Older Firearm Owners and Advance Planning
Authors: Fredrick E. Vars
Journal: Annals of Internal Medicine (2021)

LettersJuly 2021Older Firearm Owners and Advance PlanningFREEFredrick E. Vars, JDFredrick E. Vars, JDUniversity of Alabama School of Law, Birmingham, AlabamaSearch for more papers by this authorAuthor, Article, and Disclosure Informationhttps://doi.org/10.7326/L21-0246 SectionsAboutVisual AbstractPDF ToolsAdd to favoritesDownload CitationsTrack CitationsPermissions ShareFacebookTwitterLinkedInRedditEmail TO THE EDITOR: Betz and colleagues' (1) brief research report notes that approximately one fifth of older firearm owners in a nationally representative survey had a plan for securing or transferring firearms if they became unable to handle them safely. Only 5.6% of those plans were written. As the authors correctly observe, the survey “highlights opportunities for enhanced future planning related to firearms.” However, what form can and should such advance planning take? Here, I offer 3 proposals.The first proposal is to encourage more and better use of an existing legal instrument: the gun trust. The survey results suggest an untapped demand for this option; 16.1% of respondents had a plan, but it was not in writing. A gun trust is a commonly used vehicle to control disposition of firearms and, with very minor modification, could turn these unwritten plans into legally binding arrangements (2). Health care providers could suggest this option to patients with such conditions as early stage dementia.The second proposal—enacting a statute to authorize a streamlined advance directive for firearms—requires a legal change (3). This could make the benefits of a gun trust more readily accessible. A section on firearms could even be added to existing advance directive forms. Again, the survey results suggest the potential of such a change, showing that 64.1% of respondents had written advance directives for health care.The final and most important proposal is to use innovative laws in 3 states to close the following major loophole in advance firearm planning: Even if firearms are secured or transferred away from an unsafe owner, little stops that person from simply buying a new gun (4). However, Washington state, Virginia, and Utah offer everyone the option to add their name to a Voluntary Do-Not-Sell List that would prevent future gun purchases (5). This list is an underappreciated form of advance firearm planning and not just for gun owners. Those who have chosen not to own guns for such reasons as fear of suicide can solidify that choice.References1. Betz ME, Miller M, Matlock DD, et al. Older firearm owners and advance planning: results of a national survey [Letter]. Ann Intern Med. 2021;174:279-82. [PMID: 33017563]. doi:10.7326/M20-2280 LinkGoogle Scholar2. Vars FE, Ayres I. Gun trust as private red flag law. Probate & Property. 2020;34. Google Scholar3. Ayres I, Vars FE. Weapon of Choice: Fighting Gun Violence While Respecting Gun Rights. Harvard Univ Pr; 2020. Google Scholar4. Betz ME, McCourt AD, Vernick JS, et al. Firearms and dementia: clinical considerations. Ann Intern Med. 2018;169:47-9. [PMID: 29801058]. doi:10.7326/M18-0140 LinkGoogle Scholar5. Vars FE. Voluntary do-not-sell lists—an innovative approach to reducing gun suicides. N Engl J Med. 2020;383:1299-301. [PMID: 32997906] doi:10.1056/NEJMp2011339 CrossrefMedlineGoogle Scholar Comments0 CommentsSign In to Submit A Comment Author, Article, and Disclosure InformationAffiliations: University of Alabama School of Law, Birmingham, AlabamaDisclosures: The author has reported no disclosures of interest. The form can be viewed at www.acponline.org/authors/icmje/ConflictOfInterestForms.do?msNum=L21-0246. PreviousarticleNextarticle Advertisement FiguresReferencesRelatedDetailsSee AlsoOlder Firearm Owners and Advance Planning: Results of a National Survey Marian E. Betz , Matthew Miller , Daniel D. Matlock , Garen J. Wintemute , Rachel L. Johnson , Conor Grogan , Hillary D. Lum , Christopher E. Knoepke , Megan L. Ranney , Krithika Suresh , and Deborah Azrael Metrics July 2021Volume 174, Issue 7Page: 1038-1039KeywordsAgingCaregiversDementiaDisclosureElderlyFire safetyFirearm injuriesForecastingMotivationStatistical data ePublished: 20 July 2021 Issue Published: July 2021 Copyright & PermissionsCopyright © 2021 by American College of Physicians. All Rights Reserved.PDF downloadLoading ...