Henderson v. United States is an important case in regard to a special form of gun trust I occasionally draft for individuals about to plead guilty to a felony/misdemeanor wobbler, or in 5150 situations, so they can eventually get their guns back. Government position makes no sense and they did not do well in oral arguments today:
The government admits a felon can transfer to a licensed dealer for sale, but is trying to convince the court that a felon exercises “control” when he limits transfer of the gun to a certain third person.
Occasionally I use gun trusts as a way to remove any possessory rights from a felon, but allow for restoration of those rights in the future as permitted by law. Felons may not possess, but they may own, and these particular trusts start off as irrevocable. Legal title is in the trustee (third person) and any equitable ownership of the settlor is contingent on restoration of rights.---------------------Follow @guntrust: