June 2012 Archives: NFA Gun Trust Lawyer Blog  

June 2012 Archives

June 21, 2012

Gun Trust Lawyer® Client Feedback

We often get requests for referrals and while we keep the information on our clients confidential we recently had a client send us and email which they gave us permission to publish. Andrew originally purchase a trust from a local attorney because of a recommendation based upon price and it was not until months later that he found out about gun trusts and how a gun trust is very different from a regular trust.

Often times people will ask me, "How much money should I spend on a gun for self-defense?". I usually respond by asking, "How much is your life worth?". The implication is that one would typically want a good insurance policy if they are insuring something of great value & should not cut corners in an effort to save a few bucks. I should have applied the same principle to setting up my NFA Gun Trust.

I initially went with another law firm to draft my Trust because the price was very cheap & because the lawyer represented a known SOT/Class 3 dealer. The first Trust that was drafted for me was nothing more than a standard Trust. It was 3 pages long including the cover sheet & did not mention the NFA, ATF, Form 1, Form 4, Form 5, Form 20 or even that the items to be held by the Trust should not be accessible to "prohibited persons" or minors. I e-mailed Mr. Goldman of Law Office of David M. Goldman PLLC to inquire about having a true NFA Gun Trust drafted.

I received an e-mail that explained the differences between the Trust they offer & most other standard Trusts. The main thing that convinced me I should have gone with Law Office of David M. Goldman PLLC first was the following: "Most trusts name a "Successor Trustee" but provide no guidance on how to handle NFA firearms. In fact, most trusts instruct others to violate the law and place themselves, your family, and your beneficiaries in jeopardy of criminal prosecution and confiscation of the firearms.". This is because even with a Trust, the beneficiary must submit an ATF Form 5320.20.

After speaking with Mr. Goldman via telephone to provide him with some information, I received my NFA Trust within 4 days. I received an e-mail from a local attorney which included my NFA Trust in a PDF file. I quickly used the search feature in Adobe to search for the term "NFA". I was so relieved that not only was the NFA mentioned, it was mentioned 24 times in the 19 pages of the Trust itself. After I began reading the things it covered & explained, I felt a huge relief. It is so well written that I know I do not have to worry about my beneficiaries understanding what to do in the event of my passing. I simply had to print, sign & notarize it to execute it.

I could not be happier. Law Office of David M. Goldman PLLC has been very easy to speak with about the few things I needed answers to & the included instructions cover most of the things one needs to know to stay within the confines of the law. If you are reading this, stop thinking about which law firm to use. It is of the utmost importance to have a properly drafted NFA Gun Trust for the purpose of acquiring & manufacturing NFA items. After reading how my NFA Trust deals with the complexity of NFA laws, I quickly realized how many people have done themselves a disservice by using a computer program or uneducated law firm to draft their Trust for Title II items.

I even mentioned this to the local attorney who sent my Trust to me & he had this to say: "I know what you mean. I used to sell exactly the kind of trust you are talking about. I am so happy to be able to provide a higher quality of service nowadays."

Thank you Law Office of David M. Goldman PLLC. I now know who to recommend to anyone with a serious interest in NFA firearms.

Sincerely, Andrew C.


If you are looking to create a Gun Trust and want a Gun Trust Lawyer® to help create a customized Gun Trust or Multi-Generational Asset Protection Gun Trust Contact Us.

June 13, 2012

Alaska Man Charged for Illegal Silencer and Machine Gun Possession

Closing arguments are about to happen for a trial of three men in Alaska. Schaeffer Cox and two others are charged with, among other crimes, possessing and making an unregistered silencer and possessing an unregistered machine gun.

Defense attorneys will argue Wednesday that their clients acted in self-defense as they took up arms to protect Cox at public appearances, including an interview at North Pole television and radio station KJNP.

Defense attorneys also will claim Wednesday that their clients were entrapped by the government's primary informer on the case, militia member Gerald "J.R." Olson, who agreed to work undercover in exchange for consideration on another criminal case.

Defense attorney Tim Dooley asserts that Olson brought up the subject of illegal weapons, "finagled" the defendants into placing an order and brought in samples -- three .22-caliber handguns with silencers and hand grenades -- that Cox and Barney were examining when they were busted.

Unfortunately there is no intent required in violating the NFA and simple possession or constructive possession is all that is required to violate the law. In addition to most the federal laws, many state have enhanced penalties for use of NFA firearms in the commission of a crime.

The NFA defines a transfer to include loaning and is not the same as most of us would think of regarding the transfer of property. Jury deliberation is expected to begin later this week.

June 8, 2012

Firearms Law and Gun Trust Lawyer® CLE

texascle.jpgMany Lawyers are asking about Gun Trust CLE, I have been working with the Texas Bar on their Firearms Law Seminar. We will be providing some information on Gun Trusts which will be available soon. Attached is the seminar brochure. If you are in Texas they will be covering many topics related to dealing with firearms in the practice of law.

