January 2012 Archives: NFA Gun Trust Lawyer Blog  

January 2012 Archives

January 20, 2012

Masterpiece Arms Suppressor announced at Shot Show

masterpiece_suppressor1.jpgMasterpiece Arms, manufacturer of Semi Automatic SMG Pistols and Carbines and Subcompact Conceal Carry Semi Auto Pistols, is expanding their product offering to include 3 new 22 LR Sound Suppressors starting at less $249.99.

These are low-cost suppressors but no data on sound suppression has been released intentionally They state:

As a relative newcomer to the suppressor market, one of the challenging decisions is whether or not to publish decibel reduction data. One of the things we have learned, as with many industries where technical data may tend to provide a false representation of the quality of a product, is that an appropriate level of skepticism to the reported db data provided by many suppressor manufacturers exists.

DB Equipment variances, lack of a unified testing procedure, and the inability for objective testing groups to be able to replicate the data provided by many manufacturers has led us to the decision not to publish db data as a method of evaluating our product.

As an educated buyer, in the case of suppressors, one should tend to look past the results of decibel reduction as the final say in determining which suppressor meets their needs. Factors such as quality of product, manufacturing techniques, customer service, ease of maintenance, materials used and most importantly, the quality of sound reduction as heard by the shooter are items that will serve the educated buyer well once they have made the decision to purchase a specific suppressor. Rely on your local Class III FFL to provide expert advice, listen to various suppressors and the quality of sound they produce on a similar weapon, and research the company behind the product.

Don't get me wrong, we do meter our products quite extensively. It's one of the many tools used to help quantify our products. It's a very handy tool to benchmark performance and to help us determine if design enhancements are taking us in the right direction. However, we feel its more important to focus on improving the overall performance of our product as compared to focusing exclusively on designing a suppressor that produces the lowest db reading on our testing equipment under the most ideal testing parameters.

January 20, 2012

Can I own a pistol and a shoulder stock that can be attached or is this a violation of the NFA?

Owning a pistol and a shoulder stock that can be attached where the barrel is less than 16 inches and the length of the firearm is less than 26 inches is a violation of the NFA without an approved Form 1.

There are certain exceptions for some items which have been removed from the NFA under C&R such as an original and unmodified Mauser "Broomhandle" and some Lugers. Remember that the NFA use to permit modification to C&R but no longer does. If you have a gun that was C&R and then modified, it most likely does not maintain the C&R status of the firearm.

This was common in California and if you are in possession of these items, it is our belief that you are no longer permitted to be in possession and you should check with the lawyers we work with in California understand your rights and obligations.

January 19, 2012

How Much Does it cost to be a Class III Dealer, Manufacture, or Importer?

Besides complying with the other requirements for being a FFL, if you want to become a manufacture, seller, or importer of Title II firearms there are several licenses you may need. These include the following and the fees are yearly fees.

1. Importer of Title II Firearms $1000.00
2. Manufacturer of Title II Firearms $1000.00
3. Dealer of Title II Firearms $500.00 ( This is the Class III Special Occupational Tax)

If your gross revenues from the previous tax year were less than $500,000 then you may qualify for a reduced rate as follows.

1. Importer of Title II Firearms $500.00
2. Manufacturer of Title II Firearms $500.00

Note: Having a Class 3 SOT license will not permit you to have or use a non-transferable machine gun for personal use. The ATF takes a close look at these transactions and no one should attempt to do this as an inexpensive way to own a machine gun as it could be a very expensive lesson.

January 18, 2012

Bonnie and Clyde Thompson Machine Gun up for Auction

thompson-auction.jpgThis historic Tommy Gun is believed to have been owned and used by the outlaws Clyde Barrow and Bonnie Parker. The seller's great-grandfather, who was in law enforcement at the time, was given the gun by another peace officer who had seized the weapon after a raid on the pair in Joplin, Missouri in April of 1933.

Just months previous to the raid, Bonnie & Clyde kidnapped a police officer by the name of Thomas Persell. Persell recounted the events of the abduction for the Springfield Daily News and the Joplin Globe, mentioning each time the "Tommy Gun" Mrs. Parker proudly held.

The raid occurred at the height of the duo's crime rampage that cut a wide swath across middle American during the Great Depression. The raid did not produce any arrests. The two had a knack for being one step ahead of law enforcement, but it did yield a cache of weapons, plus a camera. The guns have been in the family of Mark Lairmore and his sisters, the sellers, from Springfield, MO., ever since the unknown Depression-era police officer gave them to their great-grandfather.

Mr. Melton Lairmore, Mark Lairmore's father, registered the Thompson Sub-machine Gun under the name of Lairmore Armored Car Inc. in 1968 inaccordance with the Gun Control Act of 1968.

