Trusts are created based on state law. Generally speaking, a valid trust will be valid in all states. A trust would be interpreted based on the governing law chosen in the trust, which is almost always the law of the state where the trust maker resided when he created the trust. Sometimes a trust maker is required to use his own state's law. In other cases a trust maker can use another state's law. Other state laws might be desirable, particularly to maximize the duration of the trust.
While a gun trust would be subject to its governing law, local firearms laws must always be obeyed wherever firearms from the trust are located.
Sometimes people ask if they can create a trust in another state to be subject to that state's firearms laws. Regardless of what state law is used to create a trust, a person must always obey the laws, and particulalry firearms laws, in the jurisdiction where they are personally located. Thus a trustee may act on behalf of a trust to obtain NFA firearms like silencers/suppressor or short barrel rifles (SBR), but only where he personally has the legal right to transfer or make those firearms.
It's important to discuss these issues with a multi-state law practice focusing on these matters. Arsenal Attorneys is perhaps the only law firm offering direct attorney-client relationships for gun trust matters in about 40 states, which means we don't use a middle man. Consequently you will know who is responsible for the legal work performed in creating your NFA gun trust, and you will also know who to contact when you have questions.
You and your successors will likely have the opportunity to seek our support in the future even if you relocate to another state, which would be an entirely different jurisdiction with its own laws. Not only is the Arsenal Gun Trust™ designed to be portable and valid in other states, subject to local gun laws, but our national law practice could be there just when you need us.
Our law firm provides a variety of other services, including general estate planning, business services, criminal defense, and civil litigation. While we serve a variety of clients, we are renowned for our solutions tailored for the special needs of gun owners and the firearms industry. We represent many new and growing businesses in the firearms industry, including gun ranges and manufacturers. Arsenal Attorneys™ has also served as the general counsel for a presidential campaign. Please consider us when you face a new opportunity to pursue or an emerging problem to solve.
If you're located in metropolitan Washington, DC, watch for details of special events organized by our law firm. Our "Essentials of Self-Defense Law Seminar" is very popular and takes place at NRA Headquarters in Fairfax, Virginia. We also lead the organizing committee of the "National Capital Friends of NRA", whose banquet at Army Navy Country Club in Arlington, Virginia raises money for educational programs. To request more information about our services and upcoming events, review our webiste or use our contact form.
