December 11, 2014

Revisions to North Carolina and Gun Trust Transfers and Machine Gun Update Under the NFA

North Carolina NFA Trust and Gun Trust Update:

In Dec 2014, a Gun Trust transfer of a Machine Gun was rejected by the ATF when it stated "In Accordance with NC General Statute 14-409. Please remember that your Form 4 must state a reason other than for scientific and/or experimentation or "in accordance with 14-409" to comply with The January 11, 2013 email from Dana Pickles. We are in the process of verifying this and will update this blog if anything changes.

A recent email from Dana Pickles at the US Dept. Of Justice Bureau of ATF NFA Branch stated the following changes for North Carolina

Effective January 11 2013 the ATF is handling North Carolina transfers as follows:

Machine Gun transfers from a dealer to a dealer on a Form 3 no longer require a North Carolina Sheriff permission letter to possess the Machine Gun (MG)

From a Dealer to a Gun Trust using a Form 4.
If the Form 4 states that the MG is being "acquired for scientific research and/or experimentation" or "in accordance with 14-409", then you will still need North Carolina Sheriff permission letter to possess Machine Gun.

But, If the reason on your Form 4 states a reason OTHER than "in accordance with 14-409" or "for scientific and/or experimental use" then the North Carolina Machine Gun Letter or permission from the Sheriff is not required.

This means you should not state "in accordance with 14-409" or "for scientific and/or experimental use" on a Machine Gun transfer in the state of North Carolina

All other NFA transfers on a Form 4 - no longer require the reason to state "In accordance with 14-288.8" to approve the transfer.

November 21, 2014

Florida becomes 33rd State to Legalize Hunting with Suppressors

Unlike most states which have changed the laws, In Florida you can hunt with Suppressors starting today.

This morning the following announcement was sent out by Marion Hammer the Executive Director of the SSF and past president of the NRA

DATE: November 21, 2014
TO: USF & NRA Member and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President

At their meeting in Key Largo, Florida, today, the Florida Fish and Wildlife Conservation Commission voted to remove the ban on using silencers/suppressors on pistols and rifles for hunting deer, gray squirrels, rabbits, wild turkeys, quail and crows.

Using silencers/suppressors on pistols, rifles and shotguns for all other legal hunting was already allowed.

Following the suppressor vote, the Commission also voted to authorize an Executive Order to lift the ban immediately and allow hunting with suppressors to being at once.

Following that vote, Executive Order # EO 14-32 was signed. Using suppressor-equipped rifles, pistols and shotguns is now legal for all hunting in Florida.


I would expect a huge increase in Suppressor sales like we have seen in other states after permitting hunting wihit suppressors

November 19, 2014

Florida Vote on Hunting with Suppressors this week- Time to Get a Florida Gun Trust

It is expected that the Florida Fish and Wildlife Conservation Commission will repeal the 1957 ban on hunting with a sound suppressor.

This change will remove the prohibition on the use of suppressed firearms for taking (hunting) deer, gray squirrels, rabbits, wild turkeys, quail and crows.

10 states have recently permitted hunting with suppressor and now there are 32 other states besides Florida that permit hunting of game animals with suppressors

If you are looking to purchase a suppressor in Florida, you should do so now because of what we have seen in other states as a direct result of permitting hunting with suppressors. Within the next week to ten days you may not be able to find an unsold suppressor in the state.

If you purchase a suppressor as an individual you must get a CLEO signature and fingerprints. If you use a Gun Trust, all that is required is a NICS check like with any other firearm. As many CLEOs in FL refuse to sign Form 4s, a Gun Trust is a great alternative and gives a lot of flexibility to those wanting to use TItle II firearms.

if you want to post a comment for the FWC staff about suppressors follow this LINK.

November 19, 2014

ATF Update on Sig Brace? SBR or SBR and Gun Trusts

In the last few days a letter has surfaced on the Internet reportedly written to a small shotgun maker, which states that shouldering a Sig Sauer SB 15 pistol stabilizing brace could change a firearms classification to a short barrel shotgun.

The letter was written in response to Black Aces Tactical's request related to a short-barreled shotgun that was designed to incorporate the SB 15 Brace. Black Aces Tactical submitted a sample which they say had an overall length of 27 inches. The sample had a SigTac SB15 arm brace attached as well as a vertical foregrip. The brace is intended to allow a shooter to fire and an AR pistol with one hand using a Velcro strap to attach to the arm.

