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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

Will I Lose My Guns If I File for Bankruptcy?

Question: I'm worried about a bankruptcy trustee or a bankruptcy judge seizing my guns. As a firearms enthusiast I have a collection of different types of weapons. I've got handguns, shotguns, and various rifles which I use for hunting and target practice. If I file bankruptcy will the court or trustee make me give up my guns? I heard a rumor about that.

Answer: We are getting a lot of questions about guns. We suspect that's because of the gun-related issues that are discussed so often on television, cable, the Internet, in magazines, in movies—pretty much everywhere.

The right to bear arms is contained in the Second Amendment to the U.S. Constitution. Many Americans are gun enthusiasts, possessing firearms from such manufacturers as American Derringer, Colt, Ruger, Smith & Wesson, Walther, Mossberg, Glock, Springfield, Beretta, Winchester, Bushmaster, Remington, Uzi, Browning & many others. Americans use these weapons for hunting everything from rabbits and squirrels to deer, elk, coyotes, quail, ducks and doves. People also carry a gun as personal protection from criminals. Guns come in various calibers, including .38, .44 & .22. Lately there has been a lively debate over gun control pitting various politicians against each other and involving advocacy groups like the National Rifle Association (NRA), Americans for Gun Safety and The Brady Campaign to Prevent Gun Violence. And magazines like the Georgia Outdoor News (GON), Field & Stream, Buckmasters and Outdoor Life have many subscribers.

Now, back to your question. It is quite unlikely that a bankruptcy trustee in Georgia will attempt to take your guns. Although you did not specify how many guns you own or if any have substantial monetary value as an antique or a collectible, in the vast majority of cases a bankruptcy trustee or bankruptcy judge will have no reason to take your firearms. Not only is this true in Georgia but it is also true throughout the United States. And they will not take your bullets, either. We have not heard of any bankruptcy court in the U.S. taking a citizen's ammo.

As bankruptcy attorneys, we get interesting questions all the time. So please don't hesitate to contact us at 678-215-4106 regarding your specific situation.