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SuRrEaLNJ

Firearms in a will? Trust?

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Me and the wife are expecting, which has brought about a lot of changes to the things I need to do, life insurance, etc.

The wife and I are going over things like godparents and our will, and I realize that I have no current provision for any of my firearms. Our current will was done by a friend who's a NY Lawyer who primarily does environmental cases, but they were able to set us up with the minimum.

Rather then me go try and find a lawyer who knows about this stuff, what is the proper way to handle it. I know most people say trusts are worthless in NJ due to no NFA items, but can it help keep things going where I intend them to?

A friend of my fathers recently passed and everything he has was seized without explanation it seems, which makes no since, but that seems to be what happened.

What do I need to do to make sure my kid gets my stuff when of age, and to name someone to take custody of them till then if me and the wife both croak tomorrow?

Thanks in advance.

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Thank you surrealnj! the wife and I expecting also and have not even thought about what to do with my guns when I die. my current will leaves them to my wife but if both of us bite the dust then what? I guess its time to set up a trust with a good friend of mine.

 

Djg- any suggestions on a trust lawyer, Im not so great with paperwork,you have seen my spelling LOL. I don't think that is something I should attempt myself

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I am in the same boat, I am surviving a brain tumor and I don't know how much  time that I have left, my wife has no desire to deal with my firearms, although I wish that she would keep one just to have around the house just in case. I have simplified matters by taking most of them to my bro's house in Virginia an I have left them to thim all in my will.I trust my bro will pass some on to my son when he is old and responsible enough.

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Yep thats the big question I have as well. When we did our wills i did not have nearly the amt of firearms as I do now...should something happen to the both of us before the kids are of age what happens? etc etc... Good thing the Mrs works in a law office...having her look into the STAT! lol

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So this is probably a question for a trust lawyer but if I forum a trust with a PA resident can I buy a suppressor and keep it at his house under the trust? Wishful thinking I'm sure but it can't hurt to ask.

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Update: A trustee would need to get/have their FID, they would then hold onto them till the kid(s) are of age, or sell them and the $ would go to the kid(s). The lawyer the mrs works for was researching some time ago. He was going to get his FID so that he could become a trustee and hold onto clients guns for this very instance. One of the other lawyers in her office also had an estate where this happened as well. The firearms do not need to be listed in the will unless there are specific instructions as to who will get what. All the info I have at the moment as we're both texting as we're working lol...will discuss more with her tonight.

 

As far as to who will get custody should something happen to you both...thats something you and the mrs need to really need to discuss. We named a couple of family members due to different scenarios...should something happen to just us person X get custody...should something happen to us and X (say if were in a car together and something happens) then person Y would get them.

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Update: A trustee would need to get/have their FID, they would then hold onto them till the kid(s) are of age, or sell them and the $ would go to the kid(s). The lawyer the mrs works for was researching some time ago. He was going to get his FID so that he could become a trustee and hold onto clients guns for this very instance. One of the other lawyers in her office also had an estate where this happened as well. The firearms do not need to be listed in the will unless there are specific instructions as to who will get what. All the info I have at the moment as we're both texting as we're working lol...will discuss more with her tonight.

 

As far as to who will get custody should something happen to you both...thats something you and the mrs need to really need to discuss. We named a couple of family members due to different scenarios...should something happen to just us person X get custody...should something happen to us and X (say if were in a car together and something happens) then person Y would get them.

 

Let us know when that lawyer gets his FID...

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You need to setup a trust...

 

Had a forward thinking firearm owner setup a trust with his "pre-ban" m1 carbine and registered it, it would be legal in perpetuity in NJ...

This is incorrect. A trust does not usurp local law. In other words a trust can't own firearms in a state where they are illegal. They would need to be moved. I have a firearms trust for quite some time.

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This is incorrect. A trust does not usurp local law. In other words a trust can't own firearms in a state where they are illegal. They would need to be moved. I have a firearms trust for quite some time.

You're absolutely correct.

 

And so am I.

 

In 1990 when the NJ AWB was enacted, there was a small (very small) window of time where gun owners were permitted to register their "now illegal" AWs.  When they registered these weapons they made them "legal under the law" until they decided to sell these firearms or they died.  This is what I am referring to. Had a trust been setup in 1990, and had registered AWs been in that trust, then they would be legal in perpetuity.

 

Get it?  Do you see the advantage to a trust now?  So for instance, NJ enacts a 10 round mag ban that says everyone with 15's has to register them but they can't sell or transfer them in state and if they die those mags become illegal, within the confines of that definition and within the enactment period of the law, if a trust were setup, those mags would become and would remain, in perpetuity, legal in NJ.

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You're absolutely correct.

 

And so am I.

 

In 1990 when the NJ AWB was enacted, there was a small (very small) window of time where gun owners were permitted to register their "now illegal" AWs. When they registered these weapons they made them "legal under the law" until they decided to sell these firearms or they died. This is what I am referring to. Had a trust been setup in 1990, and had registered AWs been in that trust, then they would be legal in perpetuity.

