Feature

Gun Trust as Private Red Flag Law

Fredrick E. Vars is the Ira Drayton Pruitt, Sr. Professor of Law, University of Alabama School of Law. Ian Ayres is the William K. Townsend Professor and Anne Urowsky Professorial Fellow in Law, Yale Law School.

Red flag laws are highly controversial. Such laws create a process to remove guns from people deemed too dangerous to possess them. Perhaps surprisingly, two-thirds of gun owners favor red flag laws. APM Survey: Americans’ Views on Key Gun Policies (Aug. 20, 2019), https://bit.ly/2UxXLHI. Eighteen states and the District of Columbia have red flag laws (Giffords Law Center, Extreme Risk Protection Orders (visited Mar. 3, 2020), https://bit.ly/2UUtaTT), but gun owners in every state may be well-advised to craft their own means of protection. Under current law, a properly-drafted gun trust can provide red-flag-like protection and protection against formal red-flag orders.

Surprisingly, two-thirds of gun owners favor red flag laws. APM

Surprisingly, two-thirds of gun owners favor red flag laws. APM

(credit: iStockphoto)

Premium Content For:
  • Real Property, Trust and Estate Law Section
Join - Now