The ATF letter addresses the use of the SB 15 with a shotgun instead of AR pistol. The ATF response states that the submitted weapon, as described above... Is not a"firearm" as defined by the National Firearms Act provided" that it is used as originally designed and not used as a shoulder stock. The letter goes on to state, that if the weapon is fired from the shoulder, the firearm within the class I had as a"short-barreled shotgun".

Without knowing more details, it is hard to understand how this could be an AOW or an SBS. The length at 27 inches appears to be longer than the requirement for an SBS and because the firearm is not concealable, the forward grip should not change the status to an AOW.

Earlier this year the ATF stated that the misuse of the SB15 pistol brace would not change the classification of the firearm. While this letter does not address the use of the SB 15 with an AR style pistol, there is an obvious concern that the ATF could change its position in regards to that we Galletti of the use of an SB 15 pistol brace when fired from the shoulder.

If a pistol or shotgun with a SB15 pistol brace ends up being classified as a firearm subject to the NFA, a Gun Trust may provide flexibility in the use and possession of the firearm that individual ownership could not provide.

UPDATE For an indepth review of why the ATF is wrong see the Prince Law blog on this topic.

If you have and use a SB15 pistol brace, you should watch for developments on this topic. Below is a copy of the page of the ATF response that addresses this issue in relation to a shotgun.
sigbraceusage2.jpg

November 7, 2014

How long does a Form 4 take with a Gun Trust and Update to 41P

Great news! The ASA is reporting that the time to process a Form 4 with a Gun Trust has continued to decrease and looks like the time will continue to decrease. Less than a year ago the average wait time was in excess of 12 months. A few months ago the time was reduced to 6-9 months. The current time is 4-6 months, and if you are processing a trust now, you could see an even shorter time as ATF clears their backlog. ATF is continuing to hire and train more people to process the increasing number of ATF Form 4s and Form 1s.

Even better news is that we may see a new electronic Form 4 announced in January at the Shot Show.

41P UPDATE
ATF has indicated that they are not expecting a final ruling on 41P until May 2015 at the earliest. Those of you in panic mode to submit your Form 4s, you may have some extra time. There are over 9000 comments that were filed during the comment period. To read some fo the comments follow this link http://www.regulations.gov/#!docketDetail;D=ATF-2013-0001

To read the GunTrustLawyer comment and the other Major comments to 41P see our 41P comment page

November 5, 2014

Soda Can Launcher - Not a DD- No tax stamp required

cancannon.jpg

X-Products has announced a new product the Can Cannon. At $399 it sounds like fun. I have ordered one to try out and report back on. Watch for updates.
Their website states:

More fun than anyone should have... The Can Cannon is a patent pending launching device that uses a propriatary gas ported barrel and pressure tube to launch heavy, thin wall objects, without burning a hole in them or directing hot gas directly into them. Currently set up for launching full un-opened 12oz soda cans, when used with standard mil spec blanks it can reach an average distance of 105 yards!

Why would you launch a soda can? Because it's fun! Plus, it's an incredibly fast and fun decoy to shoot at. Every demonstration leads to more smiles and laughs than any product we've ever introduced. BATFE approved design is not considered a Destructive Device or firearm.

October 30, 2014

Must / Should I carry a Copy of my ATF forms with the Firearm?

This is another one of those issues where the answer is not can you do but what should you do. Technically, you do not have to have a copy of your Form 1 or Form 4 for anyone other than the Attorney General, the ATF or an agent or investigator upon request.

Some recent case law has stated that a police officer is not an investigator or agent or the ATF and as such has no right to request to see your ATF form. I cannot believe the amount of money and or the risk that the individual took when a copy of the document on your cell phone or in your gun bag would have avoided the issue. In addition, there is nothing to state that a judge in your state or where you are asked for the paperwork would rule the same way.

The NFA requires that a person possessing a firearm registered in the National Firearms Registration and Transfer Record (NFRTR) retains proof of registration which must be made available to the Attorney General, specifically an ATF agent or investigator, upon request.

So the answer is you might not need to if you are willing to spend months and thousands of dollars should you be arrested, but the smart move would be to have a copy with you to avoid all the potential problems.

September 16, 2014

ATF revises Form 1 and Form 5

ATF is pleased to announce the availability of revised ATF Form 1, Application to Make and Register a Firearm, and ATF Form 5, Application for Tax Exempt Transfer and Registration of Firearm.

