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August 12, 2013

Obama reported to sign UN Gun Treaty while Congress is on Vacation

Obama reported to sign UN Gun Treaty while Congress is on Vacation:

Obama.jpg
Jay Carney said Obama will sign the UN Arms Trade Treaty "before the end of August...We believe it's in the interest of the United States."

I have previously written on how the UN Arms Treaty can prohibit the future transfer of firearms for citizens of the United States. For the Treaty to become effective it must be ratified by the U.S. Senate. This requires 67 votes. You should contact your Senator and let them know you do not want them to approve the UN Arms Trade Treaty also known as the UN Gun Treaty.

To read more about the UN Gun Treat follow this link and for more commentary on the treaty follow this link

While the UN Gun Treaty could prohibit future transfers of firearms, a Multi Generational Gun Trust could protect your firearms for future generations by not subjecting the firearms to restrictions on the transfer of firearms to future generations. If you or your family has a firearms collection you would like to protect, contact us to find out more about our Advanced and Professional Gun Trusts.

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.

May 9, 2013

Gun Trust can be used to purchase Multi-Caliber Suppressors in most states.

New Silencer - SWR: Specwar 762; Multi-caliber Sound Test.

A Gun Trust can be used to purchase suppressors in most states like the Specwar 762 from SWR. The multi-caiiber suppressor had sound suppression to the 135-131 db range when looking at 10 shot averages. Most suppressors try to obtain results less than 140 db to create a hearing safe level.

April 3, 2013

Connecticut Gun Legislation and Gun Trusts

magazine.jpgConnecticut about to enact one of the most restrictive Gun Laws in the United States.
Here is what is being reported to be in the bill. As of this morning the bill had not been published and it appears to be on a fast track as Emergency Legislation.

  1. The bill establishes a first in the nation statewide dangerous weapon offender registry.
  2. The bill requires "universal background checks" for the sale of all firearms immediately, upon passage.
  3. The bill significantly expands the Connecticut Assault Weapons Ban.
  4. The bill immediately bans the sale or purchase of large capacity magazines, and imposes extremely stringent restrictions on the use of those currently possessed. (LCMs that are currently possessed must be registered with DESPP by January 1,2014 to remain legal, and even when registered will be subject to extremely strict usage limitations:)
  5. The bill requires new state issued eligibility certificates for the purchase of any rifle, shotgun or ammunition.
  6. The bill expands the scope of Connecticut's firearms safe storage law.
  7. The bill significantly increases penalties for many firearms trafficking and illegal possession offenses.
  8. The bill expands the membership of the Board of Firearms Permit Examiners, and expands due process for local authorities in front of the board.
  9. The bill changes the status, with regard to the legal possession of firearms and permits therefore, of individuals who have been either involuntarily confined in or voluntarily admitted to a hospital for persons with psychiatric disabilities, as defined in section 17a-495 of the general statutes.
  10. The bill establishes the offense of illegal possession of ammunition, so that an individual
  11. who is ineligible to possess a firearm will also now be ineligible to possess any ammunition.
  12. The bill requires applicants for a temporary permit to carry a pistol or revolver to apply only in their town of residence (as opposed to also where they work), and further limits such applications to only one per twelve months.
  13. The bill establishes a new age limit for the purchase of centerfire semi-automatic rifles (other than banned assault weapons). Under the bill an individual will have to be at least 21 to purchase such a rifle, as opposed to the current federal age limit of 18.
  14. The bill bans the sale of armor-piercing ammunition, and makes it a class D felony to carry a firearm loaded with any such ammunition.

While many of these provisions will go into effect immediately, there is still some time to get form a Gun Trust and transfer your firearms and magazines into the trust prior to the enactment of the legislation.

March 2, 2013

Colorado expects new Gun & Magazine Transfer restrictions next week

The Colorado lawyers we work with have informed us that there are several new laws about to be passed soon. To provide the maximum flexibility to manage your firearms and magazines they are suggesting that you form a Gun Trust and transfer all of your firearms and magazines into the trust ASAP. We have been overwhelmed with trust requests in the last few days from residents of Colorado seeking to protect their rights.

At this point in time the quickest way to form a Gun Trust is to purchase a Base Gun Trust Form and then transfer your firearms and magazines into it using the documents that come with the trust. Once the Gun Trust is formed you can upgrade to the Advanced or Professional Trust to have the additional legal support and features. You will receive a discount of the price paid for the Base trust towards the upgrade so you will not be penalized.

