Recently in Assault Weapons Trust Category

February 22, 2013

ArmsGuard™ Protector- The Ultimate in Protection for Your Firearms

Many people are concerned about the ability to change the terms of their trust after they die or the Trust it becomes irrevocable. Our Professional Gun Trust no comes with an ArmsGuard™ Protector that allows for the terms of you trust to change if laws change in the future.

This means that if the local, state, or federal government changes a law dealing with firearms and your rights, your trust can be changed to deal with the changes even if the change is 300 years from now. If you have firearms and it is important to preserve them for future generations and keep creditors from being able to reach the firearms you should Contact Us to create a Gun Trust with the ArmsGuard™ Protector.

Remember it is important to have your firearms and magazines transferred to your Gun Trust before laws change. The ArmsGuard™ Protector can only work for items within the Gun Trust. Many states and the federal government now have bills before congress seeking to restrict our gun rights and the ability for future transfers. If these bills become laws, like recently happened in NY, you may not have the ability to buy, sell, or give firearms to your spouse or children. Some states have already passed laws which restrict the transfer of certain items so it is important to speak with a Gun Trust Lawyer® in your state.

February 19, 2013

ABA CLE: Gun Trusts and the Art of Protecting Your Client's Firearms for Future Generations

Lawyers in other states are always asking where they can learn about NFA Trusts and Gun Trusts. Here is an opportunity to learn about advanced planning with gun trusts for your clients.

I have been asked by the American Bar Association to present a CLE which will be available to lawyers and non-lawyers on the use of Gun Trusts to protect firearms from changes in future legislation. For those who are not familiar it was the ABA Journal that wrote an article on my a few years ago about the creation of a new area of legal practice dealing with Gun Trusts The print version of the article was In Goldmans Guns Trust and an online version is available under Florida lawyer Fashions Gun Trust (And Niche Practice).

Brief Program Description:
Gun Trust Lawyer® David Goldman will discuss the history of firearms regulation, federal and state firearm policy and control, potential changes to firearm regulation, and how the multi generational Gun Trust can help assist your clients with protecting their right to bear arms under the 2nd amendment. The presentation will also encompass an overview of enacted gun laws, how they affect your current rights and options, and how multi generational Gun Trust helps solve some of the issues that may arise. Lastly, Mr. Goldman will discuss ethical and malpractice issues one should always consider when dealing with firearms.

Sponsors:
The American Bar Association Solo, Small Firm and General Practice Division and Center for Professional Development

Live Webinar and Teleconference
Tuesday, March 19, 2013
1:00 PM - 2:30 PM Eastern

You can register for the event on the American Bar Association website using this link.

February 16, 2013

Presidents Day NFA Gun Trust Special

Wile many of our past Presidents have strongly supported our 2nd Amendment rights, our current President seems to want to restrict our rights. In honor of those who value our 2nd Amendment rights we are offering the following special.

If you are one of the many responsible gun owners who are interested in creating a Gun Trust to help protect and manage your firearms. We have created easy to use online system that creates a valid multi state Gun Trust for all of your guns, magazines, and firearms accessories. This NFA Gun Trust is also designed to purchase and manage Title II firearms that are sold by Class 3 dealers. In most states you will no longer need your CLEO to agree to let you exercise your rights to own NFA firearms.

This special anywhere from 1/2 to 1/3 off of the normal price of the Gun Trust with legal support. This special is for the Online Gun Trust and comes with very detailed instructions and examples including hyper-links to sample ATF Forms including Form 4, Form 1 and Form 20 which are used to purchase, make, and transport Title II firearms (Those restricted by the NFA). This Trust form can deal with people who live in multiple states and allow you to add additional authorized users to protect your family and friends from issues of constructive possession.

In most states many people are rushing to put their regular firearms in a Gun Trust in an attempt to protect their ability to allow children and grandchildren to use them when they are old enough and in an attempt to offer protections from pending legislation which would restrict the right to transfer firearms to future generations.

