Protection against red flag?

not that I’m a hothead, or would use my firearms in any unlawful way but, what if someone gets a bug, some lefty that hates guns, and sees I have a training business and then screams gun nut, or whatever.
I’m wondering if putting my guns in a trust owned by my LLC would effectively provide a level of protection for 1. keeping my guns 2. allowing me to run my training business by hiring a firearms instructor? 3. preventing the confiscation by police should they come to take them they aren’t mine they are the corporations. What does everyone think about this?

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No help to the specifics here. Unfortunately this type of law is new and there is little case law to go with.

If you are worried about someone “Flagging” or “SWATing” you and you have a training business then it may be prudent to put your guns in a trust and get them out from your personal abode. For SD I’d keep a few disposable guns (ones you can live without for a while) in your house. Keep your business guns at your business.

My opinion, worth what you paid for it.

Cheers,

Craig6

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@Frank I think you need to contact the USCCA Attorney and ask your question, if not everyone has an opinion if you understand what I’m saying @Frank

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@Tom_Grieve and @MikeBKY any insight for @Frank about putting your firearms in a trust?

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@Frank I do not believe a gun trust is the answer. Gun trusts are used to protect ownership of firearms, primarily NFA firearms, in a trust instead of in personal ownership. This is usually done so that the trust can be transferred without transferring the ownership of the firearms putting someone in violation of the NFA. It can also be used the same for transferring non-NFA weapons without having to go through probate in the courts.
With respect to red flag laws, possession, not necessarily ownership, will be the issue and the gun trust or ownership by the LLC will not help the possession issue, especially if it is a single member LLC. It may make it possible for another member of the LLC or beneficiary of the trust to get possession of them back from the police but that would still require court approval.

You also need to consider that these issues will be dependent upon how the statutes are written, how they are implemented by law enforcement and interpreted by the courts in each jurisdiction where they are enacted.

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Impossible to say if it would help, given that we are dealing with unknown facts, unknown laws (including future potential laws). In general, big picture, I don’t see it helping. As I tell folks: if things are to a point where swat teams are at your door, if you think trust or corporate entity will save you… think again.

I am not saying this is how it ought, or ought not to be. Just the way it is.

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Thanks for the insight.

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I’m no lawyer but I have spent time contemplating this very question, though a trust never occurred to me. Let’s say I was red flagged and my guns confiscated, how would I carry on my business? The only answer is to hire another certified instructor.

As one of the lawyers mentioned, it’s about possession and not ownership.

Illinois has red flag law and it’s already been abused and successfully fought in the court and the accused won. Red flag laws are an infringement on numerous rights enumerated in the bill of rights. How they are allowed to stand is beyond my comprehension!

@AlphaKoncepts Red Flag Laws aka Extreme Risk Protection Laws can stand because people like John Cullerton and Michael Madigan and the overwhelming Democrat Illinois State Legislator and a state full of lazy defeatists people who stayed home on last Election Day and neglected to vote. Doing the same thing over and over and over every election cycle and expectations of a different result.

@Dawn and @MikeBKY not sure if I’ve asked this before or not (the thought has come across my mind quite a few times though), is this an area that an org like USCCA might be able to branch in to like they expanded their benefit to cover all weapons defenses and not just guns?

Something that would provide an attorney from that State familiar with that State’s red flag laws and can at least help ensure sound legal advice is given and some level of due process is served?

Someone might be less inclined to get into a violent defense of their weapons from LEO if they know they have an org on their side that will help them fight it out in the court system (could save lives).

Just a thought.

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I am very concerned about red flag laws. I am estranged from my mother and one of my brothers. Neither of them would think twice about using a red flag law to harass me. That’s why I use a pseudonym on all gun-related forums, instead of a version of my name.

Its deeper than that. Who would you expect to fight this in the courts?

Ok. Would you be surprised to know that the very people we expect to fight these gun laws actually helped co author them?

The status quo isnt working. O"

#gunrights4illinois

I’m not sure if we would, @JamesR. Right now we’re very focused on finding a way around the issues in the states that are fighting against letting people have USCCA memberships.

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You can only fight a war on so many fronts…….understood. :+1:

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@JamesR I asked the USCCA about coverage for red flags. This is what they told me…

https://m.facebook.com/groups/907204056101015?view=permalink&id=1368031520018264

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CLARIFICATION: My response was in reference to @JamesR question about the USCCA branching into helping set up putting your firearms in a trust.

JamesR, please let me know if I misunderstood your question.

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@Dawn thanks Dawn, yes actually you may have misunderstood my question. It wasn’t in regards to setting up a trust but rather setting up a program that provides legal assistance for someone who has been “flagged.”

Thanks @AlphaKoncepts but the FB image that came up was too small for me to read………

I’m sorry - I must need more coffee this morning. :coffee:

Here is what is currently in place to assist with Red Flag issues:

I’m going to grab a second cup of coffee now. :rofl:

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OUTSTANDING!!! I should have known you guys/gals were already on it! :grinning: