Gun Trusts Blog

If you have a Gun Trust, are you sure the beneficiary(ies) you specified will receive the firearms upon your death? Pennsylvania law provides that if an individual is married, upon the that individual’s death, the spouse may, at his/her discretion, take an elective share of the estate. 20 P.A.C.S. § 2203. The PA Legislature enacted this statute to prevent a spouse from writing the other spouse out of his/her Will. However, even if you have not written your spouse out of your Will, your spouse has the power to take the elective share, in lieu of that which is provided in your Will.

In 20 PA.C.S. § 2203(a), the PA Legislature empowered a spouse to take one-third (1/3) of specific types of property. § 2203(a)(3) gives a spouse the power to take one-third (1/3) of a revocable trust. Thus, even if you have specified that the beneficiary of your NFA firearm(s) is your son, your spouse can choose to take an elective share and take one-third (1/3) of the items in your revocable trust.

Nevertheless, you can have your spouse waive his/her right to an elective share, either in whole or in part. Specifically, “The right of election of a surviving spouse may be waived, wholly or partially, before or after marriage or before or after the death of the decedent.” 20 PA.C.S. § 2207. Hence, irregardless of whether you are currently married or in the process of becoming married, your spouse can either 1. waive his/her right to an elective share in entirety or 2. waive his/her right to an elective share with regards to a specific piece of property, such as your Gun Trust.

If a waiver is needed, it must be very specific to be enforceable; thus, you should consult an attorney for a properly drafted waiver.

This is an important issue for ANY individual with a Gun Trust who is not leaving his/her NFA firearms to his/her spouse. This includes individuals who institute a Gun Trust prior to marriage, because even though PA is a separate property state, a spouse still has the power to take an elective share of any revocable trust that his/her spouse has control over.

If you need a Gun Trust or a waiver for your existing Gun Trust, contact us, today.

So you have a Gun Trust but how do you correctly fill out a Form 1 or Form 4 when the applicant is the Gun Trust? This is a common question and below explains how the forms should be filled out.

To begin with, irregardless of what individuals on the internet may tell you, you need to submit your ENTIRE trust with your application for transfer or making of a NFA firearm.

How to fill out a Form 1: (Form 1 Gun Trust examples: Front and Back) (Unless otherwise specified, the Form 1 should be filled out as normal)

-Under Section 2, check off Corporation or Other Business Entity

-Under Section 3b specify the name and address, which should be something akin to: The Smith Firearms Trust, 1234 Some Rd. Somecity, Somestate, 11111.

-Under Section 3d specify the county of the Grantor/Settlor

-Under Section 4, (a) – (g), fill it out as you normally would. In section 4(h), specify the Trust name. Using the example above, this would mean placing The Smith Firearms Trust in 4(h).

-Under Section 9, the person signing should be the Grantor or Trustee, if not one in the same.

-Under Section 10, place Grantor and Trustee, unless only one or the other.

How to fill out a Form 4: (Form 4 Gun Trust examples: Front and Back)(Unless otherwise specified, the Form 4 should be filled out as normal)

-Under Section 2a specify the name and address, which should be something akin to: The Smith Firearms Trust, 1234 Some Rd. Somecity, Somestate, 11111.

-Under Section 2b specify the county of the Grantor/Settlor

-Under Section 15 (Name of Transferee) specify the Trust name. Using the example above, this would mean placing The Smith Firearms Trust in this box.

-Under Section 15 (Signature of Transferee) the Grantor or Trustee should sign, followed by his/her title (AKA Trustee or Grantor (if both, just place Trustee)).

How to Fill out a Form 5330.20: (Gun Trust example Form 5330.20)

-Section 1: Name under which the Application was Filed: should be the Trust name. Using the example above, this would mean placing The Smith Firearms Trust in this box.

-Section 2: Name of person certifying citizenship: Put your name in.

-Section 3: What is your country of citizenship: United States of America

-Section 7: Signature of Individual who is identified in Section 2: Your signature followed by your title (AKA Trustee or Grantor (if both, just place Trustee)).