If you have more than $15,000 or $20,000 in firearms (including magazines, scopes, and other accessories), you may be interested in our Professional Gun Trust which can provide asset protection and multi generational insulation from legislative changes. There is a comparison of this trust in one of the articles below on this page.

The Gun Trust comes with detailed instructions and frequently asked questions that walk you through the process of creating and using you NFA Gun Trust. Remember this trust is not limited to just NFA firearms but is designed for all your guns.
If you want to learn more about this trust visit http://www.GunTrust.com.

This Gun Trust can be upgraded to our Advanced or Professional version. The online trust does not come with legal support like the other versions do. If you are interested in the NFA or Gun Trusts with legal support fill out the Contact Us form on this page and we will send you details on the options and pricing for your state including support by a lawyer who is licensed in your state..

If you want to take advantage of this offer, you must use the following payment option from PayPal. You can use and existing PayPal account, create one, or use a credit card without creating a PayPal account. No other payment methods are valid for this special. You will receive your code within a few hours. (If you use of a credit card without a PayPal account it can take longer if your billing address does not verify, we only receive your details once they have been verified and PayPal has approved your transaction)

January 12, 2013

Obama Caught Telling the Truth Again? "I Wont Take Your Guns Away"

As Obama was running for President he claims he will not take our guns away. Now it seems that the only way we may be able to protect our guns against future legislation he will likely sign may be to put our guns in a Gun Trust.

Thanks to the JFPO for bringing this video to our attention. Perhaps it's not what he says but what he obviously doesn't say. Obama said nothing about high-capacity magazines, semi-auto pistols, nor semi-auto guns like the AR15. I am sure he will find a way to reconcile his words with his actions.

January 12, 2013

Assault Weapons Ban and Gun Trusts

While there is no actual Assault Weapon Ban, we are being asked many questions about regular firearms and the benefits of a Gun Trust. As laws may change or what is proposed may be different from what actually happens, the answers below be reviewed with your local Gun Trust Lawyer® and we should all re-evaluate the situation when things become more certain.

Should I put my regular firearms in a Gun Trust?

Yes all firearms, accessories, and magazines should be put in a Gun Trust and the sooner you do it the more flexible your choices will be. A risk is that future transfers of certain guns (sounds like most guns) will be prohibited. If this happens you will not be able to transfer them to a Gun Trust. In addition, there are many other reasons why you should have your regular firearms in a Gun Trust See this article on putting Title I firearms in a NFA or Gun Trust.

How do I transfer my firearms into a NFA or Gun Trust?

While all of our Gun Trusts are designed for all firearms, many so-called Gun Trusts are not properly structured to deal with regular firearms and some not even NFA Firearms so this advice is for those who are using our Gun Trusts. The procedure and ability to transfer regular firearms will vary by state and location of the firearms. Generally it is the same procedure as how you would give or sell a gun to a friend. In most states nothing more than our assignment sheet is necessary to assign the firearms or accessories from yourself to the Gun Trust. In some states a dealer must be involved for firearm transfers and in others there are specific forms that may or may not allow for the transfer of the firearms to the trust. In general, if your state allows transfer of firearms to trusts, it should be done. If you live in one state, but the firearms are in another state, a trustee in that state may transfer the firearms into the trust.

Will the ATF know about my Title I firearms if I form a Gun Trust?

Not with our Gun Trust - Look for the GunTrustLawyer® and our Copyright notices to know if you have our Gun Trust.

Many traditional trusts and some so-called Gun Trusts or NFA Trusts use a Schedule A and/or Schedule B to list the assets or guns held by the trust. When you submit a Form 1 or Form 4 to the ATF they require a full copy of your trust along with amendments and schedules that are referenced in the documents. Our Trust does not reference a Schedule A or Schedule B and as such none is required to be submitted for approval with the ATF.

