Frequently Asked Questions

 

What is a Revocable Trust?

Why is a trust better than other legal entities?

Are you an attorney licensed to practice law in my state?

Is your process automated?

What if I own NFA firearms personally?

May I change the people or property in my Trust?

Will my Trust be valid if I relocate?

How does the Arsenal Gun Trust™ handle my NFA firearms when I die?

How does the Arsenal Gun Trust™ protect me if I am incapacitated?

How does the Arsenal Gun Trust™ help me complete BATFE paperwork?

Do I need a Class 3 license to own NFA firearms?

Will the Arsenal Gun Trust™ protect NFA firearms I already own?

Does the Trust require a separate tax I.D. number and tax filing?

Do I need an attorney?

What is the minimum age for a person who can be named in my trust?

Do you expect new gun control laws?

What other services does Arsenal Attorneys™ offer?

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Q: What is a Revocable Trust?

A Revocable Trust is also known as a living trust or an inter vivos trust. It is a type of legal entity recognized by state law. Other legal entities include corporations and limited liability companies. For a trust to exist, there must be a Settlor (sometimes called a Grantor), who creates the trust, and trust property, which is entrusted to a trustee for the benefit of a beneficiary.

According to federal law and regulations, a 'person' may purchase NFA firearms and the definition of a person includes legal entities, such as trusts and corporations.(Code of Federal Regulations (27 C.F.R. Part 179.11) and Internal Revenue Code (26 U.S. Code §7701(a)(1)).

Each day, the federal government's Bureau of Alcohol Tobacco, Firearms and Explosives (BATFE or ATF) approves applications for NFA firearms made by trusts. The Arsenal Gun Trust™ has become the solution of choice, because it is specifically designed for firearms and intended to protect gun owners and their loved ones. Our clients include many gun dealers, law enforcement officers, military personnel, intelligence professionals, federal agents (including FBI, Air Marshals, and Secret Service), and civilian, law-abiding citizens. Many gun dealers nationwide recommend us, including Silencer Shop.

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Q: Why is a trust better than other legal entities?

Other legal entities, such as a corporation, require payment of fees to create them and annual fees and reporting to maintain them. Corporations must often submit their own tax filing, even if they have no income. If you ever dissolve the corporation, NFA firearms owned by the corporation must be transferred to a new owner and each transfer would be taxed.

Gun trusts do not have a filing requirement and the trust assets remain private. Trusts are generally taxed as an individual and do not require the same stringent reporting requirements and tax obligations of other legal entities. We address your Trust and taxes in our Arsenal Gun Trust™ User's Guide provided with your trust documents, but encourage you to consult with a CPA or Tax Attorney if you have additional questions or need more clarification on tax specific issues.

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Q: Are you an attorney licensed to practice law in my state?

Arsenal Attorneys™ only serves clients in those states where a member of our firm is locally licensed to practice law. You will have a direct relationship with our firm without any middleman involved. Currently we offer the Arsenal Gun Trust™ in nearly 40 states. All of our attorneys are covered by professional liability insurance.

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Q: Is your process automated?

Absolutely not. We prefer that every client receive about an hour-long personal consultation with one of our attorneys. For your convenience, these consultations can take place by telephone. At a minimum, two attorneys and a paralegal are involved in the drafting and preparation of each client's Arsenal Gun Trust™ document package. They ensure the finished product matches the individual goals of the client. The entire process can be completed promptly.

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Q: What if I own NFA guns personally?

One of the greatest dangers of personally owning NFA firearms is the legal restriction prohibiting anyone from handling your guns outside your presence. If you ever had an emergency or a routine deployment, no one could help you without facing serious legal risks. Under the legal doctrine of constructive possession, no one else may even have the opportunity to gain access to your NFA firearms. Practically speaking, this means your spouse would not be allowed to know where you hide the key to your gun cabinet and your cousin could not store your firearms while you are deployed.

Also, we believe estate planning is the most overlooked aspect of firearms safety. If anything happens to you, NFA firearms could create serious legal problems for loved ones who don't understand the law. The Arsenal Gun Trust™ and the included User's Guide provide guidance to loved ones in such situations.

