Recently in TItile II Firearms / Class 3 SOT Category

March 28, 2014

Michigan (MI) What NFA Firearms can I own? Updated 3/28/14

Michigan NFA Class 3 firearms

There are several type of Title II firearms which are sold by Class 3 SOT dealers that are restricted by the National Firearms Act.

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

In Michigan you can own the following Title II Firearms that are regulated the the National Firearms Act:

Machine Guns
Suppressors
Any Other Weapon (AOW) (only some)
Destructive Devices (DD)
Short Barreled Shotguns (SBS)  (See Below but Legal as of 3/28/14)
Short Barreled Rifles (SBR)  (See Below but Legal as of 3/28/14)
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 class 3 items or the individual has a CCW permit
The Michigan State Police put together a legal update on SBR and SBS which describes the differences between those over 26 inches and those under 26 inches.

Continue reading "Michigan (MI) What NFA Firearms can I own? Updated 3/28/14" »

February 13, 2014

ATF Forms Processing Time

Today the ATF released new processing times based upon December 2013. The are now reporting the the average times for processing an ATF Form 1 to make and register a firearms is 9 months and the average time on an ATF Form 4 to transfer and register a NFA firearm in 9 months. We have seen significantly reduced times when applying electronically. Below are the times for each type of transfer and or application as reported by the ATF. It is interesting to see that they are taking 3 months to approve / process a transfer on a Form 3 and 2 months on a form 2. That means, it is taking ATF 2 months to approve the manufacture and 3 months to approve the transfer to a dealer. More than 5 months are required just to make and send a suppressor to your dealer so that you can wait an additional 9 months to take it home. The ATF will update this information every 90 days so we can see the trend.

As more people file electronically, we could start to experience longer wait times but for now we are hearing that many electronic Form 4s and Form 1s are taking between 3-6 months instead of 9-12 months for the traditional forms.
ATF times1.jpg
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August 8, 2013

California (CA) What NFA Firearms can I own? Updated

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

Machine Guns  (special permission is required)
Any Other Weapon (AOW) (except Pen Guns or Assault Weapons) *1
Destructive Devices (DD)
Short Barreled Shotguns (SBS)  (C&R only)
Short Barreled Rifles (SBR)  (C&R only)
In California you cannot own the following NFA restricted items.
Silencers
Pen Guns

*1 AOW's other than Pen Guns are ok as long as they are not an assault weapon.  With the exception of AOW assault weapons that were owned prior to the registrations period are ok.  AOW's are not required to receive a Curio or Relic classification.

Note In California most Class 3 items other than AOW's must be classified as a Curio or Relic  (C&R).

SBS and SBR, that are C&R  as well has AOW's as described above do not require any special state permits.

Permits for Machine guns and DD's are controlled and at the sole discretion of the DOJ and are rarely issued to civilians or anyone who is not involved in the movie industry.

CA's Assault weapons laws apply to assault weapons whether they are C&R or not.  An assault weapon in CA if meets certain requirements found in the statutes. One of these is  semi automatic center-fire rifle with  the capacity to accept a detachable magazine that has an overall length of less than 30 inches is an AW.  This would mean if you made (through a form 1) a SBR out of an M1 Cabine, it would likely be considered an AW under California law.

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


July 22, 2013

ATF requests Public Comments on Form 5320.1

The BATFE released a 60 day notice notice to make changes to the ATF Form 5320.1. This form is used to make or asemble a Title II Firearm under the National Firearms Act.

The changes would allow applicatnts to pay the transfer ta by credit card or debit card, and combine information currently captured on another form.

Here is a copy of what was published in the Federal Register Today under Notices

The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ''sixty days'' until September 20, 2013. This process is conducted in accordance with 5 CFR 1320.10.

If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Gary Schaible, National Firearms Act Branch at Gary.Schaible@atf.gov.

Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

--Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

--Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

--Enhance the quality, utility, and clarity of the information to be collected; and

--Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Summary of Information Collection
(1) Type of Information Collection: Revision of a currently approved collection.
(2) Title of the Form/Collection: Application to Make and Register a Firearm.
(3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: ATF F 1 (5320.1). Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: State, Local, or Tribal Government. Other: Business or other for-profit, and individuals or households.

