May 2009 Archives
Governor Crist deserves our profound appreciation for his veto.
The legislature intended to take $6 million from the Division of Licensing Concealed Weapons and Firearm Trust Fund that is intended, by law, to be used solely for administering the concealed weapons and firearms licensing program. That would have been a DEFACTO TAX ON GUN OWNERS.
Please Call, Fax, or Email Governor Charlie Crist and thank him for the VETO OF THE SECOND AMENDMENT TAX created by the intended sweep of $6 Million from the Division of Licensing Trust Fund.
Phone number: (850) 488-4441 or (850) 488-7146
Fax number: (850) 487-0801
Send your email to the Governor at this address:
The nomination of Second Circuit Court Judge Sonia Sotomayor to replace retiring Justice David Souter on the U.S. Supreme Court is a slap at gun rights and the Second Amendment. For more on this please click the link to his blog above.
If you created a trust with Quicken or Legal Zoom, you should follow Legal Zoom's and Intuit's advice and have your trust reviewed by an attorney to avoid potential problems. The creators of these programs did not anticipate that individuals would be using the documents in situations that could result in criminal liability.
You may choose to have the trust reviewed to determine if the trust is valid, or reviewed to see if there are issues with the NFA that are not dealt with in your trust, but either way it is important to have your trust reviewed by someone who is familiar with estate planning as well as the NFA.
Joshua Prince alerted me to a blog post on a developing situation he ran across on Subguns where an individual used Quicken to attempt to create a trust for NFA purposes. Unfortunately the BATFE has now decided that his Quicken trust was invalid and is seeking to seize his MAC-11 and Silencer. He could also be subject to a prison sentence of 10 years and $250,000 in fines.
This is a very unfortunate situation that could cost the individual severely. Its important to remember that just because the ATF approves your transfer, it does not mean that you are legally in possession. This is the second situation involving invalid trusts and the ATF that we have seen this month. It looks like the ATF is beginning to look more closely at the trust documents they are receiving.
If you created a trust for NFA purchases in Quicken, Legal Zoom, or used another generic trust that was not reviewed before by a lawyer before submitting it to the BATFE, you should contact a NFA trust attorney to review your trust for validity. If you need help finding a local NFA Trust Lawyer we can help. We work with attorneys in more than 40 states including Florida Gun Trust Lawyer®s and South Carolina NFA lawyers to help review and create valid NFA trusts.
Note: At this time the link to the subguns has been taken down because of questions. We believe this posting is authentic based upon correspondence with the individual but will update this post as the situation and our agreement with the individual (if any) allows.
A Vermont NFA Gun trust is a great way to purchase, hold, transfer and use both NFA firearms as well as "Assault weapons" and other firearms when you want to protect your family and friends from unintentional criminal liability that goes with the improper use and or transfer of these items.
The Gun Trust can also help preserve your right to transfer the items to your children or family in the event there are legislative changes that might forbid such activity in the future.
If you would like to discuss how NFA trust can help your and your family purchase own or possess firearms, Contact an attorney familiar with Firearms and estate planning or a Vermont Gun Trust Lawyer®
the NRA is asking that you contact Governor Charlie Christ by phone, fax or email to ask him to veto Conference Report SB-2600. Section 59 is what authorizes the sweep of 75% of the trust funds for other purposes.
Phone number: (850) 488-4441 or (850) 488-7146
Fax number: (850) 487-0801
Send your email to the Governor at this address: Charlie.Crist@MyFlorida.com
Nearly all states allow qualified law-abiding citizens to carry guns for self-defense, but a few states allow local officials to arbitrarily decide who may exercise this core Second Amendment right. In the action filed today, Plaintiffs challenge the policies of two California Sheriffs, in Sacramento and Yolo counties, who reject the basic human right of self defense by refusing to issue ordinary people gun carry permits. Of course, violent criminals in the impacted counties continue to carry guns without police permission.
State scientist Deanna Sykes believes her sexual orientation and small stature makes her an appealing target for criminals, particularly as she often transports firearms as a competitive shooter and firearms instructor. "I am highly qualified to defend myself against the sort of crime that the Sheriff cannot, despite his best efforts, completely eradicate," Sykes said. "Violent crime is a real risk in our society, but happily, we enjoy the right to defend ourselves from it."
Although dealers and manufactures have the ability to transfer these restricted items, individuals and other companies who are not licensed by the ATF must comply with both the federal and state laws in place regarding possession, transfer, and use of these firearms.
Your possession of the SBR would violate the NFA, and potentially state laws. When you ship the items back to the manufacture you could be violating state and federal firearms laws. Generally, in situations like this, it might be best to go to the manufactures site and do your marketing efforts at their location to avoid violating state and federal regulations on firearms.
Florida Statutes 790.001(6) defines a Firearm as as any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.So it would appear that a Felon could own certain black powder guns in Florida as long as the firearm was not used in the commission of a crime. There has even been some case law dealing with black powder firearms owned by a felon.
Florida Statutes 790.001(1) defines an Antique Firearm as any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
In 2005, Florida's 5th DCA, affirmed the lower courts ruling that David Bostic, a convicted felon, had violated the law by being in possession of a firearm. Bostic had claimed that his black powder firearm was an antique firearm and thus exempt from the restrictions place upon him. The court agreed that he was able to own an antique firearm but disagreed that his firearm was an antique. The court stated that Florida case law defines replica as a reasonably exact reproduction of the object involved that, when viewed causes the person to see substantially the same object as the original. The DCA found that Bostic's gun was not a replica because the original did not have a fiber optic sight that was present on his gun. The court also stated that merely having an ignition system similar to that found on an antique firearm is not sufficient to render a firearm a "replica" of a firearm manufactured in or before 1918.
In Williams, the Florida Supreme Court in dicta dealing with the concealment of an antique firearms states that the result of such an interpretation to allow convicted felons to be in possession of antique firearms is absurd. And that a basic tenet of statutory construction is to not yield an absurd result.
While these two cases seem to contradict each other, both courts find a reason to deny the felon possession of an antique firearm. There are no cases which state approve the possession of an antique firearm by a felon.
This topic was also covered on the Jacksonville Criminal Defense Lawyer Blog by Florida Criminal Lawyer