December 2009 Archives: NFA Gun Trust Lawyer Blog  

December 2009 Archives

December 19, 2009

My lawyer says not to worry but I would like a second opinion from an NFA lawyer.

Today I received an email from someone who was forming a trust to transfer assets from their father's estate. There were NFA items in the father's estate. The person's estate planning lawyer had advised them that it was OK to transfer NFA firearms to a trust using a general assignment of personal property. A general assignment of personal property is a standard form that transfers all personal property not requiring a deed or special documentation to a trust and is commonly used with a standard revocable living trust.

Unfortunately his lawyer must not have been familiar with the NFA because no one should ever do such a thing. This would be a violation of the National Firearms Act, and subject the individual to confiscation of all firearms, 10 years in jail for each violation, and up to a $250,000 penalty for each violation.

At this time of the year, we are often short of time and rushing to take care of things before the holidays. Before making a mistake with an NFA firearm, learn about them and the additional restrictions placed upon the use, possession, transfer, and purchase of them in your state and around the country.

If you are going to ask a lawyer about an issue involving the NFA, make sure they understand the NFA and what a Title II firearm and Class 3 SOT license are. We all know firearms can be dangerous in the hands of the uneducated, here is an example where the uninformed can cause you a problem.

To contact a NFA Firearms Attorney, just email us or call us and we will be glad to help.

December 16, 2009

ATF Now wants Certification of Compliance with Trust

While ATF has previously stated that a certification of compliance is not necessary for trusts, they have now changed their mind or at lease in some cases. For this reason we are now recommending that you send in the 5330.20 with your Form 4 or Form 1 application to purchase or make a firearm restricted under the NFA.
We will create a sample Form 5330.20 to review. Here is a link to download a Certification of Compliance with 18 U.S.C. 922(g)(5)(B) ATF 5330.20

December 13, 2009

Does the Definition of Education in Your Firearms and Estate Planning Trust Allow for Firearms Training?

A California Gun and & Trust Lawyer, (not currently a NFA Gun Trust Lawyer®) has written an interesting article on creating language in your trust to specifically permit the trust funds to be used for firearms education and training along with the typical K-12, college, or post-graduate study that most trusts would allow for. After all it was George Washington who said that "firearms deserve a place of honor with all that's good."

David R. Duringer, a firearms trainer, and attorney licensed in CA and WA goes on to state:

Such training can provide your children with the comfort of skill at arms so they can protect themselves and their own children, and furthermore, passes on American values necessary to preserve political independence of families in our society. Other benefits of such training can include increased personal responsibility and lower juvenile delinquency rates.

You may even want to go further with an incentive trust provision actually requiring this training, possibly with achievement standards.

For more information on California Estate Planning Visit David's site or for Florida Estate Planning you can visit my Florida Estate Planning Lawyer Blog or my firm's website on Florida Estate Planning and other topics. If you need help getting in touch with an estate planning lawyer in your state who is firearms friendly just let me know.

December 2, 2009

United States Court of Appeals Suggests Trust for Firearms to Solve Problem

In a recent decision (US v. Miller), the Seventh Circuit Court of Appeals suggested transferring firearms into a trust to resolve an issue involving firearms that were confiscated. The owner of the firearms was not legally able to be in possession and the government was not able to return his firearms because of the felony conviction. In this case, the government failed to institute a forfeiture within the 120 days permitted under 18 U.S.C.924(d)(1).

If the guns were owned in a Firearms Trust prior to the problems, there would be no problem in returning them to the Trust as long as the Trustees were changed to exclude the felon before the return of the firearms.