Need for Collection
The form is used by persons applying to make and register a firearm that falls within the purview of the National Firearms Act. The information supplied by the applicant on the form helps to establish the applicant's eligibility. The
changes to the form are to allow applicants to pay the transfer tax by credit or debit card, combine information currently captured on another form, and the form size is now 81⁄2″ x 14″.
(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 9,662 respondents will take an average of approximately 1.63 hours to complete.
(6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 15,747 annual total burden hours associated with this collection.
If additional information is required contact: Jerri Murray, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, Department of Justice, Two Constitution Square, 145 N Street NE., Room 3W- 1407B, Washington, DC 20530.

August 13, 2012

Legal Silencers in Illegal Locations

Silencer-map.jpgWhile a Gun Trust or other forms of ownership can allow you to purchase Silencers or other Title II firearms in states where they are legal, it is important to realize that just because you or a trust own a Silencer or other Title II firearm, you do not have the ability to take those items to states where they are illegal to possess.

For example silencers are not legal to purchase, own, transfer, or use in Illinois. Recently an individual was arrested for threatening police and possession of an illegal silencer. The silencer may have been legally purchased but its presence in Illinois is a crime and will make the silencer illegal.

While it sounds like Gali, the individual with the illegal silencer, is in a lot of trouble, the additional penalties for possession of a silencer could add up to more than 10 years in jail and a $250,000 penalty plus seizure of the vessel (his car) that the illegal silencer was found in.

While most states have legalized the possession and use of silencers there are a few states where they are not legal. This silencer may have belonged to someone else or purchased without paying the required transfer fee of $200. Because all silencers are registered with the BATFE, the legal owner of the silencer could also find himself in trouble for the improper transfer of a silencer which has the same penalties discussed above.

One of the big downsides to purchasing a silencer as an individual is that you are the only one who can have access to and use the silencer. A Gun Trust can help you by allowing people to use or be in possession of the silencer without breaking the law. It is important to remember that a Gun Trust does not allow you or others to bring otherwise legal firearms into a state where they are not permitted.

One way to protect yourself from the actions of others in regards to using a Gun Trust to purchase NFA firearms is to make sure that the other authorized users do not have the ability to make purchases without your permission. Many traditional trusts and some Gun Trusts are not designed to help with the potential unknown violations by others involved with your Gun Trust. If your gun trust contains the Gun Trust Lawyer registered trademark then your trust will have been setup to deal with these issues by giving you the flexibility to create users who cannot purchase and users that can purchase Title II firearms.

July 25, 2012

Free NFA Gun Trust found to be invalid

atf-logo.jpgThis week I have received two trusts from potential clients who sent them in for review that were invalid. Even if ATF approved a Form 1 or Form 4 transfer to these trusts, anyone in possession of the TItle II firearms would be illegally in possession of them. Once person already had 3 items in their possession and 2 more on the way.

Both trusts claimed to be gun trusts but were obviously not intended for firearms much less those subject to the NFA and contained many of the traditional language found in a trust designed for managing financial assets.

While in some ways the language seemed to be slightly better than a Quicken trust (except for the fatal flaws that made them defective) they only briefly mentioned the NFA or guns in the trust and gave no guidance based on state or federal restrictions of firearms based on the geography of the transfer or the legal status of the people involved with the trust or whether the beneficiary was legally able to be in possession of the firearms based on the unknown circumstances of the future. While all of this may sound complicated, a real Gun Trust like one provided by a Gun Trust Lawyer® will deal with all of these issues and more.

Our trusts have been reviewed by hundreds of estate planning and firearms lawyers. If you have a "free gun trust", "Gun Store Trust" or trust that you are concerned may not protect your and your family, send it to us and we will review it and let you know what type of problems you may face. Normally we charge for reviewing other trusts, but for the next 30 days we will review them free of charge under the federal laws.

Some common things to be concerned about.
1) I got my trust off the internet
2) your trust references laws of another state
3) your trust is less than 15 pages
4) your trust did not come with a detailed manual on how to make purchases or who can use the items
5) your trust does not contain the Registered trademark Gun Trust Lawyer®

July 17, 2012

Sheriff will not sign Form 4's: Recommends using NFA Gun Trust

St.johns_sheriff.jpgRecently I was interviewed by Sheldon Gardner of the St. Augustine Record regarding an article about the sheriff deciding not to sign Form 4's for TItle II transfers: Want to buy a silencer, sawed-off shotgun or explosives? Sheriff will no longer help.

