November 2010 Archives: NFA Gun Trust Lawyer Blog  

November 2010 Archives

November 30, 2010

Have NFA Gun Trusts or Revocable Living Trusts Been Successfully Challenged by ATF?

We often get questions regarding the use of NFA Trusts in regards to legal challenges to show that they are permitted under the NFA.

While there are no successful challenges that stand for the positive or negative use of a NFA Trust, Trusts are not generally denied because the Federal statutes specifically authorizes the use of a trust for ownership of a item restricted by the NFA. There have been many applications with the ATF by people using other forms of Trusts that have been denied because the application or the trust was improper.

The more troubling issue with a Trust is that there are many invalid trusts that have been approved by the ATF. The reason this is problematic is that many individuals feel there possession and use of these firearms valid because ATF approved the transfer. They do not realize that the ATF's approval is to a valid trust and while they may disapprove an obviously invalid trust, there is no requirement for the ATF to validate (nor do they validate) a trust.

The approval process does little to shield the individuals from the liability that comes with an improper transfer, possession, and use of a NFA firearm and a Valid Form 4 or Form 1 to an invalid trust does not protect your right to ownership, use, or possession of NFA firearms.

The traditional estate planning trust and many so called gun trusts do not deal with the NFA and actually instruct individuals to break the law in regards to transfer, possession, and use of the restricted firearms. This is why it is important to have a professionally drafted trust that is specific to the NFA and actually guides you, your family and beneficiaries thought the correct process of determining what to do in the case of your incapacity or death depending on the individual circumstances that exist at that time.

For more information on how a NFA Gun Trust can protect you and your family from violations of the NFA Contact a NFA Gun Trust Lawyer® in your state or a Florida Gun Trust Lawyer®

November 16, 2010

Obama Picks a Director For the A.T.F.

atf-logo.jpgThe New York Times is reporting that Nearly two years into his term, President Obama on Monday finally chose a director for the Bureau of Alcohol, Tobacco, Firearms and Explosives. Mr. Obama will submit the name of Andrew Taver, the special agent in charge of the bureau's Chicago field division, to the Senate for consideration.

Mr. Taver may face a confirmation fight as it will require Senate confirmation.

November 14, 2010

Brandishing a Silencer?

How many of you have taken your silencer out to show to someone. Did you know that even if it is not attached to a gun, a silencer is defined by federal law as a firearm. Many states also define it as a dangerous weapon like a taser or a knife.

In Florida and many states that have concealed weapons permits, it is illegal to show someone a firearm or weapon under certain circumstances. With this in mind, you should be careful to comply with your states concealed weapons laws when showing people your silencer. Many people do not realize they are legal and because of this it is possible that you could be reported for having one and charged with a crime.

While we know of know one who has actually been charged with this offense and feel that the likelihood is small, it does not make the act legal and you should be cautious.

November 12, 2010

How Long Should My ATF Form 4 or Form 1 Approval Take

Generally we are hearing that it is taking 3-5 months from the time you submit your ATF forms for approval. A local gun store Shooters of Jacksonville told me they have two agents assigned because of the number of transfers they do. They stated that this means that ATF Form 4 applications that they sent in are processed faster than at other locations. While I do not know if this is true, I can state, that a recent Form 4 I submitted through Shooters only took 75 days from the date I signed it, until receiving the approved Form 4.

If you want to check on the status of your Form 4 or Form 1, you will need your serial number and to contact ATF.

National Firearms Act Branch,
Bureau of Alcohol, Tobacco, Firearms and Explosives
244 Needy Road, Suite 1250
Martinsburg, WV 25404
Tel 304-616-4500

November 8, 2010

Silencer University - Yes Silencers are legal!

CanU-Diploma.jpgThink you know all about silencers? You may be surprised to see what you don't know about them. Check out Advanced Armament Corporations Can U - The Silencer University.

When you pass the test, they will send you a membership card and discounts on products.

November 8, 2010

Silencer's on an airplane and being detained by TSA

tsa.jpgLast week, I got an email and spoke to an individual (who was an attorney) who had been incorrectly advised by TSA that it was OK to carry a silencer on a plane. The problem occurred when he tried to follow TSA's advise. A silencer is defined as a firearm and should not be taken in one's carry on luggage. Luckily this individual was not charged with a crime and only ended up being inconvenienced and missing his flight.

After contacting the FBI, BATFE, and Dallas police (none of whom had a definitive answer) the Dallas police and DFW police said the suppressor should be turned over to TSA who eventually returned it to the owner.

Others have reported that TSA does not understand that Silencers are firearms and have not allowed them to put them in locked containers as other firearms.