Recent Surveys find that about 40% of adult Americans own a gun or live in a household with someone who does. Read the article titled “Key Facts About Americans and Guns” by Katherine Shaeffer at the following link: https://www.pewresearch.org/facttank/2021/09/13/key-facts-about-americans-and-guns/

The American Public Health Association found that a firearm is the most common means of suicide in the United States and that rates of firearm suicide are highest among those age 75 years or older. Read the article titled “Current Considerations About the Elderly and Firearms” by Brian Mertens and Susan B. Sorensen, PhD at the following link: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3487668/

Each of us must consider the mental status of every household member. We should
engage in discussions with our family members or with trusted friends or professionals
about guns in the home and any risk to household members and caregivers.

It is important to discuss your gun ownership with your attorney to determine the best
course of action regarding your guns and your estate plan in consideration of your own
individual circumstances.

You might consider using a Florida Gun Trust which can purchase and own Title II
firearms. A Florida Gun Trust helps avoid the criminal liability of owning, using, and
sharing a Title II gun. Title II firearms can be used by any of the qualified trustee members that are not prohibited from owning a Title II firearm.

If you don’t have a Florida Gun Trust, consider whether the person you named as your
power of attorney is legally authorized to possess and transfer weapons. Is that person
aware that you have weapons? Consider what will happen to your guns after you pass
away. What do you want to happen to them? Is the person you named as personal
representative of your Will someone who is legally authorized to possess and transfer
weapons? Is that person aware that you have weapons? Is that person comfortable with
distributing weapons to your beneficiaries? Are your beneficiaries legally authorized to
possess firearms? Are your intended beneficiaries in other states? State laws vary on this topic and it’s something that needs to be explored.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.