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Offered by Dolan & Associates, P.C.

Most gun owners understand their duties and responsibilities that go along with their constitutional right to possess and bear a firearm. However, in interpreting the rights provided under our Constitution, the federal and state governments have enacted numerous laws that create issues when it comes to leaving those firearms to the next generation. When developing your estate plan, you should carefully consider how firearms will be handled both upon your disability and death.

Certain individuals are prohibited from possessing or owning firearms. Also, ownership is not the only issue to consider. Actual or constructive change of possession can also cause problems under the law.

When planning, you should carefully consider who will be receiving the firearms and determine if those individuals are potentially prohibited from legally owning or possessing a firearm. You should also think about the executor or trustee of your estate. The individual administering the estate will be in possession and ownership of the firearm during administration. If you become mentally incapacitated, the caretakers in your home may be in constructive possession of your firearms. Be careful that they are not prohibited from possessing firearms. You don’t want someone going to jail because they illegally took possession of a firearm while taking care of you or your estate.

Always keep in mind, that a person who legally uses marijuana in Colorado is prohibited from owning or possessing a firearm as they are an illegal drug user under federal law.

Remember, estate planning is a process of preparation prior to your death. It is not an event or getting a certain type of document. By taking the time to address important issues, like firearms, you can assure that the process will go more smoothly for your family.

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Dolan & Associates