Alabama Governor Riley signed a bill into law making Short Barreled Riffles and Shotguns legal to own. The law was signed on 4/14/2010 and becomes effective on 7/5/2010. If you have a NFA Gun Trust, there is nothing you need to do, to be able to purchase these items after 7/5/2010.

This also means if you are going to travel to Alabama, you can use a Form 20 to bring your SBR or SBS to Alabama after the law goes into effect.

While ATF has previously stated that a certification of compliance is not necessary for trusts, they have now changed their mind or at lease in some cases. For this reason we are now recommending that you send in the 5330.20 with your Form 4 or Form 1 application to purchase or make a firearm restricted under the NFA.
We will create a sample Form 5330.20 to review. Here is a link to download a Certification of Compliance with 18 U.S.C. 922(g)(5)(B) ATF 5330.20

I was contacted by the firearms dealer offering the Free downloads of the NFA trust and they have removed the links on their website. Since being contacted, by this dealer I have had reports of other dealers in Florida, Texas, Arizona, Utah, Nevada, and South Carolina who are offering Free trusts.  While I have not had a chance to review all of them, there have been several trusts that were not set up correctly and pose substantial risks to the clients, their spouses and families for Constructive possession of NFA firearms.

The question still remains as to what will happen to their clients and others who have downloaded the invalid trusts and submitted them to the ATF. Apparently the ATF has approved them. It should be noted that just because ATF approved a Form 4 or Form 1 Transfer, this does not mean you are legally able to possess the firearms. They are only approving the ability to transfer the NFA firearms to a legal entity described on the Form 4 or Form 1.

To read more on this topic see the original article Free NFA Trust Form for Class 3, Title II purchases.  This article was written by David M. Goldman a Jacksonville Estate Planning and Probate Lawyer at the Apple Law Firm  PLLC.

Prior to November, the time to approve a Form 4 was less than 8 weeks. After November 20th, the number of people purchasing NFA items significantly increased and as a result the time to receive an approval on their ATF Form 4 or Form 1 increased to more than 6 months at their peak (26+ weeks).

Today I received a note from a client who obtained his approved Form 4 for his SBS only 59 days after submitting it to the BATFE. Hopefully this will be the norm and not the exception. Please let me know how long your Form 4 or Form 1 is taking for approval.

Prior to November, the time to approve a Form 4 was less than 8 weeks.  After November 20th, the number of people purchasing NFA items significantly increased and as a result the time to receive an approval on their ATF Form 4 or Form 1 increased to more than 6 months at their peak (26+ weeks).

Good news as I have recently heard from several of our clients that the Approval process is beginning to shorten.  Last week I heard from a client who stated that his NFA Firearms Trust approval time was between 4 and 5 months. 

Joshua Prince alerted me to a blog post on a developing situation he ran across on Subguns where an individual used Quicken to attempt to create a trust for NFA purposes.  Unfortunately the BATFE has now decided that his Quicken trust was invalid and is seeking to seize his MAC-11 and Silencer.  He could also be subject to a prison sentence of 10 years and $250,000 in fines.

This is a very unfortunate situation that could cost the individual severely. Its important to remember that just because the ATF approves your transfer, it does not mean that you are legally in possession.  This is the second situation involving invalid trusts and the ATF that we have seen this month. It looks like the ATF is beginning to look more closely at the trust documents they are receiving.

If you created a trust for NFA purchases in Quicken, Legal Zoom, or used another generic trust that was not reviewed before buy a lawyer before submitting it to the BATFE, you should contact a NFA trust attorney to review your trust for validity.  If you need help finding a local NFA Trust Lawyer we can help.  We work with attorneys in more than 40 states including Florida Gun Trust lawyers and South Carolina NFA lawyers to help review and create valid NFA trusts.

Note: At this time the link to the subguns has been taken down because of questions.  We believe this posting is authentic based upon correspondence with the individual but will update this post as the situation and our agreement with the individual (if any) allows.

I have a client who is looking to purchase a Thompson Machine Gun in Florida.  If you are not in Florida, there is a local transfer agent willing to help out.  If you have one for sale or know of one at a good price please let us know.

Many People have asked, How to fill out a form 4 when making class 3 purchases.  Because of this, we have added a page on this topic.  Please see

How to Fill out an ATF FORM 4 For NFA Class 3 Purchases

If you need help forming a trust, please Contact to find a Gun Trust Lawyer in Your State.

