Gun Trust as Private Red Flag Law
Red flag laws differ from traditional firearm prohibitions as they rely on individualized assessment of risk. These red flag laws “typically empower family or law enforcement to petition a court for a gun removal order (often referred to as an extreme risk protection order).” “The effect of the order is the removal of current firearms and often placement in the FBI’s background check system to prevent firearm purchase.”
Gun trusts are typically used for more heavily regulated types of firearms. However, there are many other functions of gun trusts: (1) educating about, and promoting compliance with, relevant fun laws; (2) estate planning; (3) avoiding probate; and (4) handling the owner’s subsequent incapacity. The trust can specify a certain friend or family member to make determinations in the event that you are unable to manage firearms.
Gun trusts could also be used to preserve privacy and to avoid government seizure of firearms. In using a private gun trust, gun owners can designate who they want to hold their firearms and avoid government seizure.
One limitation is that a private gun trust cannot prevent future gun purchases. The effect that private gun trusts have can also vary from state-to-state.
See Frederick E. Vars & Ian Ayres, Gun Trust as Private Red Flag Law, ABA Probate & Property, July/August 2020.