An example of a typical assault rifle.

A Look Into Your Constitutional Rights!

On November 27, 2017, the Supreme Court denied hearing two Second Amendment cases. In the current social and political arena, gun advocates have sought to remove or limit state control of open carry laws and bans on owning certain firearms. Although the fight is still ongoing, the fact that the Supreme Court denied hearing two cases is a significant setback for pro-gun advocates and the National Rifle Association.

One of the cases coming from the state of Maryland was a challenge to a law enacted in 2013 which banned assault weapons, a response to a Connecticut school massacre.

The language used in the statute prohibits “assault long guns”, firearms which are typically known for being some of the more dangerous guns.

The ability to quickly reload, place attachments onto the rifle, and large magazines are what many government officials and gun control advocates believe adds to the dangerousness of assault rifles.

Guns, Guns, Guns . . .

Although I am not debating whether or not certain firearms are more dangerous than others, it is important to note that as of now, firearm advocates are at a standstill. Since the Supreme Court denied hearing both cases that focused on limiting gun rights, gun advocates have suffered a mighty blow since the lower court’s decision will be upheld. On another note, the fact the Supreme Court did not hear two cases that may have led to a national impact shows that the Court’s interests lay elsewhere. Even if firearms are of no interest to you, your rights are at issue even if you don’t exercise them.

So what if they did not choose it?

It matters! Since the Supreme Court is only able to grant certiorari and hears oral argument on about 80 cases a year out of a staggering 7,000-8,000 petitions, their decisions to accept or deny a writ show what the Supreme Court finds of importance. Both cases carried the ability to reshape the way Second Amendment rights are upheld throughout the country

In addition, the appeal carrier benefits and risks. Gun advocates had concerns that, by challenging the lower court’s decisions, a negative impact could result. If a negative result was issued by the Supreme Court then it could create negative precedent throughout the country, something gun enthusiasts, gun advocates, and all those concerned with supporting Second Amendment rights do not want.

Thanks for tuning in!

Trusts. What are they, and how can they help me? A single word and a fundamental question can unlock endless possibilities. A Trust is an estate plan that spells out how specified property should be handled, distributed, or invested. Whatever the asset, there are ways to have that asset treated per your own needs and wants. As the Trustor, the individual who created the Trust, you have the option to develop it as a Revocable Trust or Irrevocable Trust. It can get very complicated on the benefits and detriments on each of those documents. However, one thing is certain—when the Trustor dies, the Trusts created by the Trustor then become irrevocable. At that point, changes cannot be made to the Trust, absent some judicial order. Trusts can be altered, but the law changes from state to state. So, why does Trusts matter in relation to firearms? Everything!

Trust can save you a headache when planning your future distributions. In the current political arena, firearms are at the forefront. Firearm attachments, magazine sizes, silencers, machine guns, and assault rifles. What do these words have in common? They are all misunderstood and commonly fill discussions on forums that misinform individuals. Misinformation is the enemy. Now, that’s an issue better left for future blogs. For now, I want to tell you about the beautiful world of Trusts!

TRUSTS ALLOW INSTRUCTIONS FOR DISTRIBUTIONS

Trusts are beneficial because it allows distribution of your firearms in a neat, private, precise, useful, and instructive way! What do I mean by this? Well, guns are inherently dangerous, right? That’s a fact. Not in the sense of danger because, if untouched, they cannot fire. What I mean is that firearms can cause legal issues. Certain individuals are not allowed to own guns. Other guns require certain licensing before transferring. There might be the case that a firearm was an illegally acquired firearm. In these situations, what should the receiving party do?

Trusts can allow instructive provisions to take care of these issues. For example, certain firearms are labeled NFA firearms. These weapons were deemed more dangerous due to characteristics they have; they are different from other “regular” firearms. Since these weapons require licensing and fees, having the firearm handed to a person after your death would be dangerous. Not only is the beneficiary exposed to liability, but all the parties involved could be implicated as well. To resolve this issues, a Trust can outline the specifics on requiring licensing and having the Trustee, the individual who manages the Trust, oversee the steps the Beneficiary takes.

This method of disposition allows a greater sense of control and oversight to occur, without jeopardizing the privacy which is typically lost in a probate matter.

That leads me to another thing, privacy.

TRUSTS AFFORD YOU PRIVACY

Trusts allow your matters to stay private. Firearms are a very integral part of American society. We use them to hunt, protect, steal, defend, kill. Whatever their purpose, firearms serve it. For that reason, their versatility adds to the glamour and attention they get in society. When a Will is used to dispense these firearms, the information will become public knowledge. Having a small town know of all your private matters is not desirable, and having a Trust allows you to, in general, bypass probate.

A lot more can be done with Trusts in combination with firearms. Keep an eye out for more of my content! Thanks!