The ATF Form 1 has been revised to allow the payment of the making tax by use of a credit or debit card. This is a new option that was requested by the industry. Payment by check or money order will still be allowed when the application is submitted on paper.

The Form 1 and Form 5 have been revised to incorporate the questions relating to non-immigrant status that are contained in ATF Form 5330.20, Certification of Compliance with 18 U.S.C. 922(g)(5)(B). Form 5330.20 is to be submitted when the applicant maker is an individual, not a legal entity. With a submission of the revised Form 1, the submission of Form 5330.20 will not be required. This revision was also requested by the industry.

For eForm filings, the prior version of the Forms 1 and 5 will continue to be used until we are able to update the form versions in the eForms system. Since the eForm 1 may only be filed by legal entities or government agencies and the eForm 5 is for transfer by a qualified Federal firearms licensee when the transferee is a government agency, the answering of the questions is not required as they are for an individual applicant maker or transferee.

When these forms become available we will post links to them and provide instructions for completeing them.

September 12, 2014

What to do if the ATF rejects your Gun Trust Application to build a Machine Gun

You need to timely dispute the ATF denial. ATF is denying these applications under 922 (O) (1)

Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

But if you read the section 922 (O) (2) (A), the exception, states that:
a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or

An approved Form 1 is under the authority of the United States or a department or agency thereof.

Is ATF claiming they are not an agency or department of the United States? Interesting, but they would have a hard time explaining this.

If you would like help filing your appeal, contact us ASAP before your right to appeal the wrongful denial cannot be appealed.

Note and Disclaimer: This is unsettled law, and there is no guarantee that you will be approved in an appeal of your denail

September 11, 2014

ATF Approves some Form 1 to Make Machine Guns by a Gun Trust and then Rescinds the Approval

We understand that ATF has approved a number of applications to permit Gun Trusts to manufacture machine guns and then rescinded the tax stamp to make the machine gun.

Many others have reported to us today that their Form 1 was disapproved by the ATF with the following reason:

Reasons For Disapproval
THE GUN CONTROL ACT OF 1968 (GCA), AS AMENDED, PROHIBITS ANY PERSON FROM POSSESSING A MACHINEGUN NOT LAWFULLY POSSESSED AND REGISTERED PRIOR TO MAY 19, 1986. SEE 18 U.S.c. § 922(0). THE GCA DEFINES THE TERM "PERSON" TO "INCLUDE ANY INDIVIDUAL, CORPORATION, COMPANY, ASSOCIATION, FIRM, PARTNERSHIP, SOCIETY, OR JOINT STOCK COMPANY." SEE 18 U.S.c. § 921(A)(1). PURSUANT TO THE NFA, 26 U.S.c. § 5822, AND IMPLEMENTING REGULATIONS, 27 C.F.R. § 4 79.105(A), ATF MAY NOT APPROVE ANY PRIVATE PERSON'S APPLICATION TO MAKE AND REGISTER A MACHINEGUN AFTER MAY 19, 1986.

THE FACT THAT AN UNINCORPORATED TRUST IS NOT INCLUDED IN THE DEFINITION OF "PERSON" UNDER THE GCA DOES NOT MEAN THAT AN INDIVIDUAL MAY AVOID LIABILITY UNDER SECTION 922(0) BY PLACING A MACHINEGUN "IN TRUST." CONSEQUENTLY, IN TERMS OF AN UNINCORPORATED TRUST, ATF MUST DISREGARD SUCH A NON-ENTITY UNDER THE GCA AND CONSIDER THE INDIVIDUAL ACTING ON BEHALF OF THE TRUST TO BE THE PROPOSED MAKER/POSSESSOR OF THE MACHINE GUN.

It would seem that the ATF does not consider their approval to be governmental authority. The personal possession has an exception that deals with machine guns under the authority of the government.

If you received an approval and it was receinded and would like to explore your options please contact us.

August 28, 2014

ATF form 5 and Form 9 returning in September 2014

ATF is pleased to announce the return of the following eForms to active service: ATF Form 5 on 8/27/2014, ATF Form 9 on 9/2/2014, and ATF Form 5300.11 (AFMER) on 9/5/2014.

Please note that at this time no date has been determined for the return of the ATF Forms 3 and Form 4 to service on the current platform. In the interim, ATF has devoted additional resources to paper forms processing within the NFA Branch to augment the volume of receipts and current pending applications.

