What we do?
We assist law abiding owners of firearms in the states of South Dakota, Colorado and Alaska feel more secure about their purchase, possession and transfer of firearms within the complex federal and state laws that might be applicable to them.
How we do it?
We offer a specifically tailored firearm trust known as the NXTGUN Trust™. This is not one of those do-it-yourself, download from the Internet gun trusts. We discuss your needs and your particular situation and customize the NXTGUN Trust™ to fit your situation in order to be compliant with the National Firearms Act, Gun Control Act, and all relevant state and local laws. Our NXTGUN Trust™ is a service of NXTLAW PC. We are actual attorneys and are licensed to practice law in South Dakota, Colorado and Alaska. We are not offering a "valid in all 50 states" package that includes disclaimers requiring you to research your state's law to determine if various provisions in the trust are legal or not. While federal law is the same across the nation, each state has its own unique issues for which we believe an attorney that is licensed in that state and practices firearm law is necessary.
The NXTGUN Trust™ was drafted with the National Firearms Act and Gun Control Act specifically in mind, and references those Acts in the firearm trust itself. The NXTGUN Trust™ was drafted to be in compliance with applicable state laws for your state. The NXTGUN Trust™ provides the protection you need and is amendable and flexible. The NXTGUN Trust™ protects itself from being invalidated by providing for the automatic removal of trustees who have done something that would disqualify them from being able to be in possession of NFA firearms. In addition, the NXTGUN Trust™ protects the beneficiaries of the trust by not allowing them to come into possession of any NFA firearms until they have themselves registered with the ATF and received certification stating that they are eligible to own and be in possession of the firearms.
Some people want a firearm trust just to own and possess NFA firearms, or maybe some NFA firearms plus some other firearms, or just some non-NFA firearms. Some people have unique needs with regard to how they want their firearms to pass after they die. Some people want to let others use their firearms at the range or in the field, some instances of which could result in an unintentional felony (see our FAQ page for this one). The NXTGUN Trust™ has a number of safety measures in place designed to protect the grantor, the trustees, and the beneficiaries in their use and enjoyment of their firearms, and in particular any NFA firearms registered to the trust, as well as ensuring a smooth transition process after the grantor has died and it is time to transfer ownership of the firearms and any NFA firearms from the trust to the beneficiaries. It also allows for adding and changing trustees and beneficiaries at any time to protect those using any NFA firearms registered to the trust.
Why is this important?
• 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;
• Loaning, gifting or sharing certain regulated firearms may constitute a crime (when “unlawful” possession or transfer occurs);
• Innocuous access, such as living in the same house or having “access” to firearms by others can pose legal problems related to actual or constructive possession and unlawful transfer; and
• Possession by or transfer to a “prohibited person” causes exposure to criminal liability.