August 2008 Archives: NFA Gun Trust Lawyer Blog  

August 2008 Archives

August 31, 2008

What are the requirement for Storage of NFA Firearms?

To avoid unauthorized transfers, you must store NFA firearms so that no one else has access to them.

Firearms can be stored at locations other than the address on the firearm registration form, such as a safe deposit box. However, unless the registrant is a Federal firearms licensee who has paid the special (occupational) tax to import, manufacture, or deal in NFA firearms, the NFA Branch should be notified in writing of the new storage location.
August 29, 2008

How to move or travel with an NFA Firearm Interstate

Individuals, business entities, or trusts other than class 3 dealers or licensees must obtain permission from ATF prior to temporarily or permanently moving a machine-gun, short-barreled shotgun, short-barreled rifle, or destructive device interstate.

To obtain permission to move these firearms, you must submit either a letter requesting permission to move the item(s) or a Form 5320.20 to the ATF

If you are submitting the request by letter, please include the:
• Name of registrant;
• The firearm(s);
• The current location of the firearm(s);
• The location to which the firearm(s) will be transported;
• The date(s) and means of transportation (car, plane, boat, etc.); and
• The reason the firearm is being moved.

You must also indicate whether:
(1) the move is temporary or permanent;
(2) the move will involve a transfer of the title; and
(3) whether the possession of the firearm will violate local or State law at the destination.

The ATF Form 5320.20 includes these requirements.

Requests for interstate transportation will be denied by ATF if possession of the firearm at the destination will violate State or local law.

Registrants do not have to obtain permission from ATF to move a silencer or "any other weapon" interstate. However, if a registrant's address for these types of firearms changes after registration with ATF, please notify the NFA Branch in writing of the new address, so the NFRTR can reflect the registrant's correct address.
August 27, 2008

What if my NFA Firearm is Lost or Stolen?

As soon as you discover that your NFA firearm was lost or stolen, you must notify your local NFA branch office of the circumstances by providing the following information:

  1. The name and address of the person to whom the firearm is registered;
  2. The lost or stolen firearm, including the model, manufacturer, caliber or gauge, and serial number; and
  3. The date and place of the theft or loss, including details of the situation.
This report must be made within 48 hours of discover.  In addition, you must notify your local law enforcement authorities within 48 hours of discovery.

You may call the ATF at our 24-hour, 7-day-a-week, toll-free hot line number, 1-800-800-3855.

In addition, you must also file an ATF Form 3310.11 (Federal Firearms Licensee Theft/ Loss Report) within 48 hours.

If you are a Licensee, you should provide their license number.
August 27, 2008

What if there are NFA firearms in my Estate?

If an estate includes registered NFA firearms, the executor is responsible for maintaining custody and control of the NFA firearms.  The executor must also arrange for transfers of the items. The executor should transfer the items prior to the close of probate.

WARNING:  The Firearms may not be transferred to another party even a Federal firearms licensee, for consignment or safekeeping but can assist the executor by acting as a broker.

If there are unregistered NFA firearms in the estate, the firearms are contraband and cannot be registered by the estate or any person or entity. The executor should contact their local ATF office to arrange for the abandonment of the unregistered firearms.
August 22, 2008

Florida hunting, Machine Guns, and Silencers

In Florida, it is not legal to use a Machine Gun or Silencer when hunting.  For more information see the 2008-2009 Florida hunting Regulations handbook which is available on the web page
August 22, 2008

Pennsylvania (PA) What NFA Firearms can I own? UPDATED

Pennsylvania NFA Class 3 firearms
There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In Pennsylvania you can own the following items that are regulated the the National Firearms Act

Machine Guns
Any Other Weapon (AOW)
Destructive Devices (DD) (except bombs)
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
In Pennsylvania you cannot own the following NFA restricted items.
None but all Bombs are prohibited as Offensive Weapons

Follow this link to find out more about Pennsylvania and NFA restrictions on Class 3 Firearms

August 20, 2008

South Carolina NFA Trust Lawyer

South Carolina NFA Trusts are a specialty. We have a local attorney who is licensed in South Carolina and works with us to prepare South Carolina NFA Gun Trusts based upon your individual needs and circumstances.  There is no reason to visit our office to create the Firearms Gun Trust as it can be completed and discussed over the phone and by email or us mail.  The time to complete the South Carolina Firearms Trust is less than 2 days.

If you want help creating a South Carolina Firearms Gun Trust for the Purchase of NFA class 3 items Contact Us to get int ouch with a South Carolina NFA trust attorney in your area.

August 20, 2008

Texas NFA Trust

Texas NFA Trusts are a specialty. We have a network of attorneys and lawyers in Texas that can help prepare a Texas NFA Gun Trust.  A Texas NFA Firearms trust should contain the latest provisions to protect your rights and your family from the procedural mistakes often made with other trusts.

