NFA Gun Trust Lawyer Blog

This week an 8 year old child shot and killed himself at a gun show in Massachusetts.  For a good analysis of the potential negligence claims involving a child using a Machine Gun look at David Wolf's Florida Child Injury Lawyer Blog. This unfortunate incident goes to show the dangers of letting children possess or use a Machine Gun.  The NFA prohibits the transfer of weapons to children without an approval, except transfer of an item to a gun store employee or other licensed reseller.  Section 5845 (j) of the NFA defines transfer: 

The term. 'transfer' and the various derivatives of such word, shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of.

It appears that even though the gun show organizer may have been able to allow the child to shoot the Uzi under state law with the permission of the parent, the gun dealer was in violation of the NFA for transferring or loaning the weapon to the child.

In addition it is illegal under Chapter 5861 for any person to receive or possess a firearm transferred to him.

Not only was it a violation of the NFA to allow the child to be in possession, but the child was also in violation of the NFA for being in possession of the UZI. 

This unfortunate incident only goes to show the importance of safeguarding NFA firearms from the use or access of others.  If you own a machine gun as an individual and die, your child could inherit the machine gun.  As we have too often seen, some children cannot comprehend the dangers of guns.  A properly drafted NFA Firearms trust can protect young children from gaining access to restricted firearms or any firearms until the child reaches a specified age and others determine that they are legally and mentally stable and responsible enough to manage a firearm.

Florida Employers have to let employees keep guns in their cars if they have a concealed weapons permit. But, businesses can still have a no gun policy for customers for now.

U.S. District Judge Robert L. Hinkle  states that there is no second amendment right to bring your gun to someones property and  that customers would have the same right as employees under the new legislation but for the working of the statute which may be fixed later.

The law defines employer as a business with employees who own guns.

While the public perceives NFA weapons as dangerous Guncite.com reports that there have only been two murders since 1934 involving legally registered Machine Guns and one of those was by a police officer.

ATF Acting Director ATF Michael J. Sullivan released the following statement on the recent Supreme Court decision in District of Columbia et. al. v. Heller: "ATF is pleased with the Supreme Court's ruling recognizing that the Second Amendment protects an individual right to possess firearms, including for private purposes unrelated to militia operations. The court's ruling is in accordance with the text of the Second Amendment, historical practice, and the Attorney General's 2001 guidance on the scope of the Second Amendment, and is consistent with the bureau's understanding of the scope of the Second Amendment. The Bureau also is pleased that the court appropriately made clear that nothing in [the] ruling casts doubt on the constitutionality of 'longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.' In addition, the court appropriately recognized that the 'carrying of dangerous and unusual weapons,' such as machineguns, is not protected by the amendment. The bureau is studying the decision, but expects that it will not affect its continued enforcement of all existing federal firearms laws."

Firing Automatic Weapons From A Segway

Saw an article on the China Daily News site that armed police are using Segways in their anti-terrorist activities as they prepare for the Beijing Olympics.

I have seen police use Segways's but not like this before.

Disney is warning its employees that they will be terminated if they leave guns in their car.  This appears to be in violation of the new law.   Below is a copy of a memo that is being sent to their employees.  The NFA and numerous sources have reported receiving the same memo.

Continue reading "Disney's Attempt to violate New Florida Guns-at-Work law" »

Here is Obama's Statement:

"I have always believed that the Second Amendment protects the right of individuals to bear arms, but I also identify with the need for crime-ravaged communities to save their children from the violence that plagues our streets through common-sense, effective safety measures. The Supreme Court has now endorsed that view, and while it ruled that the D.C. gun ban went too far, Justice Scalia himself acknowledged that this right is not absolute and subject to reasonable regulations enacted by local communities to keep their streets safe. Today's ruling, the first clear statement on this issue in 127 years, will provide much-needed guidance to local jurisdictions across the country.

As President, I will uphold the constitutional rights of law-abiding gun-owners, hunters, and sportsmen. I know that what works in Chicago may not work in Cheyenne. We can work together to enact common-sense laws, like closing the gun show loophole and improving our background check system, so that guns do not fall into the hands of terrorists or criminals. Today's decision reinforces that if we act responsibly, we can both protect the constitutional right to bear arms and keep our communities and our children safe."

Today the Supreme Court Ruled on the Second Amendment Right to Bear and Keep arms.  John McCain issued the followign statement:

"Today's decision is a landmark victory for Second Amendment freedom in the United States. For this first time in the history of our Republic, the U.S. Supreme Court affirmed that the Second Amendment right to keep and bear arms was and is an individual right as intended by our Founding Fathers. I applaud this decision as well as the overturning of the District of Columbia's ban on handguns and limitations on the ability to use firearms for self-defense.

Unlike Senator Obama, who refused to join me in signing a bipartisan amicus brief, I was pleased to express my support and call for the ruling issued today. Today's ruling in District of Columbia v. Heller makes clear that other municipalities like Chicago that have banned handguns have infringed on the constitutional rights of Americans. Unlike the elitist view that believes Americans cling to guns out of bitterness, today's ruling recognizes that gun ownership is a fundamental right -- sacred, just as the right to free speech and assembly.

This ruling does not mark the end of our struggle against those who seek to limit the rights of law-abiding citizens. We must always remain vigilant in defense of our freedoms. But today, the Supreme Court ended forever the specious argument that the Second Amendment did not confer an individual right to keep and bear arms."

Dave Markowitz has posted Thoughts on the Heller Decision on his Blog O'Stuff, a Blog about Computing, Shooting, RKBA, and whatever else he feels like ranting about.

He states that the court held that the Second Amendment protects an individual right for lawful purposes including self defense.

2) Some restrictions of the RKBA are ok, licensing is not forbidden, but it must not be arbitrary or capricious

3) Outright bans of arms in common use are forbidden. Handguns are in common use, but machineguns could possible be banned. Perhaps the reason machine guns are not in common use is because of their heavy regulation for the last 70 years.

4) The Supreme Court declined to specify a standard for review of a Second Amendment base callenge to gun laws.

The Milwaukee Journal Sentinel has an article on an odd application of the NFA and consequences of an improper transfer. This type of result only furthers support that NFA restricted items should be help in a NFA Gun Trust to help avoid invalid transfers.

The US District Judge said that Olofson, knew that the gun fired automatically and gave it to someone else to use on a shooting range. This is a technical violation of the NFA and could have subjected Olofson to 10 years in jail and $250,000 in penalties.

If you want a Silencer, Short barreled Riffle, or Machine gun and want to protect your family and friends from an accidental transfer or a case involving constructive possession, you should Contact Gun Trust Lawyer to explain the benefits of using a NFA gun Trust.

Glenn Beck, CNN's multimedia personality, plans to devote both his television and radio programs all week to the Second Amendment and firearms issues. Beck's Web site will carry audio and video clips from what he calls, "Gun Week."