July 2011 Archives: NFA Gun Trust Lawyer Blog  

July 2011 Archives

July 29, 2011

Gun Shop Liability for Distributing Living Trusts and the Unauthorized Practice of Law

I recent read a very well written article by a Washington Lawyer regarding liability for the gun store and potential ethical violations for an attorney who works with a gun store in regards to providing Trust Forms. Many state bars have gone after Trust Mills in the past for very similar issues and there is case law all over the country concerning these issues. If you know a gun store that is providing Trusts to their clients, you may want to send them a copy of this article and suggest that they check out the liability and legality of their actions.

As a potential purchaser of a NFA firearm with a Trust, you might read the article from the viewpoint of the potential liability to the gun store. This will give you an independent perspective on what could go wrong if you use a generic trust to purchase NFA firearms.

Download the article UPL by Gun Shops.pdf

If you want to create your own Gun Trust without a lawyer, there is a real online Gun Trust that can be created in less than 10 minutes.

If you want to create a gun trust with the help of a Gun Trust Lawyer® Contact Us to begin the process.

July 28, 2011

Gun Trust Lawyer® David Goldman added to FFLGuard Programs

jpeg.jpegWith the increased response and questions regarding Trusts for firearms and other NFA firearms, Gun Trust Lawyer® David Goldman will be working with FFLGuard and their Firearms Dealers and Manufactures to help educate Class III dealers of Title II firearms around the country and provide their employees and clients with NFA trusts specifically designed to deal with the unique issues of firearms ownership, possession, use, and transfer in more than 43 states.
A full press release on Mr. Goldman's participation in FFLGuard can be found at our website by clicking this hyperlink.

July 23, 2011

NFA Gun Trust Lawyer® and related Sites

Over the past several years the Law Office of David M. Goldman PLLC has expanded into several additional practice areas. As these practice areas grown we have been adding staff and creating more informational blogs to help consumers and our clients understand some of the common legal issues. May of our current readers do not realize that we cover these additional practice areas so I wanted to take a moment to update you with them:

For those of you who use an iPhone, we are trying to make some of the information and resources available through our new Law Office of David M. Goldman PLLC iPhone Application.

Our main Website is for the Law Office of David M. Goldman PLLC

The Florida Estate Planning Lawyer Blog covers a variety of topics focusing on Asset Protection, Estate Planning, Elder Law, Guardianship, and Probate

The NFA Gun Trust Lawyer® Blog covers unique issues involved with estate planning, the purchase, possession, use, and transfer of firearms including those regulated by the National Firearms Act. Helps provide guidance on a National level through a network of over 150 lawyers in 43 states.

The Jacksonville Criminal Defense Lawyers Blog covers issues related to criminal defense, case-law updates, and legislative changes as they relate to protecting your rights from restrictions by the State of Florida dealing with your freedom.

The Florida Foreclosure Defense Lawyers Blog covers issues in Florida and around the country that help homeowners protect their home which is often their single biggest purchase. While we write on topics that have relevance to the entire state, our practice area focuses on the counties surrounding Duval or the City of Jacksonville and its surrounding area.

The Jacksonville DIvorce Attorney Blog covers topics relating to your family life, marriage, divorce, child custody, support and guardianship. Many of the articles help our clients to understand what can happen in these very emotional times and how slight differences in the circumstances can make a significant difference.

The Jacksonville Personal Injury Lawyer Blog covers issues relating to injury and compensation for the negligence of others. This is our newest blog and will be launching in the next few weeks.

The Jacksonville Bankruptcy Lawyers Blog covers topics related to bankruptcy and specific circumstances that may allow one to qualify for certain exemptions and benefits afforded under the Federal bankruptcy Code.

We hope you enjoy our postings and take the time to visit some of out other blogs that cover different Florida legal issues as over 50,000 people a month do. If you have a question regarding one of these area or something involving a legal issues in Florida, please Contact Us and one of the lawyers in that practice area will respond.


July 22, 2011

Missouri (MO) What NFA Class 3 Firearms can I own?

NFA Class 3 firearms There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In Missouri you can own the following items that are regulated the the National Firearms Act

Machine Guns
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
Any Other Weapon (AOW)
Silencers
In Missouri you cannot own the following NFA restricted items.
Destructive Devices (DD)
Follow this link to find out more about Missouri and NFA restrictions on Class 3 Firearms

<strong>NOTE:</strong> 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.
July 17, 2011

North Carolina, NFA, Trusts, & Machine Guns

The NFATCA had an article about a revision to NC Law that will put to rest the controversy over the use of Trusts and also apparently drop the Machine Gun Permit for residents of the state of North Carolina North Carolina HB650 was signed into law on June 23rd, 2011 and will become effective on December 1st 2011

H650 [Ratified] Page 5

SECTION 8. G.S. 14-288.8(b) reads as rewritten:

"(b) This section does not apply to:to any of the following:
(1) Persons exempted from the provisions of G.S. 14-269 with respect to any activities lawfully engaged in while carrying out their duties.

(2) Importers, manufacturers, dealers, and collectors of firearms, ammunition, or destructive devices validly licensed under the laws of the United States or the State of North Carolina, while lawfully engaged in activities authorized under their licenses.

(3) Persons under contract with the United States, the State of North Carolina, or any agency of either government, with respect to any activities lawfully engaged in under their contracts.

(4) Inventors, designers, ordnance consultants and researchers, chemists, physicists, and other persons lawfully engaged in pursuits designed to enlarge knowledge or to facilitate the creation, development, or manufacture of weapons of mass death and destruction intended for use in a manner consistent with the laws of the United States and the State of North Carolina.

(5) Persons who lawfully possess or own a weapon as defined in subsection (c) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871.
Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon."

SECTION 9. G.S. 14-409(b) reads as rewritten:

"(b) It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons as defined by subsection (a) of this section: Provided, however, that this subsection shall not apply to the following:

Banks, merchants, and recognized business establishments for use in their respective places of business, who shall first apply to and receive from the sheriff of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business;

officers and soldiers of the United States Army, when in discharge of their official duties, officers and soldiers of the militia when called into actual service, officers of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties;

the manufacture, use or possession of such weapons for scientific or experimental purposes when such manufacture, use or possession is lawful under federal laws and the weapon is registered with a federal agency, and when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located;

a person who lawfully possesses or owns a weapon as defined by subsection (a) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801‑5871. Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.

Provided, further, that any bona fide resident of this State who now owns a machine gun used in former wars, as a relic or souvenir, may retain and keep same as his or her property without violating the provisions of this section upon his reporting said ownership to the sheriff of the county in which said person lives."

If you are looking to Get a Machine Gun in North Carolina, you will have to wait until December 1, 2011 unless your Sheriff will issue you a permit.  For those who feel that current NC statutes do not permit the use of Trusts, you can starting using them on December 1, 2011.  Our North Carolina Gun Trust Lawyer® has seen no provision in the old law which does not permit a Trust to own or purchase NFA firearms and has been providing them for several years without any rejections by the ATF.  If you would like help creating a Gun Trust in North Carolina, Contact Us and we can give you more information on the process.

July 8, 2011

Obama Set to Unveil Gun Control Reforms

The Huffington Post is reporting the President Obama is abot to release a series of gun law reforms.

At Thursday's briefing, Carney stated that the process is underway and "stakeholders" on both sides are working though the complex issues. While recent gun control law has largley ignored NFA firearms, it is possible that these items will be included in attempts for future legislation.