Can we set up a "Gun Trust" in Australia ?

[Shotfox]

Ok what is a gun trust ? - A gun trust allows the owners of firearms to share them legally with family members and to pass them on responsibly.

A trust can offer protection from future legislation intended to prohibit the possession or sale of firearms. Buying firearms through a trust also exempts the trust's members from requirements that apply to individual buyers.

If you had a gun trust you can even give the keys or password to your safe to other members of the trust EG your wife. The cost of a trust is relatively inexpensive and ranges from $500 US to $2500 US depending on location and type of trust.

The main benefit of the trust is ensuring your firearms were passed on responsibly when an owner dies and keeping them from falling into the wrong hands in a difficult divorce or helping to negociate moves to other states that might have diffrent gun laws. There is a lot more advantages - Google gun trusts and have a read I reccomend it.

Question here for all you legal eagles out there

Can we do this in Australia ??

[MeccaOz]

Sounds like a good idea to me .... I wonder ??

[Download]

I know in some states they have 'business firearms licences' where each (approved) person who is part of the business can use the firearms owned by the business.

[Bourt]

All that info is from the US I guess?

I'm doubtful a trust can own a gun here? Is it a legal entity that can apply for a firearms license?

I think to do what you're suggesting would require becoming a firearms dealer here (and means a whole different license and bag of rules compared to being a shooter/owner).

I think...

[brett1868]

Interesting concept but I doubt any of it is relevant here. We can already share guns with anyone that has the appropriate class of license. If the government fella wants to ban the 50BMG then trust or no trust you'll have to surrender it (providing its properly registered) or they'll be knocking on your door. Purchasing through a trust I doubt can be done as the PTA has to identify a person as the purchaser rather then a legal entity unless you are a licensed firearms dealer. Technically if your wife is not licensed for firearms then she should not have access to the safe nor know how to gain access otherwise you're in breach of the safe storage regulations. To pass on your firearms after death then you need to set it out in your will, the police or a licensed dealer will hold the firearms till a properly licensed and entitled individual takes possession or directs that they be either sold or destroyed.
An interesting concept, yes but not likely to be either practical or legal down here.

[Shotfox]

Interesting concept but I doubt any of it is relevant here. We can already share guns with anyone that has the appropriate class of license. If the government fella wants to ban the 50BMG then trust or no trust you'll have to surrender it (providing its properly registered) or they'll be knocking on your door. Purchasing through a trust I doubt can be done as the PTA has to identify a person as the purchaser rather then a legal entity unless you are a licensed firearms dealer. Technically if your wife is not licensed for firearms then she should not have access to the safe nor know how to gain access otherwise you're in breach of the safe storage regulations. To pass on your firearms after death then you need to set it out in your will, the police or a licensed dealer will hold the firearms till a properly licensed and entitled individual takes possession or directs that they be either sold or destroyed.
An interesting concept, yes but not likely to be either practical or legal down here.

You are probably correct but I have a legal firearms law guru looking at it so we shall see if it possible. Would be good if a trustee had a prohibited weapons permitt for a silencer or something and it would certainly help our Western Australian shooters as they could dodge the rediculous fees for PTA's etc and gun share with an interstate trustee and the trust could purchase firearms interstate legally. Im surprised the WA shooting entities have not come up with something like this. Anyway we shall see

[Shotfox]

All that info is from the US I guess?

I'm doubtful a trust can own a gun here? Is it a legal entity that can apply for a firearms license?

I think to do what you're suggesting would require becoming a firearms dealer here (and means a whole different license and bag of rules compared to being a shooter/owner).

I think...

1) I look at it this way - If you can set up a family trust to protect and share assests why cant you do this with firearms. The nominated executive of the trust has the licence and so would other trustees however you would not need a licence or application to transfer guns to a nominated trustee BUT if this trustee did not have a licence they could not use the guns. Dont forget the trust owns the guns, as long as safe storage is adheared to then its legal without the licence.

2) You dont have to be a dealer the guns are owner and purchased through the trust using a gun trust bank account. and all guns are transfered into the trust name just like you would if you had a business

[Bourt]

I hear you. Not knocking the idea.

Just saying I don't think we have the legal facilities for it here with our current legislation.

I like the idea though.

[south]

Is all this needed in the US?

They're pretty free in most places right and you can just share your stuff anyway?

[Manimal]

South,

One of the key points for it is about future proofing as shotfox said, "A trust can offer protection from future legislation intended to prohibit the possession or sale of firearms."

One of the ways they're implementing gun control there and removing guns from the public inch by inch is by prohibiting the sale or transfer of weapons instead of ownership.

e.g. If you already have an AR-15 they can't take it from you, but they prohibited new acquisitions of them. Anyone who doesn't have one already can't buy it from a store and anyone with one can't sell or transfer it to another shooter.

When that person dies the prohibited firearm has to be surrendered instead of inherited. Over a generation all the guns are gone and stay banned from then on.

By keeping them in the trust the owner of the firearms never changes, but new members can be added to the trust or others can leave it without effecting the firearms or ownership of them.

[Shotfox]

Is all this needed in the US?

They're pretty free in most places right and you can just share your stuff anyway?

Well it seems so . It all started in 2008 and now considered the way to go in the USA. As our rights get eroded more and more, as fees go through the roof (especially in WA) and lesigislation changes against us, it is something now we have to look at sooner rather than later and remember requirement and need is the mother of invention.

[Shotfox]

South,

One of the key points for it is about future proofing as shotfox said, "A trust can offer protection from future legislation intended to prohibit the possession or sale of firearms."

One of the ways they're implementing gun control there and removing guns from the public inch by inch is by prohibiting the sale or transfer of weapons instead of ownership.

e.g. If you already have an AR-15 they can't take it from you, but they prohibited new acquisitions of them. Anyone who doesn't have one already can't buy it from a store and anyone with one can't sell or transfer it to another shooter.

When that person dies the prohibited firearm has to be surrendered instead of inherited. Over a generation all the guns are gone and stay banned from then on.

By keeping them in the trust the owner of the firearms never changes, but new members can be added to the trust or others can leave it without effecting the firearms or ownership of them.

Spot on Manimal. I think this is something we should take more seriously before its to late.

[Jessie]

Give an accountant a call I guess and see if they know? They'd be setting up the trust for you anyway.

[gherx]

Ask an SSAA office who there accountant is? They prolly have a shooters license too and would know