July 27, 2012

U.S Does Not Sign UN Arms Treaty

UPDATE FOX news is the first major network to confirm this story we began discussing over 8 hours ago.

unarms.jpegI received numerous emails about the UN Treaty not being approved. The Examiner and TheGunMag.com have also reported that It was announced this morning that the US will not sign the UN Arms Treaty in its current form. While it is possible that a modified treaty could be singed at a later time it appears that the intense public awareness of the restrictions on our Second Amendment rights has cause such outreach by firearms rights supporters that the Treaty will not be signed in its present form.

As of this afternoon, I am seeing no major media outlets reporting this fact and some even alluding that it will still be passed. Will it be passed or not? We will know if a few days. Below I have complied a few sources on the story and even read through the proposed treaty which I found to be very circular and while supporting gun rights of states, would appear to require states (countries) to pass laws that would not permit misdirection or misuse of firearms by others. How else can you do this other than to ban certain small arms.

Even if this issue fails to pass this week, I am certain that we will see this issue again.

Update GunMag.com is also reporting that Alan Gotlieb who is at the United Nations in NY said the government will not sign the document.

The Seattle Times is reporting that the U.N. Treaty is unlikely to curb U.S. gun Rights. If passed this article appears to be an effort to distract from the true nature of the Bill. A misleading article at best.

The UN has a history of pursuing disarmament including firearms owned by individuals. While the text appears to talk about gun rights, it talks about them in terms of the states rights or collective self-defense rights and not at the individual level as we have under the Second Amendment. The UN has described its efforts on their own website as wanting to advance the restrictions and availability of ownership of small arms by the individual and destruction of surplus state (government-owned) weapons.

The Preamble states "Underlining the need to prevent, combat and eradicate the illicit trade of conventional arms and to prevent their diversion to illegal and unauthorized end use, such as terrorism and organized crime."


The Principles
The inherent rights of all States to individual or collective self-defense;
(NOTE these are rights of the state and not the individual)

Goals and objectives include avoiding international trade in arms. While this treaty would apply to larger arms like ships, tanks, aircraft, it would also apply to small arms and light weapons.

Each country would be required to create a national control system (registry) and would prohibit the transfers what would violate the treaty, would be a violation if they the arms were eventually transferred to an inappropriate personal or country, or were used for genocide, crimes against humanity, war crimes...

The UN document is similar to many UN treaties and appears to be so circular in nature that while allowing legal uses and each state to make their own rules, seem to restrict the rules that can be made by agreeing that no states (country) rules would possibly allow for an illegal or improper use of the arms to be regulated.

Basically you can't own an AR15 because someone might sell one to a drug cartel that might do something wrong with the firearm. As such those firearms would not longer be permitted to be sold. This type of circular logic would have no end and surly end up eliminating all or most future firearms transactions.

If the treaty is signed what will happen? The treaty would go into force until the Senate voted to approve or deny the treaty. It would take 66% of the senators (67 Votes to Approve it). While this may be a problem, a Signed treat would be enforced until it was brought up for a vote. Some questions whether there would be enough senators to bring the treaty up on a vote.

Does anyone really think that laws keep criminals and terrorist from obtaining firearms?
To read a copy of the UN Treaty read the rest of this article.

Continue reading "U.S Does Not Sign UN Arms Treaty" »

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 12, 2012

Google's Anti Gun Policy

Recently Google Shopping updated its terms of service to not allow any of the following
Other prohibited categories

The following products are not allowed on Google Shopping:

  • Vehicles
  • Guns, ammunition and knives
  • Tobacco and cigarettes
  • Traffic devices (Learn more)
  • Products related to casino and gambling
  • Products or digital goods that require additional software installation in order to be purchased.
  • Products bundled with service plans. (Note: The only products that are allowed to be submitted with a service plan are mobile devices.)

The NSSF is reporting that
NSSF is attempting to reach Google to urge the company to reconsider this discriminatory policy that is hostile to the Second Amendment. We also plan to remind the company and emphasize that firearms cannot be purchased online and be transferred directly to the purchaser. A firearm that is purchased online must be physically sent from one federal firearms licensee to another, with the latter conducting the mandatory FBI background check on the purchaser (represented in person) and then transferring the firearm only after the purchaser has passed background check.

The company's new, anti-gun policy has rightly caused firearms owners to reconsider having Google be their search engine of choice. According to reports, the search engine Bing.com, for example, currently does not block firearms from appearing in shopping results.

Google's restrictive policy comes at a time when retailers and other online information resources have increased their content about firearms because of consumer demand. Fortunately, consumers have other online services to turn to instead of Google for their firearms information.

July 11, 2012

NO CLEO? Is e-filing Form 4's For Trusts in the Future?

Yesterday I read on Military Times that the American Silencer Association recently met with some unnamed people in congress and visited the ATF. Below is a video of their trip. Warning its a little long at over 7 minutes and has a lot of unnecessary footage of doorways, buildings and walking. You can skip to 1:25 if you want to see where the content starts.

