September 2008 Archives: NFA Gun Trust Lawyer Blog  

September 2008 Archives

September 29, 2008

Kansas (KS) What NFA Firearms can I own? Updated

Kansas NFA Class 3 firearmsThere 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 Kansas (after July 1, 2008) you can own the following items that are regulated the the National Firearms Act
Machine Guns
Any Other Weapon (AOW)
Destructive Devices (DD)
Silencers
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
In Kansas you cannot own the following NFA restricted items.
NONE


Follow this link to find out more about Kansas and NFA restrictions on Class 3 Firearms
September 15, 2008

ATF requirements for submitting ATF 5320.4 (Form 4)

It is important to remember that the ATF will not accept your form 4 unless it is two sided.  The two pages need to be photocopied on to a single sheet of paper or the form will be rejected.

A form 4 is the application for tax paid for transfer and registration of a Firearm that is restricted by the National Firearms Act (NFA)
September 15, 2008

Where do I mail my Form 4?

When transferring firearms that are restricted by the NFA, it is important to mail your Form 4 to the proper address.  There are several addresses floating around but at this time all Form 4's should be mailed to the following address:

National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms, and Explosives
P.O. Box 530298
Atlanta, GA  30353-0298
The same for is used when you are purchasing as an individual, business, or NFA Firearms Trust.


September 10, 2008

Gun Trusts and Pennsylvania Elective Share Statutes

If you have a NFA Firearms trust and live in Pennsylvania you should take the PA statute 2203 into consideration.  In Pennsylvania and many other states a surviving spouse has a right to an elective share of the decedent's estate.  Generally these are around 1/3 but vary by state. 

The elective share is designed to make sure that the surviving spouse is not disinherited from the spouse when they die.  In PA the spouse is entitled to 1/3 of property owned by the decedent including property in a revocable trust.

It is possible to have your spouse waive their right in regards to a specific piece of property.  For those of you creating Gun trusts where the spouse is not a co-owner or a beneficiary, it would be wise to have the spouse waive their right to that property so that the property is sure to pass to your intended beneficiary.

Even if you create your NFA gun trust prior to a marriage, you may consider having a future spouse waive their right to that property prior to or shortly after marriage to avoid potential problems in the future.

If you need a NFA firearms trust Contact a NFA Gun Trust Lawyer®
September 4, 2008

Sarah Palin Rifle Training

Saw this on YouTube and thought you might enjoy it.

September 4, 2008

What if my NFA Firearm is modified?

If you modify the configuration of your NFA registered Firearm you should notify the NFA Branch in writing so that the NFRTR can reflect the accurate description of the firearm.
September 3, 2008

What if I lose my NFA Firearms Registration Documents?

If you lose your registration documents you are required to immediately report the theft, loss, or destruction in writing to the NFA Branch.

The report must contain the details of the situation. ATF will issue a duplicate copy of the registration document as circumstances warrant.
September 1, 2008

What if I change my address and own NFA Firearms?

Registrants are not required to obtain permission from ATF to move NFA firearms within their State of residence.

However, if a registrant's address changes after the NFA firearms are registered with ATF, please notify the NFA Branch in writing of the change so the NFRTR can reflect the registrant's correct address.