It is important to remember that the ATF will not accept your form 4 unless it is two sided.  The two pages need to be photocopied on to a single sheet of paper or the form will be rejected.

A form 4 is the application for tax paid for transfer and registration of a Firearm that is restricted by the National Firearms Act (NFA)

When transferring firearms that are restricted by the NFA, it is important to mail your Form 4 to the proper address.  There are several addresses floating around but at this time all Form 4's should be mailed to the following address:

National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms, and Explosives
P.O. Box 530298
Atlanta, GA  30353-0298

The same for is used when you are purchasing as an individual, business, or NFA Firearms Trust.

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

Machine Guns
Silencers
Any Other Weapon (AOW)
Destructive Devices (DD)
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)

In Arkansas you cannot own the following NFA restricted items.

None

Follow this link to find out more about Arkansas and NFA restrictions on 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)

In Missouri you cannot own the following NFA restricted items.

Silencers
Destructive Devices (DD)

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

There are several type of Title II firearms that require a Class 3 license to be transferred or manufactured under the 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 Minnesota you can own the following items that are regulated the the National Firearms Act

Machine Guns **   (C&R only)
Short Barreled Shotguns (SBS) **  (C&R only)
Short Barreled Rifles (SBR)
Any Other Weapon (AOW)
Some Destructive Devices (DD)

In Minnesota you cannot own the following NFA restricted items.

Silencers
Some Destructive Devices (DD)

Note: In Minnesota you can only purchase Machine Guns or Short Barreled Shotgun that are Curios and Relics (See:  Minnesota Statutes 609.67 MACHINE GUNS AND
SHORT-BARRELED SHOTGUNS)

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

We have associations with lawyers and attorneys in Pennsylvania.  These Pennsylvania Gun Trust Lawyers can provide NFA gun Trusts for the entire state of Pennsylvania.  A NFA Gun Trust can help protect individuals and their families from the criminal and civil penalties associated with the improper transfer or possession of a class 3 firearm regulated under the National Firearms Act.  In addition, the process of purchasing a silencer, SBR, or machine gun can be significantly reduced in the amount of time required and paperwork that is required.

They have offices in

• Allentown Pennsylvania;
• Bechtelsville Pennsylvania;
• Camp Hill Pennsylvania;
• Exton Pennsylvania;
• Pottstown Pennsylvania;
• Lancaster Pennsylvania;
• Lebanon Pennsylvania;
• North Wales Pennsylvania;
  
• Pottstown Pennsylvania; and
  
• Reading Pennsylvania

If you are located in another area of Pennsylvania they can also provide services by email and telephone in much the same way as if you were in their office.

To contact a Pennsylvania Gun trust lawyer fill our our Contact form.

If you live in a city in where the Chief law Enforcement Officer (CLEO) will not or easily sign a Form 4, there are several solutions.
Class 3 Weapons include suppressors, , short barrel rifles, machine guns, and other destructive devices.

The most common solution is to create a NFA revocable trust to hold title to the firearm or class 3 items. A NFA Gun Trust, Class 3 Firearms Trust, Florida Limited Liability Company, or Florida Corporation is a legal entity established under state law.

For NFA purposes many individuals prefer the a Revocable Trust over a corporation or LLC because the cost is far less on an ongoing basis. Business entities typically have state filing fees of around $150 a year. In addition there are the costs of tax preparation, compliance and filings with the IRS. In Florida and many other states Revocable Trusts like the NFA or Firearms trust do not require any disclosure or public filings. This means the ownership, control, and management is private. Although most Florida Revocable or Living Trusts can hold firearms or other class 3 items, many are not properly setup to deal with the issues involving firearms and other items which are regulated by the National Firearms Act (NFA). If the NFA is violated, the people in possession, and who transferred the items are subject to criminal charges, substantial fines, and forfeiture of not only the class 3 items in question but all firearms in the possession or ownership. ($250,000 penalty, 10 years in prison, and forfeiture of items) The gun or firearms trust must give the Trustee instructions and special powers so that they can legally manage for unplanned events. Weapons and other assets in a Firearms Trust can not be distributed like other assets upon the death or incapacity of the person who placed the items in the trust(The Grantor or Settlor). There are many advantages to a firearms trust, if you own or plan to purchase a class 3 items you should contact a lawyer who is familiar with these issues and can design a trust to protect you and your family from liability. If you are in Florida you can contact me and if you are in another state I would be happy to get you in touch with a lawyer in your state who can provide information on NFA Gun Trusts.