It has come to our attention that some attorneys have copies language from our older trusts and are marketing these as NFA firearms trusts.  These documents are inferior to the 2008 Texas NFA firearms trust and should not be confused with the documents we produce.  Attorneys who are using our trusts will have and a copyright notice on the bottom of each page of the trust.  If you need help finding a Texas Firearms Trust Lawyer for creation of a Texas NFA trust Contact Us to get in touch with a Texas NFA trust attorney in your area.

August 20, 2008

My Friend Knows the combination to my gun safe. Is this a problem?

If you have class 3 firearms and someone other than you knows the combination to your gun safe you could both go to jail.  This is a concept called constructive possession.  If you have given someone the ability to access your class 3 firearms, you have violated the NFA.  If someone has the ability to access your class 3 firearms, they have violated the NFA.

The best way to solve this problem is by creating a business entity or trust that allows the person to be in possession of the items.  If you already own the class 3 items you will have to do another transfer from you personally to the NFA trust.

This is one of the many issues that should be identified and discussed prior to creating an NFA firearms trust.

To determine the correct people to name as co-trustee's in your NFA Firearms / Gun Trust Contact a Gun Trust Attorney.
August 19, 2008

What is required by the ATF for SBR engraving under NFA?

When manufacturing a class 3 firearm that is restricted by the NFA it is important to follow the guidelines found in the ATF Publication 5300.4 - section 479.102  " How must firearms be identified?"

Generally, any gun manufactured, imported, or made on and after January, 2002 must have the manufacturers information engraved, cast, stamped by impression,  at a minimum depth of .003" with a height no smaller than 1/16" on the frame, receiver, or barrel.

The required information on an SBR is the model (if such one exists), caliber or gauge, and the manufacturer's name (or recognized abbreviation).   Also for a domestically made (SBR) the city and state (or recognized abbreviation), where you as the manufacturer made the firearm. 
August 19, 2008

I used Quicken to make an Firearms trust, now what?

If you are one of the many people who have used Quicken to create a Revocable Trust for the purchase of Class 3 Firearms who is concerned about having created an invalid trust and having violated the National Firearms act, we can review your trust to see if the trust is valid and make suggestions as to what issues you may be concerned with.

At this time we can only review Florida Trusts for validity, but if you want a trust from a different state reviewed let us know and we will find you an attorney in your state to help with your NFA Firearms / Gun Trust     Contact a Gun Trust Attorney for more information.
August 19, 2008

How many Trustees should a Gun Trust Have?

This is a personal question that can  only be determined after evaluating your particular circumstances.  Some of the questions that must be answered include, whether you are married, if so, does your spouse have access to the weapons, do you want your spouse to have access?  Is there someone else who you shoot with?  Does anyone know the combination to your gun safe?

To determine the correct people to name as co-trustee's in your NFA Firearms / Gun Trust Contact a Gun Trust Attorney.
August 19, 2008

Is it necessary to name a Settlor in a Gun Trust

Yes a settlor is required for each NFA trust.  The Settlor is the person who is contributing the property to the trust.  They receive the benefit of the trust while there are items in it.

They may not manage or use the property as this is a job for the Trustee.  The Settlor may be a trustee also.

If you need a Gun Trust reviewed or to create one, Contact a Gun Trust Lawyer®

August 18, 2008

Virgina removes Tennesse Handgun Permit from Reciprocity-Updated

Updated 820-2008
Virginia has returned Tennessee to the list of states in which it honors handgun permits.

Virginia currently honors

Alaska, Florida, Kentucky, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, and West Virginia  

Florida and West Virginia do not honor Virginia permits.
The following states honor each Virginia's and Virginia honor's theirs
Arizona, Arkansas, Louisiana, New Mexico, Michigan, Missouri, Montana, Oklahoma, and Utah

Listing of states of which Virginia will grant recognition to valid permit holders:

Minnesota, South Carolina, Washington, Wyoming

Although Virginia will grant recognition, these states may not authorize Virginia permit holders to possess a firearm in their state. You will need to contact each state to determine if they will recognize your Virginia permit.

August 18, 2008

Disney Complies with New Florida Gun Law


Walt Disney revised its employee gun policy according to the Associated Press. With the change, Employee's with a concealed-weapons permit will be allowed to be kept a gun in the employee's car on facilities outside the Resort area.   The AP reported that a spokesman for the Attorney General stated that Disney's new Firearms Policy complies with the state law.