A trust which is designed for firearms should be be able to deal with all of your firearms without the risk of creating a de facto registration of your firearms. Some trusts use both a Schedule A and B in an attempt to intentionally deceive the ATF. This is not recommended as the ATF has changed their position several times on what is acceptable when submitting a trust and could start requiring any Schedules used with the trust. This could lead to a necessity to submit all of your firearms to the ATF with the next purchase.

Our Gun Trust has a different design to protect the privacy of the items that are held by the Gun Trust and only disclose the firearms that the ATF will have knowledge of anyway.

Can I Upgrade my Gun Trust to a Multi Generational Gun Trust to protect my firearms from loss upon my death?

We do allow any previous clients to upgrade their Gun Trust and not lose their initial investment in the Gun Trust. Changing your Gun Trust to a Multi Generational Gun Trust can insulate your regular firearms form future legislative changes that might have your forfeit your firearms upon your death. Many people have substantially larger firearms collections with their Title I firearms than their Tittle II firearms. For those families it may be wise to investigate upgrading your Trust to a Multi Generational Asset Protection Gun Trust. This can be done by drafting a new trust that replaces your existing trust. All you need to do is sign the new documents and simply swap your papers and you will now have all the new benefits of the most advanced gun trust available. Our Professional Gun Trust not only provides for multi generational ownership but also provides asset protection and other document for ease of management in creating and removing an unlimited number of authorized users.

January 1, 2013

How can I Protect my Firearms for my Children

A Gun Trust is designed for all of your firearms even if you do not have any Title II firearms. Title II firearms are sold by Class 3 Dealers and include Silencers, Short barreled rifles and shotguns, AOWs, DDs and full automatic pistols and rifles.

While it is not necessary under the current laws (2012) to have a Gun Trust to allow others to use or be in possession of your firearms, there are rumors that many firearms that are currently classified as TItle I firearms may become Title II firearms and controlled under the National Firearms Act. If this happens we will all have to be careful about constructive possession and may lose the ability to transfer these firearms to others, may have to pay a transfer fee to transfer them to others, or may lose them upon our death.

A Gun Trust can allow you to allow others to have access to your firearms and even become the person in control of them after you die. While a regular Gun Trust can your beneficiaries to use and have access to the firearms there is a risk that the people who would receive the benefit after your death may not be able to actually realize the full benefits from the value of your guns.

There is a multi generational gun trust that may solve this problem if you transfer your firearms, magazines, and other related items to your Gun Trust before the law takes effect. It appears that the current proposed legislation would prohibit additional transfers and you might even lose your firearms after you die. With the Irrevocable Gun Trust or multi generational asset protection gun trust (our Professional Gun Trust), the Gun Trust will remain the owner of the firearms even after you pass away. This means that you beneficiaries, your kids and grandchildren, will become authorized managers and users of the firearms. If one day transfers are allowed again, like with the previous assault weapons ban, then they could realize the monetary value of the firearms by selling them. If there is no sunset provision or the ban becomes permanent your family and future family members can become the users and enjoy the benefit of possession and use of the firearms into the future.

Different states have different rules on how long a trust like this can last. Our trust allows for the creator or future manager of the trust to select the jurisdiction rules to follow. This means even if you live in a state with a relatively short time that a trust can exist, you can select the rules of a state so that the trust can last 360 years , 500 years, 1000 years, or even one that can last forever.

The Professional Gun Trust is not designed for everyone, but if you have a substantial firearms collection of the ability to protect the firearms from creditors or potential loss due to legislative change is important you should Contact Us to schedule a time to discuss how this trust may be of benefit to you. If you already have a Gun Trust, you can upgrade your current Gun Trust and for our previous clients we will credit you the full price of the previous trust. This trust is not available online and must be setup with a local lawyer. We start the process in our office to deal with the federal issues and the locally licence lawyer will make state specific changes for state and local laws.

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.

July 28, 2010

So what is a NFA Gun Trust and why is ours Different than other "Gun Trusts"?

One of the most common questions I get pertains to the use of regular or other so called gun trusts for the purchase of items restricted by the NFA.

