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November 15, 2013

Michigan Senate panel approves bill to lift ban on short-barreled shotguns and rifles

The Michigan Senate Judiciary Committee on Tuesday unanimously approved legislation that would lift the state's ban on short-barreled shotguns and rifles.

Senate Bill 610 would align Michigan with more than 40 other states that allow residents to own such guns if they meet federal requirements.

The current Michigan regulations prohibit people from manufacturing, selling, offering for sale or possessing a short-barreled shotgun or rifle. There is an exception allowing ownership of an antique gun unlikely to be used as a weapon. Often if the gun is modified it no longer remains the C&R status of an antique gun.

We will keep you updated on what happens and if or when residents of Michigan are able to purchase a SBR or SBS.

August 31, 2013

NFATCA Issues Statement Regarding CLEO and ATF

It seems that there has been a lot written about the NFATCA recently because of the recent proposed changes to the way NFATCA wants to deal with Trusts and define responsible parties. While it is clear that the NFATCA did not request the changes that have been proposed, it might be fair to say their efforts opened the can of worms and perhaps given the current political client, it might not have been the best time to try to eliminate CLEO. Imagine the shock to President Obama and the Administration to find out that Machine guns were legal. For years Obama has been stating that everyone knows that Machine Guns are illegal.

The proposed changes are not in anyones best interest. I do expect to see changes to what we have seen and the NFATCA will be active in helping to justify the absurdity of the current proposal. In addition, we will be working on proposed actions and responses to the ATF once the comment period opens.

Follow this link for the NFATCA_Statement_083113.pdf or you may read the statement below.

Continue reading "NFATCA Issues Statement Regarding CLEO and ATF" »

August 29, 2013

Whitehouse.gov posts inaccurate fact sheet on Trusts

Below is what was posted on the whitehouse.gov website. It is clear that the whoever wrote this does not understand the law and you will notice a lot of anti firearms language and an anti gun rights slant to the message.

Closing a Loophole to Keep Some of the Most Dangerous Guns Out of the Wrong Hands

  • Current law places special restrictions on many of the most dangerous weapons, such as machine guns and short-barreled shotguns. These weapons must be registered, and in order to lawfully possess them, a prospective buyer must undergo a fingerprint-based background check.

  • However, felons, domestic abusers, and others prohibited from having guns can easily evade the required background check and gain access to machine guns or other particularly dangerous weapons by registering the weapon to a trust or corporation. At present, when the weapon is registered to a trust or corporation, no background check is run. ATF reports that last year alone, it received more than 39,000 requests for transfers of these restricted firearms to trusts or corporations.

  • Today, ATF is issuing a new proposed regulation to close this loophole. The proposed rule requires individuals associated with trusts or corporations that acquire these types of weapons to undergo background checks, just as these individuals would if the weapons were registered to them individually. By closing this loophole, the regulation will ensure that machine guns and other particularly dangerous weapons do not end up in the wrong hands.

First I will address what was posted.

  1. The NFA imposes a restriction on the transfer and possession of certain firearms. Not all prospective buyers must undergo a fingerprint-based background check.
  2. Most people using Gun Trusts are purchasing suppressors, these are not dangerous weapons, in fact a suppressor is not a weapon unless you hit someone with it. Most suppressors are round and do not have a sharp edge. A butter knife is more of a weapon than a suppressor
  3. Next, prohibited persons and felons cannot easily evade the requirement of a background check to gain access to machine guns anymore than they can with a regular firearm. Most dealers will do a NICS check on anyone purchasing a Machine Gun. As far as transfers from non firearms dealers, there are stricter requirements on transfers to individuals and the same requirements as regular firearms to trusts or corporations. No criminal would subject themselves to notifying the ATF of their intent to purchase a machine gun, wait 6-12 month to be able to receive the firearm, pay a $200 tax, and pay an extra $10,000 - $20,000 to purchase a legal machine gun when illegal machine guns can be purchased or made easily without waiting or notifying the ATF. This logic is flawed.
  4. There is a process where the ATF can change the rules and requirements in the procedure for purchasing these items. This is not a done deal and as of now what might be proposed is unknown but it will likely include something similar to a NICS check or fingerprint cards.

So what does this mean for your current Gun Trust or one you are ready to create?

This does not mean Gun Trusts are dead or useless. NO. In fact, today many people who only own regular firearms use Gun Trust to manage their firearms. It is the responsible way to own firearms to prevent your family and friends from being subjected to an accidental felony.

Current estate planning and state laws are flawed when it comes to the disposition of firearms to those who survive you. They treat a firearm the same as a bank account. Firearms owners are generally very responsible people and would not want to put their family or friends at risk because of their death.