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Q: May I change the people or property in my Trust?

As the Settlor of the Trust (sometimes called 'Grantor') you may change, amend, or revoke your Trust, and you may add or remove Trust Property. As life evolves and relationships change, your Trust can adapt to your needs.

Your Arsenal Gun Trust™ consists of an extensive package of documents prepared by Arsenal Attorneys™. It is a user-friendly solution, so you may best decide how any changes should be done in the future. You will not be forced to pay an attorney to change or maintain your trust. For those who do prefer a professionally drafted amendment or change to their Trust, Arsenal Attorneys™ provide these services at discounted rates to their own clients.

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Q: Will my Trust be valid if I relocate?

We prepare each Arsenal Gun Trust™ based on the law of the state where the client resides. Typically, the courts of other states willrecognizea valid trust created under the law of another state. When yourelocate, we recommend a review of your legal affairs by a lawyer licensed in your new home state. Most likely, Arsenal Attorneys™ can perform this review for you. If necessary, the governing law of your trust can be changed.

Most states require a notice to your beneficiaries and amendment to your trust regarding any change in the address of your trust. Arsenal Attorneys™ is available to discuss those requirements and options with you and provides those documents at a discounted rate to our clients.Note that you will need to be in compliance with the gun laws of your new location. Additionally, BATFE has its own reporting requirements for the relocation of NFA firearms.

Before you relocate, we recommend that you contact Arsenal Attorneys™ to determine the proper procedures and paperwork for compliance.

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Q: How does the Arsenal Gun Trust™ handle my NFA firearms when I die?

While the Arsenal Gun Trust™ ensures your wishes concerning inheritance are respected, our document package will also provide guidance to help ensure your guns are handled in a lawful and safe manner. For this reason, we recommend you use the Arsenal Gun Trust™ to provide estate planning for your entire gun collection. The Arsenal Attorneys™ have designed this benefit mindful of your privacy. Your estate planning will not unnecessarily disclose the details of your trust property and can help you keep your gun collection out of the probate court system.

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Q: How does the Arsenal Gun Trust™ protect me if I am incapacitated?

Through your personal consultation with Arsenal Attorneys™, we will identify others who may lawfully handle your firearms if you are incapacitated and name someone in your Trust to ensure you are protected. For example, if you're hospitalized with mounting hospital bills, your 'Successor Trustee' may sell all or some of your Trust Property to support you. Equally important, your firearms will be safe and the person(s) protecting your guns will not be at risk of violating the National Firearms Act.

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Q: How does the Arsenal Gun Trust™ help me complete BATFE paperwork?

According to BATFE policy, you may use your Arsenal Gun Trust™ to submit BATFE Form 1 to manufacture an NFA firearm or Form 4 to purchase one.  When answering the form's request for the 'maker' or 'transferee', you will identify yourself in the capacity of Trustee of your Trust and you will attach a copy of your Trust.  When making a retail purchase, your federally licensed gun dealer will take care of the ATF paperwork for you. The Arsenal Gun Trust™ is designed with your privacy in mind and limits the documents provided to the ATF that identify Trust Property.  This design is disclosed in your consultation and your trust's User's Guide provides you with a checklist of items to provide to BATFE.  Each day, BATFE approves numerous applications using trusts in this manner.

Clients also receive the Arsenal Gun Trust™ User's Guide.  For years to come, it will be a useful reference to help you manage your Trust and use if for safe and lawful gun ownership.

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Q: Do I need a Class 3 license to own NFA firearms?

No. A Class 3 license is required for a gun dealer who sells you an NFA firearm. If you are eligible to own an NFA firearm, you may submit either BATFE Form 1 or 4 to obtain permission from BATFE.

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Q: Will the Arsenal Gun Trust™ protect NFA firearms I already own?

Many of our clients already own NFA firearms and they transfer their existing NFA firearmsinto their Arsenal Gun Trust™ to enjoy the benefit of the risk management and estate planning offered by the Trust. Individually owned NFA firearms are not protected by the trust until they are transferring into the trust.

