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Guns And Bankruptcy: Will I Lose All My Guns?

Written by Wesley Scott | December 3, 2021 at 1:30 PM

It is quite odd that in bankruptcy, there is no specific exemption to protect guns. Now this is a bit odd considering that there is a Second Amendment right to bear arms. However, just because something is a constitutional right does not necessarily mean it is exempt in bankruptcy and protected from your creditors. I am not telling you this is right, I am just telling you this is the reality of the Federal and Minnesota exemption schemes as it is right now

I have reached out and even drafted bills in Minnesota to protect a modest amount of guns in bankruptcy but my Republican Senator in the Minnesota Senate was silent on the issue. He would not even return my phone call. I am thinking to myself, owning a gun is a constitutional right and I cannot even get a call from Republican Minnesota Senator Andrew Matthews. What gives? I am not talking about an exemption that protects 50k in guns while in bankruptcy I am talking about a couple thousand dollars’ worth of guns. Certainly, a couple thousand dollars’ worth of guns is not that many guns to protect in bankruptcy.

But instead of protecting or naming guns, the exemption should be in the form of a wild card for a couple of thousand dollars so one could protect a sling shot, bow and arrow, a gun, or any other weapon of choice.

Senator Mathews lives and represents a district in Minnesota whose constituents are hunters and gun owners. His silence about protecting his constituent’s right to bear arms and own arms in bankruptcy is puzzling. While it is true you can protect some guns if you are able to use the federal bankruptcy exemptions, not a single gun is currently protected using the Minnesota exemptions.

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When the time is right or when you are ready, reach out to a bankruptcy law firm that supports exemptions for guns in Minnesota by going now to www.lifebacklaw.com. You will be glad you did.