Our Gun Trusts deal with these issues and allow those who survive you to make smart and intelligent decisions based on the geographical, legal, and emotional issues that will be unknown until you die.

In addition, our Gun Trusts can be setup to last from generation to generation while providing asset protect for your firearms. Yes it is possible to protect your firearms from creditors, divorce, divorce of a child or grandchild, and even from the creditors of your descendants.

Any new requirements will likely slow down the process of obtaining approval from the ATF and may make the new electronic filing that the ATF introduced obsolete. If you are thinking of getting a gun trust to purchase a Title II firearm, now may be the time to do so before new regulations are enacted which change the way they work.

As we have not seen any of the proposal and once it is published there will be a 90 day comment period prior to the introduction of any changes, it is hard to speculate on how or what may be changed.

We do not think this will significantly make a difference to our typical gun trust client as we do not provide gun trusts to felons, domestic abuser, or other prohibited persons. In fact, our trust would not be valid if used by a prohibited person.

Our Gun Trusts are created so that if the law changes we can address the changes in law by changing the trust. It is likely that most if not all changes can or will be addressed as they are made known.

August 29, 2013

Gun owners with Trusts or Corporations and Obama Administration

Today there has been much news about an action or executive order to help ensure that people who should not be able to own NFA firearms are not permitted to do so using a Trust.

First, our Gun Trusts, have never allowed a prohibited person to legally purchase, or be authorized to use firearms or ammunition. This is one of the significant differences between a real Gun Trust from a Gun Trust Lawyer® like we provide, and other so called gun trusts or regular estate planning Trusts.

If you are a criminal, addicted to drugs, a user of illegal drugs(under federal law including medical marijuana), or prohibited to own firearms under local, state, or federal laws, you cannot use our documents to create a valid trust. In addition, any co-trustee or authorized users who are prohibited cannot be added and any attempt to do so is void.

In regards to what is being reported in the news today, at this time we have not seen anything in writing to indicate what was done, what will change, or how it or when any changes will be implemented. At this time, some reports indicate they are proposed changes that will go through a 90 day review at ATF, prior to ATF making any decision to implement any changes. Once we have seen the documents we will be in a position to comment.

The Prince Law Firm has a good article on the ATF Rulemaking Process and potential implications for Gun Trusts.

If you want to keep up to date on any changes or updates to this issue, you should watch this blog or subscribe to it by using the subscribe function in the upper right under the state map or clicking on the subscribe image below.
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Last Updated 8/29

July 23, 2013

Advanced Armament 1911 R1 / Tirant 45 Suppressor Package

aac-pistol-660x241.jpgThis past Friday, thefirearmsblog.com released an article detailing Advanced Armament Corp.'s (AAC) new collaboration with Remington. The article announces the collaboration as "Advanced Armament Corp.'s first branded pistol," disregarding AAC's long time partnership with Nighthawk Custom.

Nonetheless, Advanced Armament has teamed up with Remington to offer the first-ever pistol/suppressor combo package with a retail price of $2,261.

The accuracy and reliability of the 1911 have been enhanced by the features this product exhibits. End consumers will be happy to know that this silencer and pistol combination is equipped with a Pelican case with custom cut foam, a Tirant45 silencer and (2) two magazines. The product also features high sites, a black threaded barrel, custom Grey VZ "Grenade" AAC logo grips, the Skull Xguns logo on the right side of the slide and "Advanced Armament Corp" on the left side.
This package is an AcuSport exclusive, and is only available to FFL Class III dealers who purchase through AcuSport. Since the silencer is a Title II item, if you purchase this new combo, keep in mind you will have to submit a Form 4 to ATF.

July 8, 2013

Firearms Industry Files Suit Regarding New Connecticut Gun Laws

The National Shooting Sports Foundation® (NSSF®), the trade association for the firearms and ammunition industry, today filed suit in federal court for the District of Connecticut alleging that Governor Dannel Malloy and the leadership of the Connecticut General Assembly misused the so-called "emergency certification" exception to circumvent the safeguards of the normal legislative process and in violation of Connecticut statutory law in order to pass Senate Bill 1160, a package of strict gun control regulations.

The suit further alleges that enactment of the new law violates fundamental due process rights guaranteed by both the Connecticut and United States Constitutions. NSSF is asking the court to declare the law invalid and issue an injunction prohibiting its enforcement.

"A 139-page bill was assembled behind closed doors, bypassing both the public hearing and committee processes, and quickly sent to floor votes on the same day in both the House and Senate where legislators did not have adequate time to even read the bill. The governor then signed the package into law the next day. All of this is in violation of guarantees citizens are supposed to have under Connecticut State Statutes and protections in our State and U.S. Constitutions for which our forefathers fought," said Lawrence G. Keane, senior vice president and general counsel, NSSF. "Our suit focuses on this abuse of process that has resulted in enacted law that does nothing to improve public safety, while resulting in adverse effects on law-abiding citizens, manufacturers, retailers and sportsmen's organizations."