The are many differences between a family, limited, or standard revocable trust and our NFA Firearms Trust. The biggest difference is that other types of revocable trusts are designed to protect your assets from the abuse of others and our trust is designed to allow for the abuse (the use) of the firearms. Our NFA firearms trust has be re-written from the ground up to protect your firearms and those who use them or are in possession of them.

In fact, you should not put non-firearms in the NFA trust and if you have a pour over will, you should change the will to direct that any firearms remaining in your estate go to your firearms trust and the remainder of the assets go to your traditional trust.

There are to many changes to go into in detail and one can only appreciate the changes when they are read with the concepts of preservation of the firearms and protection of your family and friends in mind.

April 27, 2009

Free NRA Membership

Recently I found a link for a Free NRA membership.  If you are not a member, you should be.  If the $35 a year is a problem for you please try this link for a Free Membership.  If you are a member, sign up your wife, or child for a Free Membership to the NRA
February 9, 2009

Where are Assault Weapons Banned Today

AR15sbrsilencer.jpgWith the recent discussions about the potential federal ban on assault weapons being reinstated,  I thought it would be interesting to see which states already have bans on Assault Weapons

California bans "assault weapons", .50BMG caliber firearms, some .50 caliber ammunition and "unsafe handguns."

Connecticut  Bans "assault weapons" as well as select fire machine guns.

District of Columbia prohibits new acquisition of handguns and any semi-automatic firearm capable of using a detachable ammunition magazine of more than 12 rounds capacity and any handgun not registered after February 5, 1977  (parts recently ruled unconstitutional).

Hawaii prohibits "assault pistols."  Assault rifles and shotguns are restricted the same regular rifles and shotguns

Illinois: Chicago, Evanston, Oak Park, Morton Grove, Winnetka, Wilmette, and Highland Park prohibit handguns; some cities prohibit other kinds of firearms.  Firearms identification card is required.

Maryland prohibits "assault pistols"; the sale or manufacture of any handgun manufactured after Jan. 1, 1985, that does not appear on the Handgun Roster; and the sale of any handgun manufactured after January 1, 2003 that is not equipped with an "integrated mechanical safety device."

Massachusetts: It is unlawful to sell, transfer or possess "any assault weapon or large capacity feeding device" [more than 10 rounds] that was not legally possessed on September 13, 1994 and the sale of handguns not on the Firearms Roster. The City of Boston has a separate "assault weapons" law.

Michigan: Certain folding stock carbines are restricted.

New Jersey  bans "assault weapons" and high capacity magazines.

New York  bans "assault weapons" unless lawfully possessed or manufactured prior to September 13, 1994.

Ohio: Some local jurisdictions use to ban "assault weapons.", but because of a Ohio Supreme court case, all of these laws are unconstitutional under the preemption doctrine recognized by Ohio.

Virginia prohibits "Street Sweeper" shotguns.

The sunset of the federal assault weapons ban does not affect the validity of state and local "assault weapons" bans.

  NOTE  the picture above is an Assault weapon that is also a SBR and has a silencer.

February 7, 2009

Assault Weapons Trust

An Assault Weapons Trust is a new form of revocable trust that is used to own Assault Weapons as defined in your state.  It allows legally purchasable firearms that your state classifies as Assault Weapons to be owned by the trust and used by the Co-trustees.  As your children or relatives become mature and responsible the trust can be modified to include your heirs or the people of your choice as owners.  This eliminates the need to transfer the weapons in the future which may be in violation of future state laws.

It is important to update the state with any amendments to the trust make sure they know who is authorized to possess and use the firearms.  A NFA trust can also be used to own and possess Assault Weapons. 

Most gun rights individuals expect Obama and the current administration to create a permanent ban for future sales of Assault Weapons.  This may be the time to transfer your firearms into a Assault Weapons Trust or a NFA Firearms Trust.

To find out about an Assault Weapons Trust <a href="http://www.guntrustlawyer.com/contact.html">Contact a lawyer familiar with Assault Weapons and Trusts</a>.