In a photo available on our website, Melton Lairmore, operator of an armored car service in Springfield, presents two guns taken from the car of famed 1930's gangsters Bonnie Parker and Clyde Barrow to Springfield Police Chief Gordon Loveland.

Lairmore loaned the .45 Thompson sub-machine gun and the 12-guage Winchester shotgun to police for use in displays during Crime Prevention Month and in the future police museum in the old city jail.

The weapons were displayed in the Springfield Missouri Police Museum, also known as The Calaboose, from 1973 until 2011

To see the current price or try to buy it, Here is the link to the auction.

January 18, 2012

May a private citizen who owns an NFA firearm which is not registered have the firearm registered?

No. The NFA permits only manufacturers, makers, and importers to register firearms. Mere
possessors may not register firearms. An unregistered NFA firearm is a contraband firearm,
and it is unlawful to possess, purchase, sell, or use the weapon. There are certain exceptions for items that were brought back from a war and where there is documentation showing that there was permission to bring the items back to the United States. While the ATF is under no obligation to do so, we have seen several cased where these items were presumed to have been registered and were put into the NFA registry. Otherwise, the possessor should contact the nearest ATF office to arrange for its disposition.

Violators may be fined not more than $250,000, and imprisoned not more than 10 years, or both. In addition, any vessel, vehicle or aircraft used to transport, conceal or possess an unregistered NFA firearm is subject to seizure and forfeiture, as is the weapon itself.

[49 U.S.C. 781-788, 26 U.S.C. 5861 and 5872]

January 17, 2012

H & K Briefcase Machine Gun

H&Kbriefcasegmachine.jpg In the NFATCA booth, Jeff was showing one of his H&K Briefcase guns in full auto. Current price on these which are pre 86 transferable is around 20K. If you are looking for the briefcase alone to add a semi automatic, you will need a $5 AOW tax stamp and around $2000 for the case alone.

January 17, 2012

KelTec's new threaded 22 PMR-30

IMG_1312.jpgKelTec showed several new guns at the Shot Show Today. They included a new version of their PMR-30 which is a light weight, full size pistol chambered for the flat-shooting .22 Magnum cartridge (.22WMR). The PMR-30 operates on a unique hybrid blow back / locked-breech system. This operation system allows for the use of a wide variety of ammunition as it seamlessly adjusts between locked breach and blow back operation, depending on the pressure of the cartridge. It uses a double stack magazine of a new design that holds 30 rounds and fits completely in the grip of the pistol. The trigger is a crisp single action with an over-travel stop. The manual safety is a thumb activated ambidextrous safety lever (up for SAFE, down for FIRE). The slide locks back after the last shot and a manual slide lock lever is also provided. The light, crisp trigger pull and fiber optic sights make the PMR-30 ideal for target shooting and hunting small game.

January 17, 2012

ATF arrests 49 for Violations including possession of SBS

Several Atlanta residents were recently sentenced to serve time after being convicted on varying federal firearms and narcotic related charges, according to information received from agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). These sentences are a result of an ATF initiated undercover operation, called ATL Blaze. Undercover agents, placed themselves in positions ultimately putting the word out that they were interested in buying firearms and drugs from the criminal element. The case yielded 257 handguns, 60 rifles, 46 shotguns, and 10 short-barreled sawed-off shotguns taken off the streets of Atlanta. Forty-nine defendants were indicted on charges ranging from conspiring to commit a home robbery, possession of a firearm by a convicted felon, possession of an unregistered short-barreled rifle, possession of a stolen firearm, unlawful dealing in firearms without a license, possession of controlled substances with intent to distribute, and aggravated identity theft. The case was investigated by ATF Atlanta Field Division in conjunction with the Atlanta Police Department (APD).

January 17, 2012

May a FFL or an individual legally possess the parts to manufacture an SBR or SBS as long as no firearms are actually assembled?

It appears that ATF does not permit individuals to own the parts necessary to make a SBR or SBS prior to receiving their permission to manufacture / assemble the items. Because of this is it recommended that the same person should not purchase all of the items necessary to make a SBR or SBS and if they do, they should not take all of them home from the dealer. As a barrel can often be attached to several guns, it would be prudent to leave the barrel at your Class III dealer prior to receiving an approved ATF Form 1.

This information comes from a similar question and is found on the ATF website.

A FFL (Type-7 or Type-10) who pays the Special Occupational Tax (SOT) may possess the parts required to assemble NFA firearms (SBR or SBS). A non-licensee (individual, trust, corporation, or other business entity) or FFL who has not paid the SOT is
required to register any NFA firearm via an ATF Form 1 (5320.1) prior to acquisition of the
parts required to assemble such firearm.