August 21, 2014

Nolo Says Don't Create A Gun Trust With Their Products

Today I ran across an entry on Nolo's website addressing the appropriateness of using their living trust software, commonly referred to as Quicken, or Will Maker, to make a Gun Trust. The same issues would exist for Legal Zoom or other standard trust software. Thousands of people and many gun dealers have prepared gun trusts using Nolo's software. The problem is the software was never designed for Gun Trusts and their trust may cause legal problems for their family and friends.

Nolo states:

Can I use a Nolo living trust to make a gun trust?

No. If you want to create a gun trust, get personalized legal advice from an expert on gun laws. Nolo living trusts are designed for the people who simply want to pass on their assets while avoiding probate. Gun trusts are complicated because they:

-- may need to last for more than one generation
-- may have multiple trustees, and
-- must address both state and federal weapons laws.

Nolo's living trusts do not address these issues, and so you should not use Nolo living trusts to transfer weapons. If you want to make a gun trust, get help from a lawyer who has plenty of experience with these trusts and state and federal weapons laws.

While Nolo's webpage does not address many of the issues to use a real Gun Trust, they have finally addressed the issue clearly. NO you should not use Nolo's software to create a Gun Trust. We have been telling people this for years and now Nolo has addressed the issue to help people avoid the problems that using their product could create. If you have, we can help you modify your trust into a proper Gun Trust with the help of a Gun Trust Lawyer® licensed in your state.

Updated 8/21

August 3, 2014

Gun Trust and ATF 5320.1 Form 1 Approval in 35 days

I recently published an article on Gun Trusts and an amazing 1 day approval. I felt that this was an unusual circumstance and decided to submit an electronic ATF Form 1 back on July 26th using my personal Gun Trust to test out the current time for approvals on using a Trust from a Gun Trust Lawyer®.

While I was not surprised to have not received an approval on July 27th, I have been checking the status regularly. I was surprised to receive an approval early Saturday morning August 2, 2014. This approval was not anywhere as quick as our clients 1 day approval, but only took 35 days to get approved which is amazing considering that many are reporting 9-14 months for a paper approvals. Not only was the approval quick, but the email notification came with an attachment which contained a copy of my Form 1. The process for printing the approval was more complex than it needed to be and I guess that the ATF decided they could cut down on the amount of communication and support by just sending a copy. A wise move by the ATF.

Please let us know about your approval times so we can see if others are experiencing similar results.

July 29, 2014

Federal court upholds Florida Law limiting Doctor's gun inquiries with patients

The 11th U.S. Circuit Court of Appeals in Atlanta has ruled a Florida law restricting what doctors can tell patients about gun ownership to be constitutional on Friday. The court ruled this law legitimately regulates professional conduct and does not regulate professional conduct and does not regulate the doctor's first amendment free speech rights.

This ruling by the Atlanta court overturned a previous decision that declared the law unconstitutional. There is still an injunction blocking enforcement of the 2011 law, which has become popularly known as "Docs vs. Glocks." It was challenged by organizations representing over 10,000 state health care providers, most notably the Florida chapters of the American Academy of Pediatrics and the American Academy of Family Physicians.

Continue reading "Federal court upholds Florida Law limiting Doctor's gun inquiries with patients" »

July 6, 2014

What to do if your ATF eForm is rejected.

One of the benefits in using a Gun Trust is that you are able to submit electronic applications with the new ATF website. This is possible because a Gun Trust does not require a CLEO signature nor fingerprints. Currently only Form1s can be submitted electronically, but Form 4s should be back online soon. It is important to fill out the application correctly as there is not a way to correct mistakes that are made like with the paper forms. A mistake in the past would have put your application in the back of the line, but not any more.

If you make a mistake on an ATF eform (http://www.atfonline.gov) there is a way to submit a correction without going to the end of the line.

Once you receive the notice that your eForm has been rejected, you will receive a refund of the application fee in around 10 days. You do not have to wait for the refund to be processed to resubmit a corrected application. You can pay the fee again while waiting for your refund or wait for the refund and them resubmit the application.

Once you submit your new application send an email to Ted.clutter@atf.gov and include the control number of the rejected application and the control number of the new corrected eForm and the application will be reprocessed. This should decrease the time for the approval process on the corrected eForm.