April 2009 Archives: NFA Gun Trust Lawyer Blog  

April 2009 Archives

April 27, 2009

Free NRA Membership

Recently I found a link for a Free NRA membership.  If you are not a member, you should be.  If the $35 a year is a problem for you please try this link for a Free Membership.  If you are a member, sign up your wife, or child for a Free Membership to the NRA
April 21, 2009

The Second Amendment Does Apply to the States: Nordyke v. King

The U.S. Court of Appeals for the Ninth Circuit issued its eagerly anticipated ruling   in Nordyke v. King yesterday, holding that the 2nd Amendment of the US Constitution protects the individual right to keep and bear arms against violation by state and local governments.  The court upheld the ordinance and stated:
We therefore conclude that the right to keep and bear arms is "deeply rooted in this Nation's history and tradition." Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the "true palladium of liberty." Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited. We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments.
Many were hoping for a ruling forbidding states from abridging fundamental rights of citizens but the Ninth Circuit rejected this view in citing the Slaughter-House Cases as precedent.  In doing so it applied the Second Amendment to the states through the 14th Amendment.  Many are hopeful that the seemingly distorted view of the 14th Amendment will be changed one day to reflect its original interpretation.
April 20, 2009

ATF and Invalid Quicken Trust - ATF approves INVALID Trust

Joshua Prince a 3rd year law student has written an article on the BATFE approving an invalid trust.  Apparently an  individual on Silencertalk.com received back two approved Form 1's and on the back of one of his forms it stated "Consult counsel w/ the filing of your trust, proves to be invalid"

There have been several articles on why Quicken should not be used for creating a trust including an article by Mr. Prince which applies PA law to some factors I found as well as Using Quicken to prepare a trust: The good, the bad, and ugly! 

Josh contemplates that while the trust is invalid no transfer can take place and the the assets in the trust could be subject to a forfeiture action and anyone in possession could be subject to criminal charges for invalidly being in possession of a Title II firearm without properly transferring the firearm.

This is not the first invalid Quicken and Legal Zoom trust that I have heard of.  I have reviewed and modified many trusts that individuals have attempted to create on their own using canned software or generic forms.  Many of these trusts do not achieve the desired results and almost half of the trusts I have reviewed are invalid because of technical flaws contained within the trust.

Under these circumstances Mr. Prince and I  both would recommend that no transfer Form 1 or Form 4 take place to an invalid trust.  Josh suggested and I would agree that the transfer should be voided, the trust amended to a valid state, and then the trust should reapply for the transfer properly.

If you have a trust that is being used for NFA purposes and you would like it reviewed for validity contact a Gun Trust Lawyer®.
April 15, 2009

What Does SOT mean in reference to the NFA and Firearms?

Many people refer to Title II firearms (Silencers, SBR, SBS, and Machine Guns) as Class 3 weapons) as Class 3 firearms or weapons.  The Class 3 terminology is generally used with a dealer license and not a type of weapon but a license.  SOT means  special occupational tax and refers to the tax due upon transfers of items restricted by the NFA ( Generally $200 except for AOWs which have a tax of only $5)

If you purchase a Title II firearm from a dealer or individual out of your state, you will need to use a class 3 transfer agent to move the items across state lines.  If you purchase from an individual within your state then no transfer agent is required.
April 14, 2009

Gun Registration

House Speaker Nancy Pelosi, California Democrat, announced last week that she wants to register guns. Her next move, believed by many, will be to try to confiscate them.

If a registered gun is used in a crime and left at the crime scene, registration supposedly lets the police trace the gun back to the criminal. Though this turn of events might work on fictional TV crime shows, it virtually never occurs in real life. Criminals' guns are rarely left at crime scenes.

There have been many examples of gun registration in the US including Hawaii, the District of Columbia, and Chicago and the Washington Times states that none of them can point to any crimes that have been solved using registration records.

The Washington Times article goes on to state that in Canada, which has registered firearms for more than 70 years, only 3 crimes have been solved as a result of the registration process.


April 14, 2009

New York and New Jersey seek to require registration of Ammunition

Both states have recent bills that will have an effect on sportsman by requiring anyone purchasing ammunition to complete an application for the purchase.  The New York Post's article Kill Bill Aimed at Bullet Buyers discusses the bills.

April 10, 2009

Firearms Legislation and TV from Virginia Citizens Defense League, Inc.

The Virginia Citizens Defense League, Inc. notified me of two upcoming shows that will feature firearms news.

1.  60 Minutes / VCDL segment to air on Sunday
2.  A hit piece on guns  tomorrow night on ABC's 20/20?

Philip Van Cleave was interviewed by Leslie Stahi with CBS's 60 Minutes for an upcoming show dealing with gun shows, the non-existent "gun show loophole," and the future of our right to keep and bear arms.


The Show preview:  Note the chilling reminder that  Senator Feinstein is waiting for **the right time** for her next  "assault weapon" ban.  Remember it was Feinstein who said, "If I could  have banned them all - Mr. And Mrs. America turn in your guns - I would have!" on 60 Minutes on February 5, 1995, two years after her AWB bill passed.

Tonight on 20/20  ABC is doing a hit-piece on guns.  It appears that they are trying to  blame gun shows for the two recent shootings in their segment "If I Only Had a Gun" Friday at 10 P.M ET
April 2, 2009

Top 100 Twitter Feeds for Law Students

Our twitter feed http://www.twitter.com/guntrustlawyer has been named one of the Top 100 legal feeds