January 16, 2012

May a FFL repair a silencer by replacing worn or damaged components?

A person who is licensed under the Gun Control Act (GCA) to manufacture firearms and who has paid the special (occupational) tax to manufacture National Firearms Act (NFA) firearms may replace a component part or parts of a silencer as long as the repairs do not result in removal, obliteration, or alteration of the serial number. If a silencer part bearing the serial number, other than the outer tube, must be replaced, the new part must be marked with the same serial number as the replacement part.

The term "repair" does not include replacement of the outer tube of the silencer. The replacement of the outer tube is so significant an event that it amounts to the "making" of a new silencer. As such, the new silencer must be marked, registered and transferred in accordance with the NFA and GCA.

In the event that identical replacement parts for a silencer are not available, new and different component parts may be used as long as the silencer retains the same dimensions and caliber. In addition, the repair may result in a minimal reduction in the length of the outer tube due to re-threading, but repair may not increase the length of the outer tube. Increasing the length of the outer tube significantly affects the performance of the silencer and results in the "making" of a new silencer. Reducing the length of the tube by a minimal amount in order to repair a silencer is often necessary to replace damaged end caps, as the tube must be re-threaded. Such minimal reduction of the length of the tube uses all of the original parts, does not significantly affect performance of the silencer, and may be done as part of a repair process without making a new silencer.

Persons other than qualified manufacturers may repair silencers, but replacement parts are "silencers" as defined in 18 U.S.C. § 921(a)(24) that must be registered and transferred in accordance with the NFA and GCA.

January 15, 2012

What happens if I move to a state where my NFA firearms are not permitted?

If you own the firearms as an individual, the NFA firearms may be left in a safe deposit box in your former State of residence. The firearm can also be left or stored in the former State of residence at the house of a friend or relative in a locked room or container to which only the individual owner has a key. The friend or relative should be given a copy of the registration forms and a letter from you authorizing storage of the firearm at that location.

If you use a NFA Gun Trust, you can do the same as with an individual, but you may also leave them with another trustee or add someone as a trustee to leave the items with. You should be cautious whom has access to the firearms as they could create some additional liability on your behalf and those who are involved with the trust.

January 12, 2012

Laredo Man Gets 10 Years for Illegal Possession

Today the ATF announced that a Laredo man was sentenced to 10 years for the illegal possession of a firearm. It is important to understand who can and who cannot own, possess, or use firearms whether they are Title I or Title II firearms. Just because you might not consider a silencer a firearm, its possession is limited in the same way a regular pistol is. While there is not official duty to ask if someone is prohibited, its wise to do so because not only is the possession of an item subject to the NFA regulated, but the transfer (handing it to them or allowing them to have access to it) is also regulated and could subject each of you to 10 years in jail and up to a $250,000 penalty per occurrence.

Our NFA Gun Trusts ( the basic and the new asset protection firearms trust) both allow the people involved with your trust to understand who is prohibited and who is not. Often people do not even know that they have lost their firearms rights and it is important to have them understand when they are a prohibited person as well as allow you to know whether a family member or friend is prohibited now and in the future.

If you would like to discuss asset protection for your firearms or creating a gun trust to own your firearms including Title II firearms, we would be happy to help you find a local Gun Trust Lawyer to create a trust for you.

January 10, 2012

Suppressor for Saigai 12 and other ShotGuns

saiga_suppressor2.jpgAmerican Specialty Ammo defines the Boom Stick as the Biggest and baddest suppressor of their line and can be used on the Saiga as well as older pump shotguns to reduce recoil, sound, and flash.

The Boom Stick is $799 making it one of the more reasonable shotgun silencers that I have seen.

January 10, 2012

Defining the Right to Keep and Bear Arms?

Defining the Right to Keep and Bear Arms? What does it mean and what will it mean in the future?

In all the excitement over the past few years with the Supreme Court cases regarding the Second Amendment many questions have been raised about how to evaluate laws that seem in conflict with this new fundamental right.

In almost every other fundamental right, the court has said that laws regulating the right have to pass a strict scrutiny, but for firearms it appears that something less is acceptable.

It is interesting that law professors from California-based law schools have decided to write a two-part series of articles on this topic. I was originally a little sceptical on an article coming from an area of the country where guns are generally shunned but found that I was surprised by the objective analysis of the authors.