While sheriffs all over the country are refusing to provide the CLEO sign off required for individual ownership of Title II firearms using ATF Form 4's and ATF Form 1's, the St. Johns Sheriff is one of the few who does not appear to be trying to stop ownership. The Sheriff's office is recommending using a NFA Gun Trust. Sgt. Chuck Mulligan stated that "In no way shape or form is the sheriff stopping them or hindering them from buying these items."

As Gun Trust Lawyers®, we have provided many residents of St. Johns count and residents of almost every state Gun Trusts to help them protect their privacy, avoid the CLEO and fingerprint requirements, and help manage their NFA and regular firearms during their life and upon their passing. Many police officers in these areas have also used our NFA Gun Trusts to acquire Title II firearms for personal and work related use.

Many initially appeared outraged by the Sheriff's position but if you read the full quote it is clear they are recommending a gun trust. Below is the full Facebook posting:

The National Firearms Act (NFA) of 1936 has been the primary source of federal regulation for "class 3" weapons such as automatic firearms, silencers, short-barreled shotguns and explosives. While owning a firearm is a fundamental right for a United States citizen and is recognized by the 2nd Amendment of the United States Constitution, the Sheriff will only participate in the application process when a St. Johns County resident is applying for ownership of an automatic weapon. While the Sheriff has participated in this process in the past, he will no longer consider an application for silencers, short-barreled shotguns, explosives, etc.

Alternatively, a citizen may create what is commonly referred to as a "NFA Gun Trust" where the possession of prohibited NFA weapons (class 3) may be obtained. Although this is a legal instrument which must be properly drafted to be valid, there is no requirement for the Sheriff to participate in the application process. While the Sheriff's Office cannot offer or provide any advice on creating such a trust, I would invite you to utilize the many associations and/or lawyers that specialize in 2nd Amendment issues.


There are many advantages to using a NFA Gun Trust and the CLEO signature is one of the least significant. A property prepared trust should be designed to hold all of your firearms and deal with issues in different states as well as guide you on the proper way to purchase and use the firearms.

July 14, 2012

Do I Need a Class 3 License to Buy a Silencer?

A Class 3 license is a license that a dealer obtains to sell Title II Firearms. Many individuals incorrectly confuse the terms Class 3 and Title II. We even see some lawyers making the same mistake. Class 3 SOT is a license to sell. Title II is classification of firearm that a Class 3 SOT may sell.

Title II firearms include silencers, short barrel rifles or shotguns, machine guns, AOWs and destructive devices.

So the answer is no! You do not need a Class 3 license to buy a silencer or other Title II firearm unless you are a dealer and wanting to purchase them for resale. If your documents do not use the correct terms, the people who wrote them may not understand the NFA, ATF and issues relating to the purchase, possession, transfer, and use of Title II firearms.

A real Gun Trust like one created by one of our Gun Trust Lawyers® can easily be recognized because it will be protected by our Trademarks and Copyrights.

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

May 30, 2012

Buying a Silencer with a Gun Trust

We often get questions dealing with the purchase of silencers in other states. You or a co-trustee must be a resident of the state in which you want to purchase the silencer. For example if you are a resident of a state that does not permit the ownership of silencers like New York, California, or New Jersey it is possible to purchase silencers in other states where they are legal. Unfortunately if you are a resident of a state where they are not legal will not be able to complete the transaction. If you have a co-trustee who is a resident of a state where they are legal the silencer can be purchased in that state by that co-trustee.

While it is permissible to add co-trustees in other states there should be a legitimate reason to add them and they should not be added to facilitate the purchase as this would be considered a straw purchase and would be illegal.

Often people add adult relatives or friend who they will be shooting with, or who they want to have access to the firearms to a trust as a co-trustee. This would be a legitimate reason to add someone and would not create a straw purchase issue. On the other hand if you were to add someone to the trust simply to allow you to make the purchase, it could be considered a straw purchase.

If you have questions about this you should contact you Gun Trust Lawyer® to discuss your specific circumstances and proposed course of action. Our Gun Trusts come with a guide that explains this in detail and what is and is not permitted under the federal laws that deal with these issues.

May 16, 2012

Texas Legalizes Hunting with Silencers starting September 1 2012

With Dove season just around the corner, Texas is becoming one of the growing list of states that allows the use of silencers when hunting.

A silencer is a Title II Firearms which is restricted by the National Firearms Act and can only be sold by dealers who have a Class 3 SOT license. (They can also be purchased second-hand from individuals using the same ATF Form 4). Because of their classification they require a $200 Tax stamp and approval from the ATF or BATFE before you can take possession of them.

