July 2009 Archives: NFA Gun Trust Lawyer Blog  

July 2009 Archives

July 27, 2009

Choosing the NRA as the Beneficiary of your NFA Trust

Often individuals do not have a specific beneficiary in mind when they create a Gun Trust. Many of these people do not want their heirs to receive the firearms or do not have heirs and choose to list NRA.

If you are considering listing the NRA as a beneficiary, here is some information on how to list them properly.

501(c)(4) Organizations:

  • The National Rifle Association of America
  • NRA-ILA (Institute for legislative Action)

501(c)(3) Organizations:

  • The NRA Foundation, Inc.
  • NRA Special Contribution Fund (NRA Whittington Center)
  • NRA Civil Rights Defense Fund
  • NRA Freedom Action Foundation
If you choose The NRA Foundation, Inc.  you may also choose an optional endowment to further specify how the funds are used:
  • Competitive Shooting and National Championships Endowment
  • Disabled Shooting Services Endowment
  • Firearms and Marksmanship Training Endowment
  • Gun Collecting Endowment
  • Gunsmith Training Endowment
  • Handloading Education Endowment
  • Hunting and Wildlife Conservation Endowment
  • Law Enforcement Training Endowment
  • National Firearms Museum Endowment
  • NRA Civil Rights Defense Fund Endowment
  • NRA Voice of Freedom Fund Endowment
  • Range Facilities and Programs Endowment
  • Scholarships Endowment
  • The NRA Foundation General Endowment
  • Women's Programs Endowment
  • Youth Education Endowment
For more information on the NRA Endowments please contact the NRA at (877) 672-4483.
July 26, 2009

New Jersey is About to Eliminate Handgun Sales

New Jersey is about to limit handgun purchases for dealers and individuals to 1 per month according to Attorney Evan Nappen's interpretation of the proposed legislation. As a result, once dealers sell their inventory, you will no longer be able to purchase handguns in New Jersey. The proposed legislation will have the effect of putting all gun dealers out of business and their employees will lose their jobs.

Evan has put the legislation on notice of this for over a year but the bill has not been modified to correct for this oversight. Some believe it is an oversight, others believe that it is intentional.

This bill seems to violate the commerce clause and the Heller decision by the Supreme Court last year. If passed it will undoubtedly be challenged on a constitutional basis.

July 22, 2009

Birthplace Now Required for Background Check

Keep your information private by purchasing firearms with a NFA Trust.

Beginning June 29, 2009, the FBI Criminal Justice Information Services (CJIS) Division's National Instant Criminal Background Check System (NICS) section is requiring that place of birth be provided for all FBI-initiated transactions.

There are claims that this addition to the NICS will be valuable for the following reasons:

  • Place of birth is a mandatory field on the ATF Form 4473 and is therefore readily available for inclusion in the NICS check. There are no additional information disclosures for the potential purchaser or data collection requirements for FFLs.
  • Being a name-based search, having additional data points such as the place of birth helps to increase the accuracy and efficiency of firearm eligibility determinations. Place of birth is either a mandatory or optional field for entry of records into all three of the databases that the NICS searches against: the Interstate Identification Index (III), the National Crime Information Center, and the NICS Index.
This new requirement, to provide place of birth when initiating a NICS background check, will have minimal impact to the FFL and should reduce cases where the approval cannot be determined.

If you have additional questions regarding the newly required place of birth information when initiating a NICS check, please fell free to contact NICS Customer Service at (877) 444-6427.
July 19, 2009

Texas NFA Trust

A NFA trust is a type of revocable trust that have been modified to deal with the unique issues of NFA and Firearms purchase, ownership, transfer and possession.

Most typical trusts like those created from Quicken, Legal Zoom, or other lawyers can create problems for the Trustees, successor trustees and beneficiaries because of the instructions and powers found within them. They actually can cause an individual to create criminal liability for breaking the law. You should be careful if you have a standard trust that you are using to hold possession to firearms. Firearms that are restricted by the NFA need to be treated differently that a traditional asset found within a Revocable trust.

If you would like your trust reviewed, contact a Gun Trust Lawyer® for more information. We have several Texas NFA trust attorneys and lawyers that we are working with. Make sure that when you are talking with a Texas NFA trust lawyer that they are using the latest version of our NFA Trust.

July 16, 2009

Individual Transfer of Title II Firearms under the NFA

If you are purchasing a silencer, SBR, SBS, AOW, or Machine Gun from another individual a dealer is not required unless your state requires a dealer for a normal firearm transfer of the same class. Most states allow individual transfers for normal firearms and Title II firearms. Its best to check your local state laws for verification on this issues. If you are doing an individual Form 4 transfer, you can follow the sample form 4 and instructions found on our How to fill out an ATF Form 4 page. The only difference is that the seller will put their information where the dealers information is on the sample.