The Filing can be accessed here NSSFComplaint-FILED_070813.pdf

April 8, 2013

Senate to Take Up Anti-Gun Legislation Soon!

The U.S. Senate has announced that anti-gun legislation will be heard on the floor next week. While that could change at any time, right now it means that your Second Amendment freedoms are on the chopping block, and you need to take immediate action to save them.

Senators are scheduled to vote on a so-called "universal background check" bill being pushed by lifelong anti-gun zealot, Sen. Charles Schumer (D-N.Y). Schumer's bill--S. 374, the "Fix Gun Checks Act of 2013"-- would criminalize virtually all private firearm sales, even temporary transfers, making you a criminal if you simply transfer a firearm to an aunt, uncle, cousin or lifelong friend without the federal government's approval. Even worse, President Barack Obama's Justice Department says that Schumer's bill will only be effective if it's coupled with mandatory gun registration.

Sen. Dianne Feinstein's (D-Calif.) gun and magazine ban legislation will be allowed to offer her legislation as an amendment.

April 6, 2013

Obama Administration is expected to sign the treaty soon after it is opened for signature June 3

On April 2, the United Nations General Assembly voted 153-4 to pass the Arms Trade Treaty, with the United States voting in favor. The vote in the General Assembly was necessary to push the treaty process forward after negotiations twice failed to deliver on the goal of developing the treaty by unanimous consent. The Obama Administration is expected to sign the treaty soon after it is opened for signature June 3.

The text of the approved treaty is deeply problematic and threatens the rights and privacy of American gun owners. Signatories are encouraged to keep information on the "end users" of arms imported into their territory and supply such information to the exporting country. Exporting nations, nearly all of which have civilian firearm control regimes far harsher than the U.S., are encouraged to take the firearm control laws of an importing country into account before approving a transfer of arms. The treaty also encourages states to adopt domestic legislation to facilitate the treaty's onerous requirements.

To read more on this treaty and its problems see the full press release from the NRA-ILA

March 12, 2013

UN Gun Treaty - Discussions and Vote to Begin March 18, 2013 in NY

What is probably the most serious threat to American gun owners in decades may achieve much of what many of the new bills before Congress are trying to achieve.

The UN Gun Treaty should ban the future transfer of most small arms (pistols, and rifles) if those guns could cause damage to another state. While this makes sense for a submarine, missile or nuclear bomb, the Treaty makes no provision for the difference between a Glock and a nuclear bomb.

For several years the NRA has talking about what it depicts as an international conspiracy to "grab your guns" or "restrict rights to buy certain firearms in the future."

While it is too early to tell what the final Treaty if approved will sate, one can review the previous version to see what the Gun Treaty is attempting to accomplish. If you would like to see a previous version with some commentary follow this link to the UN Gun Treaty

The UN Gun Treaty may prohibit the future purchase and transfer of small arms (pistols and rifles). We are still recommending that is you are allowed to, you should transfer all firearms and magazines into your Gun Trust as soon as possible. If you have a NFA Trust or trust designed only for NFA firearms, you should investigate upgrading your trust to deal with all firearms. For those with substantial value in their firearms and accessories
a multi-generational asset protection gun trust may be the solution for your and your family. If you would like to contact a Gun Trust Lawyer® use the contact form on the right side of this page.

February 26, 2013

NRA Life Membership Special $300

A few years ago the NRA ran a similar special and I am always getting asked if I know of any specials for life members. If you follow this link you can get the $1000 NRA Lifetime membership for only $300.

February 22, 2013

Huge Win for Gun Rights in Illinois

The Second Amendment Foundation today won a significant victory for concealed carry when the Seventh Circuit Court of Appeals let stand a December ruling by a three-judge panel of the court that forces Illinois to adopt a concealed carry law, thus affirming that the right to bear arms exists outside the home.

Continue reading "Huge Win for Gun Rights in Illinois" »

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.

January 31, 2013

Congress being bombarded with 27 new Firearms Bills

The 133rd Federal Congress is being bombarded with Firearms Legislation. (No pun intended)
One of the latest is Senate Bill 150 by none other than Sen. Diane Feinstein (D-CA)

The Firearms Policy Coalition has provided a nice summary of the 120+ bill that would almost restrict every firearm other than a revolver. I am sure that restriction will come in a second bill.