Other states including Texas have previously allowed the use of silencers when shooting varmint but not on game. While the law was passed in March, Texas hunters have been patiently awaiting September 1st to legally use silencers while hunting.

You will still need to apply and receive a state permit from the Texas Parks and Wildlife to hunt for alligators, game animals or game birds with a silencer.

When your ready to begin hunting with a silencer in Texas, you should contact a Texas Gun Trust Lawyer ® to discuss setting up a Gun Trust. Gun Trust when properly created can help protect you and your family from violations of the NFA and add additional flexibility that is not available for individual owners.

Gun Trust Lawyer® works with lawyers in more than 40 states including Texas to offer legally supported trusts as well as a do it yourself Gun Trusts Forms.

Note: While a Gun Trust is a type of Revocable Trust, a Traditional Trust is not appropriate for the ownership, or disposition of firearms including NFA Firearms.

April 20, 2012

Modernizing your M16: Starting With a Pre 86 Transferable Machine Gun

A few weeks ago I purchased a fully transferable M16. Many of our clients have asked me to post some pictures of what this gun is being built into. Almost every replaceable part has been upgraded to the latest modern version while still keeping it legally transferable as a Pre 86 Machine Gun.

One of the first things we did was to replace the stock with a high-tech anti recoil Israeli Stock.
M16stock.jpg


Next build a modern upper with a Side charger much like you would see on a AK47 so that you do not have to take your eye off the scope to load a bullet.


M16SAR.jpg

Then we build a 10.5 " 556 Upper and a 9.5 Inch 300 Blackout Upper.  Until my suppressors arrive we added what appears to be a flame thrower.  Better not stand to close to the end of this barrel or you might get burned.  Actually its suppose to help with rise by allowing gas to be directed from the left and right.  I do not think this will be necessary with the 300 Blackout but on the 556 it help with the natural rise you find in firing a machine gun.

M16-rise.jpg
Then to top everything off we added a holographic scope and a 4x optic that can be flipped out of the way.  So here is a picture of it in a completed form.  Now all I need is the ATF to return my Form 4 so I can take it home.

M16.jpg I would like to thank Lee at GPI Custom Gunworks for building his version of a perfect transferable M16. 


February 23, 2012

NFA Trust Question: I have heard about a one-time $500 Tax For Unlimited Silencer Transfers

First let me say there is no $500 one-time tax for unlimited transfers. There is a $500 yearly fee for a FFL to obtain a Class 3 SOT which allows them unlimited transfers for that year from other dealers for items owned by their FFL. This fee needs to be paid yearly and may be in addition to other fees necessary depending on what the FFL will be doing. If you are interested in setting up a FFL, please Contact Us as we can put you in touch with someone to help you create your FFL and have the systems necessary to not create problems with the BATFE. You can buy cheap products out there that will help create the FFL, but just because you create n FFL does not mean it will be done correctly and you will understand what your duties and responsibilities. Our package helps you protect yourself from unintentional violations.

In regards to personal ownership, it is unfortunate but you, your company, or your trust will need to pay $200 for each silencer you purchase.

September 11, 2011

Benefits of Gun Trust over LLC in Most States

We are often asked about the advantages of a Gun Trust by one of our Gun Trust Lawyers® over a LLC. I have compile a quick list of the most common advantages.


  1. no federal or state tax or reporting requirements with a trust

  2. no annual fees with a trust

  3. with a trust you can easy, quick, and inexpensive to change who can use or have access to the firearms

  4. privacy with a trust is not available with a LLC in most states

  5. if the LLC is administratively dissolved, the items become illegal and fixing the LLC does not make them legal again under the NFA

  6. a trust deals with incapacity and death for succession planning

  7. a trust can be changed quickly (the same day) to fix problem with prohibited persons

  8. your zoning may not allow for a business to be operated at your home.

  9. easy to modify if you move or change states, LLC's often require to be registered in each state and additional yearly fees may be due.

  10. some people want to use existing business to purchase NFA firearms, this can cause your business and livelihood to be at risk if someone uses the firearms incorrectly or allows others to have possession or use them.


If you would like to discuss the creation of a NFA trust for the purchase of silencer, SBR, SBS, AOW, or a machine gun Contact Us to begin the process. We work with over 150 Gun Trust Lawyers® in more than 43 states.

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.