 

Get it? Do you see the advantage to a trust now? So for instance, NJ enacts a 10 round mag ban that says everyone with 15's has to register them but they can't sell or transfer them in state and if they die those mags become illegal, within the confines of that definition and within the enactment period of the law, if a trust were setup, those mags would become and would remain, in perpetuity, legal in NJ.

Really good info !

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You're absolutely correct.

 

And so am I.

 

In 1990 when the NJ AWB was enacted, there was a small (very small) window of time where gun owners were permitted to register their "now illegal" AWs.  When they registered these weapons they made them "legal under the law" until they decided to sell these firearms or they died.  This is what I am referring to. Had a trust been setup in 1990, and had registered AWs been in that trust, then they would be legal in perpetuity.

 

Get it?  Do you see the advantage to a trust now?  So for instance, NJ enacts a 10 round mag ban that says everyone with 15's has to register them but they can't sell or transfer them in state and if they die those mags become illegal, within the confines of that definition and within the enactment period of the law, if a trust were setup, those mags would become and would remain, in perpetuity, legal in NJ.

Ok in this case those firearms were legal to keep in the state. They could be held as long as new trustor was named and the trust kept alive.

 

Ok not sure how magazines would work. The addendum to my trust has every firearm by serial number owned by the trust. I don't know how you would do the same for magazines. But I get it.

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Ok not sure how magazines would work. The addendum to my trust has every firearm by serial number owned by the trust. I don't know how you would do the same for magazines. But I get it.

 

Nor do I, but again, that's not my worry - I don't write the laws.  ;)

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If a firearm is NJ registered as an "assault weapon", all mags for that firearm are legal. So it is possible to have a 100 round mag for that Colt AR-15 in NJ.

 

Sent from an undisclosed location.

 

 

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A friend of my fathers recently passed and everything he has was seized without explanation it seems, which makes no since, but that seems to be what happened.

If they are going to go in his house and take all his firearms without explanation, how is a trust going to stop them? Put a sticker on the safe that says, "Halt! These guns belong to a trust. Do not seize." ???

 

You're absolutely correct.

 

And so am I.

 

In 1990 when the NJ AWB was enacted, there was a small (very small) window of time where gun owners were permitted to register their "now illegal" AWs. When they registered these weapons they made them "legal under the law" until they decided to sell these firearms or they died. This is what I am referring to. Had a trust been setup in 1990, and had registered AWs been in that trust, then they would be legal in perpetuity.

 

Get it? Do you see the advantage to a trust now? So for instance, NJ enacts a 10 round mag ban that says everyone with 15's has to register them but they can't sell or transfer them in state and if they die those mags become illegal, within the confines of that definition and within the enactment period of the law, if a trust were setup, those mags would become and would remain, in perpetuity, legal in NJ.

I thought NJ ended registration of those AWs a few years ago and made them illegal? Or am I mistaken? As for mags, NJ will not grandfather them. The ability to possess them for use in registered AWs was grandfathered I think, but not mags. IIRC.

 

So this is probably a question for a trust lawyer but if I forum a trust with a PA resident can I buy a suppressor and keep it at his house under the trust? Wishful thinking I'm sure but it can't hurt to ask.

Yes, BUT - I am not sure how you can be a co-trustee when you live in a state where they are illegal. For instance, you can't keep them at your house on behalf of the beneficiary. I guess you could be a cotrustee and keep them in PA. I don't think that would be a problem, just throwing it out there. I guess big trusts own stuff all over the place and have trustees from out of state so I guess it might not matter, just not sure. If it was a PA corp or LLC then it's a no-brainer, answer is YES. Probably OK with the trust as well, I just don't know trusts and trustee responsibilities.

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...

... The ability to possess them for use in registered AWs was grandfathered I think, but not mags. IIRC.

...

 

Any person who knowingly has in his possession a large capacity ammunition magazine is guilty of a crime of the fourth degree unless the person has registered an assault firearm pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) and the magazine is maintained and used in connection with participation in competitive shooting matches sanctioned by the Director of Civilian Marksmanship of the United States Department of the Army.

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...

... The ability to possess them for use in registered AWs was grandfathered I think, but not mags. IIRC.

 

...

 

 

 

 

Any person who knowingly has in his possession a large capacity ammunition magazine is guilty of a crime of the fourth degree unless the person has registered an assault firearm pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) and the magazine is maintained and used in connection with participation in competitive shooting matches sanctioned by the Director of Civilian Marksmanship of the United States Department of the Army.

 

See bold. That's exactly what I said.

 

Nobody could grandfather mags, they could "possess them for use in registered AWs."

 

In other words, if Jersey goes from 15 round mags to 10, no, you can't grandfather them. NJ has never grandfathered mags.

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Any person who knowingly has in his possession a large capacity ammunition magazine is guilty of a crime of the fourth degree unless the person has registered an assault firearm pursuant to section 11 of P.L.1990,

 

As for going from 15 to10 or less, I will wait to see what they propose. 

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