Course Highlights:


  • Firearms Trusts / Gun Trusts - David M. Goldman

  • The Right to Bear Arms in the Post Heller/McDonald World - Stephen Halbrook

  • Self-Defense: Recent Changes to the "Stand Your Ground" Legislation - Massad Ayoob

  • Prohibited Persons and Restoration of Firearms Rights - Stefan Tahmassebi

  • Every Bullet Downrange Has a Lawyer Attached - Ed McConnell

  • Class III SOT - Obtaining and Keeping a Federal Firearms License

  • Concealed Handgun Licenses: How to Get Them and What They Mean

  • Avoiding Malpractice and Ethics Violations in Firearms Matters

  • Self Defense - Recent Changes to "Stand Your Ground" Legislation"

  • Criminal Defense as It Relates to Gun Cases

live
San Antonio
September 28, 2012
La Quinta Convention Center
303 Blum
San Antonio, TX 78205
(210) 222-9181
Register by September 14, 2012 and save $50!


If you want to find out about offering Gun Trusts to your clients Contact Us for more information on how to provide your clients the original Gun Trust created by the Gun Trust Lawyer®

June 5, 2012

ATF Indicted 15 Individuals for Possession and Transfer of Unregistered Firearms

Think the ATF or BATFE ignores possession and transfer of firearms, think again. Today the ATF announced that it arrested and charged 15 individuals who face between 10 and 70 years for many firearms related crimes including the unlawful manufacture of firearms and possession of an unregistered firearm.

11 of the 15 were arrested on Wednesday during a round-up. Remember that an improper transfer or possession of a NFA firearm or Title II firearm could result in severe penalties and criminal charges. These include up to 10 years in jail, a 250,000 penalty, and loss of your firearms.

Using a Professionally designed Gun Trust instead of a revocable trust or free trust that a dealer gives you can help protect you and your family from unfortunately events like this. Our Gun Trusts have been designed by Gun Trust Lawyers® to help with the ownership, possession, transfer, and use of Title II firearms.

One of the most common violations of the NFA deals with the purchase of the firearms. Many individuals do not understand the importance of having the Gun Trust make the purchase of any NFA firearms and not purchasing them individually. When permission is given for the transfer from the dealer to the trust, the purchase transaction should mirror the approval.

If you purchase a Silencer or other Title II firearms as an individual and then transfer it to a trust, there are 2 unapproved transfers: 1) the transfer from the dealer to you; and 2) the transfer from you to the trust. Neither of these has been approved and both are time bombs waiting to cause you and your family harm. Either of these makes your Title II firearm illegal and any future possession or transfer of such item even if approved by the ATF or BATFE does not make the firearm legal.

This is one of the many issues a properly drafted gun trust can help you with. We believe we have the most advanced and sophisticated gun trust on the market. We created the first true gun trust almost 5 years ago. Recently we have begun seeing more attempts to create gun trusts. Most are not more than traditional revocable trust with a few lines about firearms.

To be considered a Gun Trust, the trust should be written from the ground up to deal with firearms only firearms. A Gun Trust should be designed to deal with all of your firearms not just Title II firearms so that you get the same protections for all of your guns. If you are looking for a gun trust that will not only allow you to purchase Title II firearms with confidence but give you and your family the guidance and resources necessary to use and transfer the firearms.

If you have any questions about Gun Trusts, Contact Us to discuss your circumstances and objectives. We have a range of gun trusts designed to suit various needs.

June 1, 2012

Michigan (MI) What NFA Firearms can I own? Updated

Michigan NFA Class 3 firearmsThere 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.

Michigan has several laws dealing with the registration, ownership, and possession of firearms that are changing in January 2009.   In Michigan you can own the following items that are regulated the the National Firearms Act:

Machine Guns
Silencers (as of late 2011)
Any Other Weapon (AOW)
Destructive Devices (DD)
Short Barreled Shotguns (SBS) *
Short Barreled Rifles (SBR) *

In Michigan you cannot own the following NFA restricted items.

Some AOW's like Tasers or Stun Guns by private citizens whether or not they are Title II ( Sold by a class 3 dealer) or the individual has a CCW permit. *SBR & SBS are restricted by the Michigan Compiled laws 750.224b(3) which limits these items to C&R, Collectors items not likely to be used as a weapon but only if the person selling, offering, or possessing the firearm also complies with the Michigan Compiled laws 28.422 (will be amended Jan 2009) and 28.429 ( will be repealed Jan 2009).

Follow this link to find out more about Michigan and NFA restrictions on Class 3 Firearms

Silencers status updated 2012