Joshua Prince wrote a little review of the video on his Pennsylvania Gun Trust Blog where he noticed something that I missed. While many have been talking about the ATF removing the CLEO requirement it has not happened yet. While the CLEO removal would be nice, many would not understand the full benefits if there was not a CLEO requirement for individuals.

Joshua points out that the ASA also points out that since individuals also require fingerprints, and photographs unlike Gun Trusts that it might be possible to start eFiling Form 4 Submissions in the near future. (For those who do not want to watch the 7 minute video, skip to 3 minutes and 4 seconds )

I do not expect either to happen anytime soon, but you never know. If you are looking for a Gun Trust Lawyer® Contact Us or call our office to begin the process of creating a NFA Gun Trust or Gun Trust.

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.

May 31, 2012

U.S. Reverses Stance on Treaty to Regulate Firearms

Reuters is reporting that the U.S would back launching talks on a treaty to regulate arms sales.

The U.S. State Department released a statement that overturns the position of former President George W. Bush's administration which opposed such a treaty.

Secretary of State Hillary Clinton said the United States would support the talks.

The U.S. lobbying group the National Rifle Association has opposed the treaty as it could limit our gun rights and the ability to purchase or own firearms in the future.

Fears of restricted gun rights have created a huge increase in firearms sales over the past few years and there does not seem to be any indication that the sales will slow anytime soon.

May 10, 2012

JFPO and Alan Korwin White Paper : Why Jews Hate Guns

Jews have been assaulted, accosted, and oppressed by nearly every nation and empire in history, including the ancient Greeks, Romans, Persians, Byzantines, Ottomans and of course modern nations like Germany and the USSR.

With a history like this, you would think that Jewish people would be pro self-defense and pro firearms. While many are very pro firearms there are also many who are very much against firearms. This paper Why Jews Hate Guns helps explain many of the issues related to firearms rights.
This White Paper was written by Rabbi Dovid Bendory of JFPO and Alan Korwin of GunLaws.com.

May 1, 2012

A New Breed of Gun Trusts - Protecting Firearms Collectors & Their Collections

Red-Wagon-of-Guns.jpgAmmoLand has posted an article on Gun Trusts which has a good explanation of Gun Trust and why traditional estate planning is not appropriate for firearms collectors or owners. It also goes into some details on how a gun trust works, benefits of a gun trust, and how asset protection for your firearms can be accomplished. (This concept of this article was prepared by my office)

April 25, 2012

"Turn Tail and Run" Law Proposed

By Evan F. Nappen

Washington, D.C. Senator Lousenburg (D. NJ) has filed the "Turn Tail and Run" (TTR) bill in the U.S. Senate which, if passed, would preempt ALL State "Stand Your Ground" (SYG) laws. The new bill would impose a national duty to retreat at all times when one encounters a criminal threat or is about to become a victim of violent crime. New York City Mayor Bloomingidiot has made passage of the "TTR" a centerpiece of his national "Second Chance at Shoot First" campaign. The mayor heartily approved of TTR, especially since bodyguards of celebrities, VIP's, and political figures were exempted.

When the President was asked about TTR at a recent press conference he expressed his eager support. He said "Great Britain has long banned self-defense" and "Americans need to be brave, like Sir Robin." The President then quoted a passage from the classic British tale of Sir Robin:

"Brave Sir Robin ran away. Bravely ran away, away. When danger reared its ugly head, he bravely turned his tail and fled. Yes, brave Sir Robin turned about. And gallantly he chickened out. Bravely taking to his feet. He beat a very brave retreat. Bravest of the brave, Sir Robin!"

He further pointed out four simple rules of how TTR would apply:

  1. You are criminally attacked, run away!
  2. You see others being criminally attacked, run away!
  3. You are threatened with violent crime, run away!
  4. You see others being threatened with violent crime, run away!

The President illustrated these simple rules as follows, "So for example, if you are mugged in the street, attacked by a rapist, threatened with a deadly weapon, or confronted by a burglar in your home, be brave and run away! If you see others facing such threats, be brave and run away!

He further commented that TTR is a proud American tradition that helped us win our independence, "We, as Americans, need to remember the example set by Captain Parker at Lexington Green in 1775 when he bravely said to his fellow Minutemen, "Turn tail and run. Don't fire even if fired upon. If they mean to have a war, let it begin somewhere else."
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Attorney Evan Nappen, Esq. is a Gun Trust Lawyer®, the General Counsel and one of the five corporate Directors of Pro-Gun New Hampshire, Inc. (www.PGNH.org). He is President of E.F. Nappen Attorney at Law PC in Concord, New Hampshire, and is the author of the book New Hampshire Gun, Knife, and Weapon Law.