February 2010 Archives

February 23, 2010

Is it possible to change my Trust document to take advantage of the NFA Firearms Trust Provisions

We are often approached by individuals who have formed trusts and want to know if they can upgrade the language in their trust to take advantage of the provisions in our NFA Firearms trust.

This can be done by amending and restating your existing trust and is a simple process. The process involves a review or your trust as well as an interview to determine what you are trying to accomplish, your family situation, and ways to reduce future taxes as well as legislative changes involved with the transfer of NFA firearms in the future. Once a plan is made, we simply amend your trust to our new trust and the changes become effective upon execution of the new documents.

If you have pending transfers it is possible to contact ATF and let them replace the document in your application and when it is approved it will be under the new trust document. The lawyers we work with do not charge any extra for this process if the review is done at the time when the new trust is ordered. If you just would like your trust reviewed, the typical cost is $150. If you later decide to upgrade your trust, $100 of the fee is waived, but if you determine you want to upgrade your trust from the beginning there is no additional fee over the cost of the trust.

February 23, 2010

NFA Firarms Trust & ARAG Legal Services

arag_logo.gifSeveral of our attorneys are under the ARAG plan and can offer NFA Firearms Trusts for individuals who are under the plan. If you have ARAG you may qualify for a no-charge NFA Firearms Trust or one at a significant discount. Your individual plan will describe your results.

February 22, 2010

Our Copyrighted NFA FirearmsTrust

COPYRIGHT.gifThe NFA Firearms Trust that we and our lawyers use is a copyrighted document. We have had several individuals ask us what this means in regards to its use.

When you purchase a NFA Gun Trust, you are permitted to make a copy of the trust for your own use and for submitting to the ATF. You are not permitted to copy the text and post it online, provide it to another individual for their use, or provide it to an attorney to copy to create trusts using our language. In addition, you are not permitted to remove our copyright notices from the documents and doing any of the above can result in civil damages for lost profits or statutory damages of up to $30,000 for each act of infringement. If a court determines that a violation is willful or intentional the liability increases up to $150,000 plus attorney's fees under Title 17, United States Code Sections 504 and 505.The copyright covers the text of the trust as well as the instructions / memorandum.

Recently it has come to our attention that a lawyer is using our copyrighted text and incorporating our wording and protections into their own trusts. We take this very seriously and expect others to do the same.

We have invested hundreds of hours in creating our NFA Firearms Trust and supporting materials and offer it to the public at a fair price. In order to continue to offer our work at a fair and reasonable cost, expect that our clients and competitors to respect our rights and help us maintain our copyrights.

If you have a copy of our trust or believe you have received an improper copy of our trust and would like a proper license to use our language please Contact Us so that we can properly license you and provide the support and upgrade options that goes along with our documents.

February 16, 2010

ATF says ATI's Fake Suppressor is Regulated by NFA

If you purchased a GSG 5 SD model with a barrel shroud (Fake Suppressor) ATF has now determined that this is regulated by the NFA and must be replaced.
To all retail customers:

On January 2010 American Tactical Imports Inc received official notification from the Bureau of Alcohol, Tobacco, Firearms and explosives that the original barrel shroud (aka: fake suppressor) supplied with your GSG 5 SD model must be replaced. It has been determined that this shroud is regulated under the National Firearms Act. American Tactical will provide a replacement shroud at no charge for each GSG 5 SD model sold or currently in inventory.

Consumers in possession of a GSG 5 SD model with the original shroud in place on the firearm are now in violation of the NFA. To avoid continued violation of the NFA, ATI asks that all persons in possession obtain a replacement shroud as soon as possible. We anticipate arrival of the new shrouds to begin by the middle of February 2010.

IMPORTANT: THE ORIGINAL SD MODEL SHROUD MUST BE RETURNED ACCOMPANIED BY THE FIREARM SERIAL NUMBER BEFORE A REPLACEMENT SHROUD IS ISSUED. THE DIAMETER OF THE SD SHROUD IS 1-9/16". DO NOT RETURN THE SMALLER CARBINE SHROUD.

WHAT TO DO:
If possible return your old shroud to the dealer where purchased and show him this notice. The shroud will be returned to ATI along with a list of serial numbers from the guns that the shrouds were removed. ATI will send replacements to the dealer for pick up at your convenience; ATI will be sending replacements as fast as logistics allow. If your dealer is out of business or difficult to reach, or you purchased your gun used, from a consumer, return the shroud directly by US mail or UPS to American Tactical Imports Inc. 100 Airpark Drive Rochester, NY 14624.

PLEASE TRY NOT TO CALL US. We will provide comprehensive information on our web site www.americantactical.us or by e-mail to atiexchange@americantactical.us

REMEMBER, INCLUDE THE FIREARM SERIAL NUMBER WITH EACH SHROUD OR A REPLACEMENT WILL NOT BE ISSUED.

This action IS NOT being instituted through any fault and is strictly due to NFA compliance. American Tactical will assume the responsibility to satisfy the requirements in an effort to minimize the impact on our customers and protect your investment.
We at American Tactical Imports Inc. sincerely apologize for any inconvenience caused by this unfortunate situation.

Sincerely,
Anthony DiChario
President C.E.O.

February 15, 2010

Can a NFA Firearms Trust hold a C&R, FFL, or Class 3 SOT License?

NOTE: because of a recent law change the following information will be obsolete as of September 2011. Starting 8/28/2011 you will be able to use a NFA trust to purchase NFA firearms in Missouri without the need of a C & R, FFL, or use of a Corporation or LLC.

A trust may not obtain a C&R license. In some state like Missouri, to purchase Title II firearms you must have a FFL. Missouri considers a C&R a FFL for this purpose. A trust may not obtain a C&R or other FFL.

If you want to use a NFA Trust in Missouri, it must be done in conjunction with a Corporation or LLC. The Trust can be the member and the Manager of the LLC or Corporation which adds the ability to deal with incapacity, death, and easily changing the authorized users.

February 9, 2010

NRA Life Memberships save $700

As a Life member of the NRA, I was recently given the opportunity to offer my family and friends a Life membership for only $300. The normal price for a life membership is $1000. If you are a client of ours and would like to take advantage of this please contact me using the contact form and I will let you know the details. This is a limited time offer so if you are interested let us know soon.

February 4, 2010

ATF Reviewing Trusts for Legal Validity

The ATF has recently made a decision to review Trusts for legal sufficiency. While this may slow things down for those using generic trust for NFA purchases (Quicken, Legal Zoom, Gun Store Trusts) I think its a good idea and will protect many from unknowingly violating the NFA.

We have seen several issues where the ATF is declaring trusts to be invalid that are in fact valid under various state laws. They claim they are not practicing law in those states and will not give legal advise. They suggest that you have the trust reviewed by a lawyer to tell you why it is invalid or make changes to the trust to make it valid.

If your trust was rejected by ATF we can help by reviewing and or amending the trust with our network of 75 attorneys in more than 40 states.