Passing down firearms may seem straightforward, but it can become legally risky when the weapons fall under federal regulation. Items like silencers, short-barreled rifles, or automatic weapons are classified as National Firearms Act (NFA) items. These require special handling, even during inheritance. A gun trust helps families in Mississippi avoid legal violations by allowing the transfer of such firearms within a legally compliant structure.
Under federal law, only the registered owner may possess an NFA-regulated firearm. If someone inherits one of these weapons without proper documentation, they could face felony charges.
The standard transfer process includes:
However, when a gun trust is used, the trust, and not the individual, owns the firearm. This means co-trustees can legally possess the weapon and pass it along according to the terms of the trust without triggering new transfer violations.
Mississippi does not add extra rules on top of federal gun laws when it comes to inheritance. Still, only eligible individuals can legally receive a firearm. That excludes convicted felons and others restricted under federal guidelines. Even if a family member is listed in a will or trust, they cannot inherit a firearm if they are legally prohibited from owning one.
Gun trusts help families avoid common mistakes during estate transfers. They eliminate the need for probate, which keeps records private and reduces delays. Executors who are unfamiliar with firearms law may unintentionally commit crimes when transferring guns.
A gun trust reduces that risk by naming trustees who understand the rules. It also allows for multiple legal users, so no one unintentionally violates “constructive possession” laws.
If you own firearms or expect to inherit them, it is important to plan. At O’Brien Law Firm, LLC, we help Mississippi clients build clear legal strategies for passing down guns safely. Whether you need help setting up a gun trust or resolving inheritance concerns, contact us today to get started with confidence.
Divorce and financial hardship often go hand in hand. Many couples in Mississippi face the difficult decision of when to file for bankruptcy: before or after ending the marriage. The choice matters. Timing can affect what debts are erased, how property is divided, and whether either spouse is left holding the bag.
Filing a joint Chapter 7 bankruptcy before divorce can make the entire process smoother. It allows both spouses to eliminate joint debts like credit cards or personal loans in one filing. That leaves fewer issues to sort through during the divorce. In Mississippi, joint filers may also qualify for double exemptions, which protect more property from being liquidated.
In addition, filing together means sharing court and legal costs. However, both spouses must pass the Chapter 7 means test. If their combined income is too high, they may not qualify. In that case, waiting until they separate and have lower individual incomes may open the door to Chapter 7 later.
In some cases, delaying bankruptcy makes more sense. One spouse may plan to file solo to protect specific assets or avoid sharing exemption limits. For example, if the divorce awards one spouse the house, they may file alone later to protect it from creditors.
Filing separately also helps when income limits are an issue. Once separated, each person is evaluated based on their own earnings, which may allow one or both to qualify for Chapter 7. However, this route means paying for two cases instead of one, and a person could miss out on certain protections.
Not all debts go away in bankruptcy. In Mississippi, support obligations like child support or alimony are not dischargeable. However, property settlement payments to an ex-spouse may be wiped out under Chapter 13. That is why it matters how debts are labeled in your divorce decree.
At O’Brien Law Firm, we work with clients to make smart decisions about bankruptcy and divorce timing. If you are unsure when to file or how it might affect your future, we are here to help. Contact us today to protect your finances and move forward with confidence.