July 15, 2009

How is a NFA Gun Trust Different than a Revocable Trust

A Gun Trust is different than a typical Revocable Trust. While it is possible to hold other assets in a NFA Gun Trust, we recommend that only firearms be placed in the trust.  There is no reason to subject your other assets to the liability associated with the improper use, possession, or transfer of these items.  No other trust begins to deal with the many unique issues of Title II firearms ownership, possession, transfer, and use.  The NFA Gun Trust has been reviewed and modified by more than 75 Estate planning and/or Firearms law lawyers who are licensed in more than 40 states. Whether your goal is to purchase a single silencer or hundreds of Title II firearms, our NFA Gun Trust can be easily modified to address your specific issues.

There are many problems in using a traditional trust when dealing with firearms.  Its not enough for a beneficiary to reach a certain age prior to distributing an asset like you would do with a couch, picture on the wall, or bank account.  You must ascertain the geographic location of the beneficiary, determine whether the items are legal in that state, determine if the beneficiary is legally eligible to receive, own, or possess the items, and most importantly determine if the beneficiary is mature and responsible enough to be in possession of the firearms.  We all know that one of the most important things with gun ownership is training.  We would never hand a gun to someone without providing them instructions on how to use it, but that is exactly what we do when we use a traditional trust.   In addition, we put our family members and friends at risk when they carry out the instructions in the trust because most trusts instruct the successor trustee  to break them law, when holding, purchasing, or selling assets by not pointing out how these simple actions will violate the NFA and create criminal and civil liabilities for our family members.  Above is only one of the many areas that illustrate why a traditional trust is not suitable for firearms, much less Title II firearms.

In addition to the many protections created for your family, a NFA firearms trust can help you acquire class 3 weapons without the need for fingerprints or CLEO sign off.  Many CLEO's  are refusing to look at Form 4's and/or Form 1's.  

<a href="http://www.guntrustlawyer.com/contact.html"> Contact a Gun Trust Lawyer®</a>
with your specific situation so that we can address how a NFA Trust offers unique and specific protection for your family and circumstances.
July 14, 2009

Benefits of an NFA Trust

While there are many benefits of an NFA Trust, I am often asked for some of the main benefits. I have a list of 10 of the main benefits of an NFA trust. The benefits vary based on each individual's circumstances but most of these apply to everyone.

1) The ability to tell your representatives how to properly transfer these assets upon your death;
2) The ability to transfer assets to children even below the age of 18 at a later time while giving the trustee the ability to look at the child's mental state, physical location, and age in addition to whether the child is legally able to own, possess, or use the firearms;
3) The ability for the Trustee to refuse assets transferred by will or other means if NFA and state requirements are not complied with;
4) Requirement to comply with NFA and State laws for transfer of NFA related assets;
5) The ability to make uneven distributions to heirs to conserve value of assets;
6) The ability to purchase Title II weapons, without creating a violation of the duties of the trustee;
7) The ability to use the weapons in the trust without creating liability to the beneficiaries;
8) The instructions and formalities on how to: manufacture items under a Form 1, how to purchase items correctly under a Form 4, how to properly document and transport Title II firearms with a Form 20.
9) Protection for yourself and your family from Constructive Possession - a violation of the NFA.
10) The ability to add others to your trust at a later time and create additional authorized users of the firearms.

If you would like to discuss how a NFA trust can benefit you or your family, please Contact
us or one of our Gun Trust Lawyer®s by email or 904-866-4228.

July 9, 2009

Can I Carry an SBR Concealed with a CWP?

sbr.jpgGenerally an SBR is considered no different than a riffle under most state laws. With this in mind, you have to look at your CWP statutes to see how a weapon or firearm is defined for purposes of the statute.

In Florida, the statute that deals with Concealed weapons and firearms defines what can be carried  (Florida Statute 790.06 -License to carry concealed weapon or firearm) which states:

(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

This means that an SBR cannot be carried concealed in Florida. In addition, a Machine Gun Pistol would not be able to be carried concealed with a Florida CWP.

July 7, 2009

Free Gun Rights Bumper Sticker

The Citizens Committee for the Right to Keep and Bear Arms is offering free bumper stickers nationwide by calling them at 425-454-4911 or visiting their website.
July 6, 2009

Form 4 Approval Times Appear to be Decreasing Again

Prior to November, the time to approve a Form 4 was less than 8 weeks. After November 20th, the number of people purchasing NFA items significantly increased and as a result the time to receive an approval on their ATF Form 4 or Form 1 increased to more than 6 months at their peak (26+ weeks).

Today I received a note from a client who obtained his approved Form 4 for his SBS only 59 days after submitting it to the BATFE. Hopefully this will be the norm and not the exception. Please let me know how long your Form 4 or Form 1 is taking for approval.