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Q: Does the Trust require a separate tax I.D. number and tax filing?

All trusts must have a tax I.D. number; however, a trust you create may use your own social security number. For privacy, some clients prefer to get a separate tax I.D. for the trust

Clients sometimes prefer to obtain a tax I.D. for their trust if they plan to open a bank account for their trust (an option we can discuss in our personal consultation). We do recommend obtaining a tax I.D. number for our multigenerational trust because your social security number would expire at your death.

Any taxable incomeearned from your gun collection willbe addressed in your own personal tax filing if you have a trust, regardless of whether your trust as a tax I.D issued. If your firearms ordinarily do not create tax issues for you, they are unlikely to do so once you create your Trust.

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Q: Do I need an attorney?

We recommend hiring or at least consulting with an attorney who is familiar with trusts as well as firearms. Each of our attorneys who handle client consultations is a licensed firearms instructor.

If your gun dealer provides a trust, he is committing the crime of practicing law without a license. If that trust is invalid or flawed, you will have no recourse if he provides you bad advice and his own insurance will not cover legal malpractice.

Generic trusts (including those provided by an inexperienced attorney), do-it-yourself kits, or anonymous comments on the internet are inherently risky. Trusts typically found online are not designed specifically for gun ownership and they offer insufficient protection of your privacy, safety, or control over firearms.

The Arsenal Gun Trust™ has been designed by attorneys to meet the standards of trust law throughout the nation. Further, the Arsenal Gun Trust™ anticipates almost every issue of firearm ownership, including NFA firearm ownership. While Arsenal Attorneys™ is based in Virginia, our law firm consists of a team of attorneys licensed in and familiar with the laws and regulations of the nearly 40 states we serve.

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Q: What is the minimum age for a person who can be named in my trust?

There are different roles within the Arsenal Gun Trust™ with different benefits and responsibilities. You can name anyone of any age as a beneficiary. If your beneficiary is not old enough to own or possess the firearms at the time of inheritance, the trust is designed to have a 'Successor Trustee' hold the property until your beneficiary is old enough.

With regard to persons who are able to possess, store, use, and transfer firearms, they must meet all of the local and federal regulations. Generally, a person must be at least 18 years old to possess and store firearms, including NFA firearms. However, the transferring of certain firearms, particularly through an FFL, including NFA firearms likely require that the person be at least twenty-one years old. These distinctions and classifications are addressed within the Arsenal Gun Trust™ documents including the User's Guide and can also be discussed in further detail during the consultation.

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Q: Do you expect new gun control laws?

For those who have studied the recent history of NFA firearms, there is much confusing information.  A proposal by the Obama administration originally called '41P' became a final order known as '41F'.  It created additional requirements for the registration of NFA firearms effective July 13, 2016.  In response, Arsenal Attorneys developed cutting edge solutions in our Arsenal Gun Trust to help mitigate the impace of 41F.  If you are interested in NFA firearms, it's more important than ever to use a propertly drafted and updated trust.

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Q: What other services does Arsenal Attorneys™ offer?

Arsenal Attorneys™ serves clients in the areas of criminal defense, business law, contracts, family law, and estate planning.

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matthew_bergstrom
Managing Attorney Matthew Bergstrom leads our team of in-house attorneys to serve clients from many states. The firm includes lawyers who are NRA-certified in firearms safety to help guide clients and their loved ones in the prope rand safe handling of gun collections. We also advise firearms-related businesses, including FFLs, to help them reduce risk and succeed. Our solutions prioritize firearms safety, privacy, and risk management. For clients interacted in our Arsenal Gun Trust, we are ready to serve you at your convenience by phone and email.
 

 

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Office Locations:


Mailing Address: 
3033 Wilson Boulevard, Suite 700
Arlington, Virginia 22201
(Clarendon Metro)

Additional Locations in Virginia, Maryland, and the District of Columbia:
Alexandria, Bethesda, Fairfax, Tysons, and Washington, DC.