Summary: S. 150, among other things, would ban the sale, transfer, manufacturing and importation of:

  • All semiautomatic rifles that can accept a detachable magazine and have at least one "feature" (i.e., pistol grip; forward grip; folding, telescoping, or detachable stock; grenade launcher or rocket launcher; barrel shroud; or threaded barrel);
  • All semiautomatic pistols that can accept a detachable magazine and have at least one "feature" (i.e., threaded barrel; second pistol grip; barrel shroud; capacity to accept a detachable magazine at some location outside of the pistol grip) or that are the semiautomatic version of an automatic firearm);
  • All semiautomatic rifles and handguns that have a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rim fire ammunition;
  • All semiautomatic shotguns that have a folding, telescoping, or detachable stock; pistol grip; fixed magazine with the capacity to accept more than 5 rounds; ability to accept a detachable magazine; forward grip; grenade launcher or rocket launcher; or shotguns with a revolving cylinder;
  • All ammunition feeding devices (means a magazine, belt, drum, feed strip, or similar device) capable of accepting more than 10 rounds; and
  • Over 100 specifically named firearms.

Unlike the 1994 assault weapons ban, Senate bill 150 does not include a sunset possession that allowed the original federal ban to expire. The bill also requires a background check on all sales or transfers of grandfathered firearms; prohibits the sale or transfer of large-capacity ammunition feeding devices lawfully possessed on the date of enactment of the bill; allows state and local governments to use federal funding to buyback grandfathered assault weapons and large-capacity ammunition feeding devices; imposes a safe storage requirement for grandfathered firearms; and requires that assault weapons and large-capacity ammunition feeding devices manufactured after the date of the bill's enactment be engraved with the serial number and date of manufacture of the weapon. Assault weapons used by military, law enforcement, and retired law enforcement; antique weapons, and firearms manually operated by a bolt, pump, lever or slide action are exempted from S. 150.

If you do not have your guns and magazines in a Gun Trust, now is the time to get them in a trust. Also if you plan on buying threaded barrels now is the time to do that also, even if you build them up later. Ammo will come back down, but you may not have the opportunity to use a silencer if you can't purchase a threaded barrel.

There are a few organizations you can join to help fight overreaching gun legislation. By visiting the FirearmsPolicy.org webpage you can help support the following gun rights organizations. I recently joined all of them and would encourage as many of you as possible to join 1 or more.

Federal - Second Amendment Foundation (SAF) +$15.00
Federal - Citizens Committee for the Right to Keep and Bear Arms (CCRKBA)+$15.00
CA - The Calguns Foundation (CGF) +$15.00
CA - California Association of Federal Firearms Licensees (Cal-FFL) +$15.00
MA - Commonwealth Second Amendment (Comm2A) +$15.00
FL - Florida Carry, Inc. (FCI) +$15.00
HI - Hawaii Defense Foundation (HDF) +$15.00
IL - Illinois Carry (IC) +$15.00
NJ - New Jersey Second Amendment Society (NJ2AS) +$15.00
TX - Lone Star Shooting Association (LSSA) +$15.00
WV - West Virginia Citizens Defense League (WVCDL) +$15.00

Continue reading to see the other 26 firearms bills which have been introduced in the last few days.

Continue reading "Congress being bombarded with 27 new Firearms Bills" »

January 16, 2013

Obama's Gun Proposal being announced

President Obama is speaking about Guns at this time 12 PM and he is making many executive orders as well as calling on Congress to pass legislation on the following.
1) universal background check for purchases from dealers or individuals
2) restore bank on military style assault weapons
3) ban on magazines > 10 rounds
4) help law enforcement, make laws and punish those who buy guns for others.
5) more cops back on the job and streets

No word yet on existing items that are already owned unlike the gun laws signed into effect in NY yesterday.

Today, the President is announcing that he and the Administration will:

Continue reading "Obama's Gun Proposal being announced" »

January 14, 2013

SilencerCo/SWR's New SPECWAR 5.56 and 7.62 Rifle Supressors

Specwar_762_front.jpg Silencerco is introducing two new rifle center fire suppressors at the Shot Show in Las Vegas this week. The retail price of this series is $899 with a mount.

Their Press Release includes the following information.
The three features for the SPECWAR include:

  • ACTIVE SPRING RETENTION - The SPECWAR's patented ASR (Active Spring Retention) locking collar ensures your SPECWAR will not come loose under a heavy firing schedule, greatly reducing incidents of the largest causes of rifle suppressor damage, baffle and end cap strikes.
  • UNIQUE BAFFLE ALLOY -The SPECWAR's fully welded, precision TrueBore Wire cut core features our unique new baffle alloy that represents a significant strength increase over current industry standard materials.
  • Specwar RS FLASH HIDER - The Specwar RS flash hider is a rock solid platform for attaching your Specwar. The RS stands for Resonance Suppression which is a patent pending technology that keeps the flash hider from ringing like a tuning fork. Used independently the Specwar RS offers superior flash reduction.