NFA Gun Trust Lawyer Blog

Masterpiece 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.

This 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.

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 transferrable 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.

KelTec 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 blowback/locked-breech system. This operation system allows for the use of a wide variety of ammunition as it seamlessly adjusts between locked breach and blowback 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.

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).

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.

(NOTE - A GUN TRUST SHOULD NEVER BE USED BY A PROHIBITED PERSON, AND OUR GUN TRUST CAN NOT BE USED TO MAKE A PROHIBITED PERSON A TRUSTEE)

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).

I 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 womans shoes please send them as used guns seem like they would be part of the deal.

Today, the ATF revised it's definition of State of Residence and residency requirements.

The Gun Control Act (GCA) generally prohibits any person from transferring firearms to any unlicensed person who they know or have reasonable cause to believe does not reside in the State in which the transferor resides. See 18 U.S.C. § 922(a)(5).

27 C.F.R. 478.11 defines the term "State of residence" differently for U.S. citizens and aliens. A U.S. citizen's State of residence is the State in which he or she is present with the intention of making a home; while an alien is considered a resident of a State if he or she has resided in that State for a period of at least 90 days prior to the date of transfer with the intention of making a home.

Federal firearms licensees (FFLs) were previously required to obtain documentation establishing that an alien legally in the United States has resided in the State continuously for at least 90 days prior to the transfer of the firearm. See Question 20c of the Firearms Transaction Record, ATF Form 4473.

The DOJ recently concluded that, as a matter of law, applying a more stringent State residency requirement for aliens legally present in the U.S. than for U.S. citizens is incompatible with the language of the GCA. As a result, ATF will be revising the regulations in 27 C.F.R. Part 478 to conform to the DOJ's conclusions by removing the separate 90-day residency requirement for aliens. Once the regulations have been revised, both U.S. citizens and aliens legally present in the U.S. will be subject to the same requirements for State residency and proof of residency. ATF is in the process of amending its forms to conform to the statute as well.

Until process is complete, the current regulations have the force of law and for the time being, FFLs should continue to use the current forms and abide by the current regulations.

The Scottsdale Gun Club is inviting families and their children to pose for pictures with Santa Claus - and a high-powered firearm. The photos are $5 for club members and $10 for non-members. Their website states "Santa's Back With His Bag Of Goodies. Get Your Holiday Picture With Santa & His Machine Guns!"

American Hunter Magazine, received by more than a million subscribers, recently had an article on the benefits of suppressors in relation to hearing. The NRAILA has posted an online version of the has an article on their website. The article discusses the unfair portrayals by hollywood to show silencers as tools of criminals and assassins. In reality thousands of law-abiding citizens use silencers to protect themselves from the harmful effects of the sound produced by guns. Not only do silencers not make guns silent but they rarely are used by criminals. In Europe suppressors are actively encouraged. They are called "moderators" and are just a nother accessory for firearms that are widely available and encouraged. Today only 11 states prohibit the possession of silencers while purchasing them in many of the states where they are permitted can be difficult or impossible unless one chooses to use a Gun Trust Lawyer® to form a NFA Trust or a business entity. Even in areas where local sheriffs routinely approve the purchase of silencers there may be significant unforseen benefits in the use of a Gun Trust. These can include:

1. Additional co-owners;
2. Additional authorized users;
3. Protection from constructive possession;
4. Protection of the firearms from loss of firearms rights;
5. Estate Planning and transfer upon death issues related to guns; and
6. Privacy.

There are many other benefits that can apply depending on your particular circumstances. If you would like to know how a Gun Trust could benefit you, you should discuss your situation and desires with a Gun Trust Lawyer®.

THe BATFE defines a fiscal year as October 1 - September 30 of the following year. The NSSF has compiled a chart showing the number of silencers sold in the past few years. Over the past few years there has been an increase in the number of silencers transferred in most states. In 2008 there were slightly more than 15,000 silencers and by the end of fiscal year 2010 there were more than 22,000 silencers transferred.

Pistols Configured from Rifles; Rifles Configured from Pistols
ATF has issued a new Ruling regarding Pistols Configured from Rifles; Rifles Configured from Pistols

ATF Rule 2011-4

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has received requests from individuals to classify pistols that are reconfigured into rifles, for personal use, through the addition of barrels, stocks, and other parts and then returned to a pistol configuration by removal of those components. Specifically, ATF has been asked to determine whether such a pistol, once returned to a pistol configuration from a rifle, becomes a "weapon made from a rifle" as defined under the National Firearms Act (NFA).

After a bunch of analisys, the ATF found the following

Held, a firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. 5845(a)(3), is made when unassembled parts are placed in close proximity in such a way that they:

(a) Serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length (e.g., a receiver, an attachable shoulder stock, and barrel of less than 16 inches in length); or
(b) Convert a complete weapon into such an NFA firearm, including -

1. A pistol and attachable shoulder stock; and


2. A rifle with a barrel of 16 inches or more in length, and an attachable barrel of less than 16 inches in length.

Continue reading "ATF Ruling:Rifles Configured From Pistols, and Offers Q&A's Related to Multiple Long Gun Reporting" »

The Washington Times has an article on the efforts of the Second Amendment Foundation and how Washington DC has been manipulate its zoning laws to reduce gun brokers to make it more difficult for individuals to purchase firearms legally. The Alan Gottlieb and the second Amendment Foundation have recently filed several lawsuits to protect the rights of individuals in NY, NJ, and DC. If you are not a member, you should consider joining and supporting them in their fight to protect gun rights across the nation.

Besides dealing with the issues of physically moving the firearms across state lines, which is covered in our Memorandum that comes with the trust in the section entitled What is necessary if I want to take the firearms across state lines or change the location where they are stored?, we are often asked about the effect of moving states on the Gun Trust itself.

Generally moving from one state to another will not require any changes to the trust with the exception of the state of Maine (only if you want to make additional Title II purchases). A validly created Trust in one state, is valid in another state if you move. Depending on the language in the trust, the rules that it references may change or not. Generally our trusts will still reference the original state's laws once you move. This can be changed if you desire but is typically not necessary.

More importantly the ATF looks at the minimum requirements for a valid trust in the state in which it is being used. Our trusts meet the minimum requirements of any state where the items are legal.

The ATF does not understand the concept of a trust being created in one state and used in another state. If you only had a settlors signature and then moved to a state like Florida where two witnesses were required, the ATF would not recognize your trust as valid. Our Copyrighted Gun Trust will be recognized as valid for purchases of additional NFA Firearms in any state where the purchase of those firearms is legal except Maine, which has a strange gun law which requires that a trust be formed in that state to be an eligible purchaser of firearms.

So unless you move to Maine, there is nothing that needs to be done with a trust prepared by a Gun Trust Lawyer® to be used in another state. If the laws of a state change and you need an amendment for some reason or just would like to change your trust to be under the laws of your the new state you live in, we do offer very reasonably priced amendments to change the jurisdiction and language in the trust.

An exception to the above might involve a custom amendment that is created to allow for the minimum requirements under your state laws. This is typically done for dealers who want to rent Title II firearms and easily add and remove trustees on a daily basis.