September 2010 Archives

September 26, 2010

Dishonorable Discharge and NFA Firearms

The dishonorable discharge is based on a general court-martial conviction. This means the conviction is a felony, regardless of what the underlying offense may have been. The convicted felon is banned from possessing a firearm including Title II Firearms (a Silencer, SBR, SBS, AOW, or Machine Gun).

A person who is convicted of a crime that is punishable by imprisonment for more than one year ( including a dishonorable discharge) is prohibited from possessing a firearm. Under 18 U.S.C. 922(g), a felon who is found guilty of gun possession may serve up to 10 years in prison.

If you have been convicted of a felony or a dishonorable discharge, be careful of constructive possession. You could be guilty of being in possession of a firearm if your spouse or another family or household member has a firearm that you "could" access.

September 25, 2010

Pennsylvania Gun Trust Lawyer®

Joshua Prince, a Pennsylvania Gun Trust Lawyer®, has an article on his blog talking about using us for Florida Gun Trusts. We also have a network of Gun Trust Lawyer®s in more than 43 states. Mr. Prince is a NFA Firearms owners and really understands the unique issues involved in PA Gun Trusts. If you need help in the state of Pennsylvania, Mr. Prince can provide a PA Gun Trust by email and telephone in a few days and we have heard nothing but praise over his trusts.

If you need help finding an attorney in your state, Contact Us and determine if a gun trust is appropriate for your needs. If so, we can draft the trust under the NFA rules and then have a local attorney or one licensed in your state review and make changes based on your state's laws and requirements.

September 25, 2010

No I Hadn't Thought About It! - Guns and Trusts

guns.jpg

Conne Tampas, in her recent quarterly newsletter talks about providing Gun Trusts and mentions the Gun Trust Lawyer®.com  website as a resource for lawyers and attorneys who are interested in providing NFA Gun Trusts to their clients.

Her newsletter uses some nice technology to provide an online PDF publication that contains great legal information on a variety of topics as well is fun to experience from a technological point of view.

While many lawyers have asked us for a copy of our CLE materials in Audio or Video format, we have been unable to provide the materials as they were not captured.  We are considering creating materials for lawyers who want to learn about creating NFA firearms Trusts for their clients.  In the mean time, feel free to Contact Us using the contact forms on this site and I will send you the written materials I have and answer any questions.

September 15, 2010

Gun Trust Lawyer®, David Goldman Teaches Florida Lawyers About Firearms Trusts For CLE Credit

cle.jpgOn Tuesday September 14th, 2010, David Goldman spoke to the Port Charlotte Estate Planning Council in South West Florida. The discussion covered the following topics.

The Background of the NFA
1) What is the NFA and why should I care?
2) What is a NFA Firearms Trust?
3) Why people use trusts to buy Machine Guns, Silencers, and other restricted firearms?
5) Marketing for Firearms Trusts.
4) Whats wrong with a traditional trust and why using a traditional revocable trust is malpractice?

  • a) Penalties for violating the NFA.
  • b) The benefits of trust ownership over individual ownership
  • c) The unique firearm regulations to Florida regarding SBR's and SBS
  • d) The benefits of trust ownership over individual and business ownership.
  • e) Gun store trusts, quicken trust, trusts found on the Internet.
  • f) UPL by gun stores and manufactures rampant
  • g) Invalid trusts
  • h) Modifications needed for pour over wills
  • I) Taxable issues regarding firearms- transfer fees as well as gifting issues
  • j) The Assault weapons Trust and opportunity.

If you are interested in learning about NFA firearms trust, contact a Gun Trust Lawyer® to discuss how they may be beneficial to you or your clients.

September 12, 2010

Recent ATF Rumor regarding Revocable Gun Trusts- Don't be fooled by ATF Approval of Invalid Trusts

Recently we have begun hearing that the ATF is no longer requiring a Schedule A and/or an Assignment of Assets with a Trust. While we have not been able to verify this with ATF at this time, we would still suggest sending in these documents with your trust for approval. Remember that just because ATF approves your trust, they are not stating your trust is valid, only that it meets their limited review of criteria. We have seen many cases where the ATF approves trusts that are not valid and subject the individuals to potential criminal charges, confiscation, and fines of up to $250,000 per offense.

There are significant advantages of using an Assignment sheet over a schedule of assets or as some trusts refer to it "a Schedule A". While most believe that the registration of firearms has been shown to be one of the first steps in the confiscation of firearms by the government, there are many individuals who unknowingly and freely give the ATF a complete list of their firearms by using a Schedule A. An assignment sheet can still transfer assets into a trust, but not create a full list of the assets and become part of the trust document. This additional privacy is an important advantage to using a NFA Gun Trust like we have created. To find out more about Gun Trusts or have your trust reviewed for problems with the NFA contact a Gun Trust Lawyer® by email or call us.

September 11, 2010

Texas Gun Trust Lawyer®: How to purchase Title II firearms from a Class III Dealer.

We have several Texas NFA Gun Trust Lawyer®s that we work with. While it is not necessary to visit the lawyers office, we have Texas Gun Trust Lawyer®s we work with in Austin, San Antonio, Dallas, Midland, and Houston. If you are talking with a lawyer about a NFA firearms trust for the purchase of Title II firearms from a Class III dealer remember to ask them if they are using the copyrighted Gun Trust from GunTrustLawyer.com. If you would like more information on the What a NFA Firearms Trust is and why it is significantly different that an standard revocable trust, contact a Gun Trust Lawyer® and we would be happy to send you information and answer any question relating to the NFA and Title II firearms ownership, transfer, possession, or use.

To create a Texas Gun Trust Contact Us by phone or email and we can begin the process. Typically we draft the trust for the NFA and have the local attorney modify it for Texas. Depending on your situation, a specific Texas attorney may be chosen. The cost of the trust includes the local counsel and the fees are shared with the local attorney. Our Fee is for the National work and the Texas Gun Lawyer is compensated for the Texas legal work.

Updated 9/11/10
We have relationships with Several Texas Gun Trust Lawyer®s including:

Austin Gun Trust Lawyer®
Dallas Gun Trust Lawyer®s
Ft. Worth Gun Trust Lawyer®s
Houston Gun Trust Lawyer®s
Temple Gun Trust Lawyer®s
San Antonio Gun Trust Lawyer®s, and
Midland Gun Trust Lawyer®s