Previously Disney claimed that their entire organization was exempt from the new law.
August 13, 2008

NFA Criminal Conduct

The National Firearms Act defines what is criminal conduct.  The prohibited activities include but are not limited to:

  1. Engaging in the business of firearms (manufacturing, importing, selling) without a license and tax;
  2. Receiving a firearms in violation of the act;
  3. Possessing a firearms in violation of the NFA;
  4. Receiving or possessing a firearms not registered to yourself in violation of the NFA;
  5. Transferring or making a firearm in violation of the NFA; or
  6. Removing, changing, or obliterating a serial number of an NFA firearm.
Many individuals are under the mistaken belief that they can allow someone to shoot their NFA firearm when in their possession.  Although a dealer license allows this, the individual license does not and both individuals would be in violation of the NFA and subject to the criminal penalties as such.

If you would like someone else to be able to use or be in possession of your NFA firearms, you should consider a NFA gun trust or business entity to purchase or hold the item in.  For more information Contact a NFA Lawyer.

August 12, 2008

NFA Firearms and Criminal Penalties

Violations of the NFA are punishable by 10 years in prison, forfeiture of all devices or firearms in violation, and the individuals right to own or possess additional firearms in the future.  In addition, there is a penalty of $10,000 for each of certain violations.

In addition, a willful attempt to evade or defeat a tax imposed by the National Firearms Act is also a felony which is punishable by up to 5 years in Jail and a $100,000 fine under the tax evasion statutes.  This penalty could be increased to $250,000 for individuals and $500,000 for corporations.

This means you could be looking at a maximum of 15 years in Jail and $510,000 in penalties for a violation.   Many violations can be avoided by proper ownership and knowing who can be in possession and use the Title 2 firearms which are restricted under the NFA.

There may be additional state penalties in addition to the federal one mentioned above.  A properly constructed NFA trust is the best way to own these items and permits the best flexibility as to possession and use.  Although a Revocable trust can provide benefits many individuals create invalid trusts or trusts that do not address the specific issues that relate to NFA weapons ownership and subject themselves to potential violations. 

To create a Valid NFA Firearms Trust that addresses your specific family situation, please CONTACT A NFA lawyer.
August 11, 2008

Massachusetts Machine Gun Restrictions

Although a person may purchase a machine gun as an individual or through a NFA Firearms Trust it should be noted that in addition to a trust for form 4 sign off by the local CLEO you will also need to comply with The General Laws of Massachusetts, Chapter 140 Section 131 (o) which states:

No person shall be issued a license to carry or possess a machine gun in the commonwealth, except that a licensing authority or the colonel of state police may issue a machine gun license to:

(i) a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel;

(ii) a bona fide collector of firearms upon application or upon application for renewal of such license.

If you need help contacting a Massachusetts NFA Firearm Trust Lawyer please Contact Us.
August 10, 2008

First Court interpretation of Florida Guns at Work Law

Florida Employers have to let employees keep guns in their cars if they have a concealed weapons permit. But, businesses can still have a no gun policy for customers for now.

U.S. District Judge Robert L. Hinkle  states that there is no second amendment right to bring your gun to someones property and  that customers would have the same right as employees under the new legislation but for the working of the statute which may be fixed later.

The law defines employer as a business with employees who own guns.
August 10, 2008

NFA Wepons and Crime

While the public perceives NFA weapons as dangerous reports that there have only been two murders since 1934 involving legally registered Machine Guns and one of those was by a police officer.
August 9, 2008

Annual Fees with NFA Gun Trust

Often I am asked if there are annual fees associated with a NFA Firearms trust.  In most states, there is no registration of a Firearms trust and because it is revocable there are no tax returns or governmental fees associated with the yearly maintenance of the NFA trust.  This is one of the major benefits of using a NFA trust over a Corporation or LLC to purchase class III firearms.
August 8, 2008

NFA Trust Formation

NFA TRUST FORMATION is a process of creating a Trust for the specific purpose of Purchasing Class III firearms and  transferring Class III firearms.  A NFA TRUST is specifically created to comply with the TItle II requirements in dealing with Class 3 firearms.  Class 3 Firearms are items regulated by the National Firearms Act ( NFA) and are typically sound suppressors, silencers, short-barreled shotguns or shotguns, and machine guns.

Most NFA Trusts are formed to bypass a CLEO signature, but there are many additional advantages to purchasing class 3 firearms with a NFA Firearms Trust.  These include dealing with issues of constructive possession, transfer of the assets upon death, and avoiding many of the improper purchases and transfers that contain criminal penalties.

NFA trusts are private, no one knows about them unless you disclose the information
Multiple people can be in possession or use the NFA class 3 firearms.
You can protect your spouse from potential criminal liability that is associated with individual ownership.
No CLEO sign off is required, no fingerprints
The time to acquire items is significantly reduced
August 8, 2008

NRA Presidential Poll - 90% McCain

The NRA is holding a presidential poll and it seems that 90% of the people who have voted would vote for John McCain.  If you would like to vote follow this link.

Current Results

90% John McCain2% Barack Obama8% Other
If the election for president were held today, which candidate would you vote for?
90% -John McCain
2% -Barack Obama
8% -Other