You plan a lot of things. You plan for medical expenses by purchasing health insurance. You plan for incapacity when you sign powers of attorney. You plan for an orderly transition of your estate when you execute a will.
But do you have a plan in place for your firearms?
Planning for Your Firearms Matters
It is not a frivolous question. A 2017 Gallup poll concluded that there were 110 million gun-owning households. Nearly half of all seniors either own a gun or have a gun located in their home.
If that describes you, then consider one more statistic: you have a 1 in 3 chance of suffering from dementia if you live into your 80s.
You may be a responsible gun owner now, but if you later develop Alzheimer’s or another type of dementia, all bets are off. It is not uncommon for a person suffering from dementia to experience delusions, fear, rage, and paranoia. Throw a gun into the mix…
Guns, Dementia, and the Law
The Federal Gun Control Act of 1968
The few laws out there are not very helpful. The Federal Gun Control Act of 1968 makes it illegal for a person who has been adjudicated as a “mental defective” or has been committed to a mental institution to possess firearms or ammunition. That means a court, or an agency, must find that you lack the mental capacity to contract or manage your own affairs.
The problem, of course, is that most people with dementia have not gone through a court or agency proceeding that finds they are a “mental defective.” If there is no adjudication, then there is no barrier to owning or possessing a firearm under that portion of the Gun Control Act.
Texas Concealed Carry Permits
On the state side, Texas prohibits anyone with “chronic dementia” from holding a concealed carry permit. If you live in Texas, then you already know the limitations of that law.
Title II of the National Firearms Act
Then there is the extra complication of Title II weapons. These are firearms that fall under Title II of the National Firearms Act and include fully automatic weapons, suppressors, short-barreled shotguns, and others. You must have a special permit to own and possess these weapons. This, of course, means that few people could legally take possession of your Title II weapon if you become incapacitated.
Being a Responsible Gun Owner Means Planning Ahead
That brings us to the inevitable conclusion: if you are a responsible gun owner, then you should have a plan in place for your firearms in the event you develop dementia or become otherwise incapacitated.
What should you be doing now?
- Make an inventory of your firearms: make, model, caliber, and serial number of each weapon.
- Identify which are Title II firearms.
- Compile a list of your ammunition.
- Review how your firearms and ammunition are secured.
- Discuss who you want to inherit your firearms.
- If you have expensive or rare items, then discuss if they will eventually be sold or donated.
If you or someone in your household develops dementia, then should consider doing one of more of the following:
- Create a gun trust. This will provide for management of the firearms during incapacity and final disposition after death.
- Make a gift, now, of your weapons to someone who will remove them from your household.
- Sell your firearms so you have money for your future care needs.
- If your firearms are rare, then donate them to a museum or charity.
- Move your gun safe to a trusted friend or relative’s residence for safekeeping.
Ensure Your Estate Plan Covers Everything with Hammerle Finley
You may own guns now for protection, but who is going to protect you from your guns if dementia hits? The only way to ensure your estate plan includes your firearms is with the help of an expert attorney. Schedule a consultation with our team today.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