Some of the main points of the first article regarding limitations are:

One Reason Heller Provides a Shaky Foundation for Doctrine: The Lack of a Discussion of the Nature of the Permissible Limitations

Another Limitation in Heller: The Imprecision About What Laws Burden Gun Ownership or Use Enough to Even Trigger the Second Amendment

Follow this link to read the more of What Will the Right to Keep and Bear Arms Mean in the Coming Years

January 9, 2012

New NICS Appeal Process & Information being Gathered by the FBI

Another huge benefit of using a properly designed gun trust is that you can maintain your privacy. While NICS checks are being done in most cases on NFA firearms, they are only being done on the person who is involved with the transaction in much the same way as they are with a Corporation or LLC. A properly prepared Gun Trust will not allow a prohibited person to be a valid trustee of the trust and any actions they take are void as if they never took place.

Still there are many people that are very concerned about their privacy and do not want their finger prints or photos sent along with a Form 4 or Form 1 application. A gun trust can be structured in such a way as to allow for the complete privacy of those who would otherwise be hesitant to purchase Title II firearms because of a loss of privacy that some believe attached with such transactions.


Now the FBI has started to gather additional information on some NICS checks. While this is only in some cases at this point, there is no reason they could not start to collect the information in all transactions in the future.

As of May 5th, it appears that if you are denied for a NICS check, the FBI will request additional information on yourself from the gun store or FFL.
They are requesting the following information:

1 The denied individual's address
2 Whether the transaction was conducted at a gun show?
3 If the transaction was at a gun show, they want the city and state where the gun show took place.

The NICS Section has deployed a website for customers wishing to appeal a denied transaction or submit a VAF application on a delayed transaction. Previous appeal e-mail addresses--nicsappeals@leo.gov and nicsapps@leo.gov--will no longer be accepting appeal requests. All electronically submitted appeal requests must be made through the NICS Appeal website at http://www.fbi.gov/nics. The NICS appellant or VAF applicant will need to follow the step-by-step instructions on how to submit an appeal or VAF request. An Appeal or VAF Request Form must be completed with all mandatory fields filled in prior to being able to print or electronically submit the request.

In the same update the NICS section also reminded FFL's that if they move, they need to update two agencies ATF licensing at 866-662-2750 and the NICS Section's Customer Service at 877-FBI-NICS (option 2).

January 4, 2012

Gun Trust and Purchasing Firearms in Another State

As with regular firearms, some Type II firearms (those sold by class 3 dealers) can only be sold to residents of their state, others can be sold to residents of neighboring states. If an item is not legal in your state but is in another state where you would like to purchase it, a Gun Trust may help with this issue. With a Gun trust, you can solve this problem by including someone who is a resident of the other state as a Trustee of your Gun Trust. Any Trustee on your Gun Trust with the power to make purchases, can purchases the items as long as the person who is picking them up is complying with that state's laws. Once the Gun Trust owns the items, any Trustee, with the power to use the items can manage them and store them where they want, as long as it the items are legal to possess in the state. A trust also has the benefit of being able to be modified in the future so you can add or remove a trustee (authorized purchaser or user).

January 3, 2012

Domestic Violence, Child Custody, Divorce & Gun Rights

One benefit of using a Gun Trust that is often overlooked is the ease of changing authorized users or managers of the firearms in the event of a charge relating to domestic violence or other Lautenberg amendment violations. We all know people who have been involved in a divorce and had claims of domestic violence or child abuse made to potentially bolster the other spouse's position regarding the divorce, alimony, child custody, or child support. Unfortunately, the way in which your divorce attorney deals with this issue, could cause you to lose your firearms rights. It is very important to make sure your divorce attorney understands these issues or consults with an attorney who does so that you do not lose your rights over a technicality.

More importantly, if you do lose your rights, you may lose your investment in your firearms as they may not be transferable in time to lose them to a confiscation. With a Gun Trust, even though you can be a manager, you do not technically own them. Therefore, if you lose your rights to own or possess firearms, we simply need to amend your trust to deal with the possession issue as you are no longer the owner anyway.

This becomes much more important with Title II firearms (those sold by Class III Dealers) because of the time it takes to transfer these firearms. For more on this you may want to read the Jacksonville Divorce Attorney Blog's article on Domestic Violence and Gun Rights written by Kelley Ryan a Jacksonville Divorce Lawyer.

January 2, 2012

Shoes for Guns - New Years Resolution

shoegun.jpgI was talking with my wife this weekend and we were discussing things we wanted to change in the upcoming year. While it was not really a New Years Resolutions our topic of conversation drifted to shoes and guns, while my wife thought I had to many guns, I thought she had to many shoes. Of course neither of us could come to an agreement, but we did agree that if she got more shoes, I could get an equal number of guns. Still thinking she had to many shoes, I hope she doubles the size of her collection this year. Not sure if this will work with anyone else, but it seems to be worth a try.

Hope everyone has a Happy New Year and my wife buys a lot of shoes.

P.S. if you have any extra 6.5 woman's shoes please send them as used guns seem like they would be part of the deal.