ARs, AKs). 

Idk if they will grandfather hi cap mags for rifles.  For them it won’t really matter anyway…..cause most of the ARs and AKs will be gone in a generation.

It’s not really the government.  It’s the people.  That’s a whole other topic. 

With the current situation in WA, why not a more red state like Idaho, Utah or Arizona?
For mags, all the bills that went thru the legislature had no grandfather clause.

Same with assault weapon bans here.

Which is why i bring the subject up.

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jc2721

Re: Gun trusts
« Reply #9 on: July 23, 2023, 03:30:31 PM »
"Assault pistols" like the Uzi pistol were banned years ago.  IF at the time the law went into effect you owned such a piece you were "grandfathered in" and could legally continue to own it.  However, one could NOT sell, bequeath, gift or otherwise transfer it to another Hawaii resident, in that they were prohibited from owning such a pistol.  One could sell their "assault pistol" to a resident of another state wherein the possession of such a firearm was not prohibited.

So, if this guy had an Uzi pistol at the time the assault pistol ban went into effect he could legally still possess it today.

tim808

Re: Gun trusts
« Reply #10 on: July 24, 2023, 07:52:18 AM »
That’s interesting that the politicians would try to not allow grandfathering.  I guess they thought it wouldn’t be that difficult to pass.  “Want it all, want it now” and instead got none.   Lucky for us, they are impatient and don’t play the long game. 

I hate to say it but I feel those politicians in WA are cunning and doing a slow squeeze.

I got a PM from another member who was also looking into a gun trust….a lot of good insights. 

I’ll drop looking into a gun trust.  I better talk to my friend who is in the HRA and see what I can do to help with increase the # of gun owners.

Too bad couldn’t do the SSF for a while.  I think that helped to build a bigger base.

I don’t watch/read local or national news.  Have there been a lot more mass shootings?  I assume this is why WA banned a lot of items.

Locally, a lot more shootings than “normal”?  I guess I better google

tim808

Re: Gun trusts
« Reply #11 on: July 24, 2023, 08:31:16 AM »
Did a quick google

14 homicides, 41 suicides in 2019

40% of homicides were by gun.

I’ll google more, sort of curious on the % of which firearm type was used.  I’m guessing pistols - and that most were not registered to the person that used them.

Still looking for a pie chart that showing shows all causes of death to see the % of deaths caused by homicide.

Kind of early, but im thinking if the politicians would maybe focus on stiffer penalties for possession unregistered firearms and making it harsher on people who use unregistered firearms to commit a crime that it would appease most of the people that vote.   I’m thinking most people are afraid of “thugs”, not law abiding people who own guns.

I’m thinking thugs aren’t that dumb.  If tougher laws are in enacted, I’m thinking they will carry weapons that will have smaller consequences.  (I thought I heard that stabbings are increasing….so maybe there are already tougher laws in place?   More googling….)

This is like going down a rabbit hole.  Maybe better for me to not worry about giving my ar’s to the kids and just expect to get shotguns for them instead :-)

Nonetheless, still interesting to read about and learn about.