Lake Legal News #23

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ones are not inadvertently faced with unlawful possession of an NFA item. Third, the trust provides the added benefit of preserving the trust property in the event that the trust applicant becomes legally incapacitated or passes away. As a practicing attorney who regularly prepares NFA firearm trusts for clients, I have of course had people say, “I can simply pull a trust document from the internet, right?” (Right! And I've also heard that there are very helpful web sites dedicated to performing one's own open heart surgery for those ‘do-ityourselfers’ out there.) Kidding aside, an NFA firearms trust is a very important legal device that must be properly crafted. Moreover, your attorney should be familiar with the nuances of both the federal and state law as it applies to NFA items. Bear in mind that the temptation to simply use other general trusts that an applicant may already have should be resisted, because NFA firearms trusts differ in many material respects from the traditional revocable living trust. Not least of all reasons, an improperly drafted NFA firearms trust can lead to federal prison time for the unwary trust applicant.

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