Recent tragic events underscore the importance of maintaining a dialogue about the responsible, accountable and safe possession and transfer of firearms in our country. This is why it’s critically important for every law-abiding gun owner to stay abreast of the complex and evolving gun laws.
For example, did you know that possession and transfer of any type of firearm to a “prohibited person” could result in a felony? And, that in some circumstances, loaning, gifting or sharing a particular type of firearm with someone is a crime, resulting in large fines or even conviction?
Not knowing the law is called an “accidental felony.” Ignorance of gun law is not only dangerous for gun owners; it is rarely the best defense. And, if you own “NFA firearms,”
allowing others access to them involves another category of risk. It doesn’t matter if it’s at the range, or in your home—sharing NFA firearms with anyone can create legal risks that you can avoid.
- Unlawful possession or transfer of certain regulated firearms can result in a 10-year federal prison term, and a $250,000 fine per count.
- Legal terms like “possession,” “transfer” and “access” may mean far more than you think. “Sharing” a firearm may constitute a crime (when “unlawful” possession or transfer occurs).
- Innocuous access, such as living in the same house or having “access” to guns by others can pose legal problems related to actual or constructive possession and unlawful transfer.
- Possession by or transfer to a “prohibited person” causes exposure to criminal liability.
I have found that few gun owners or attorneys fully understand these risks or know how to avoid these potentially serious legal consequences. It takes planning.
That’s you should contact Tom Walker, a gun trust lawyer, to help you stay safe by protecting what you hold dear.