NFA Gun Trust Lawyer Blog

Prince Law Offices, P.C. will be hosting a machine gun shoot at Eastern Lancaster County Rod and Gun Club, which is located at 966 Smyrna Road, Kinzers, PA 17535 on October 22, 2011 starting at 11am. Everyone is welcome to attend. The only requirement is that you bring a driver's license and hearing and eye protection. All attendees will be required to sign a waiver.

There will be several dealers and manufacturers in attendance and which will have some unique firearms that you might not otherwise have an opportunity to shoot. One dealer will be bringing his KRISS .45 SMG, a Glock 18c, and some other fun toys. While you are welcome to bring your own firearms and ammunition, it will be up to the owner of the firearm as to whether he/she will permit you to use your ammunition in his/her firearm. The FFLs will be bringing ammunition for purchase, if you need additional or if they require certain types of ammunition to be used in their weapon systems.

While this event is free to all attendees, I am asking that you consider giving a donation to the Eastern Lancaster County Rod and Gun Club for their generous permission to use their range. If you have any questions, please feel free to contact me. To RSVP,

Joshua Prince, Esq.
Prince Law Offices, P.C.
646 Lenape Rd
Bechtelsville, PA 19505
610-845-3803 ext 81114
610-845-3903 (fax)
Joshua@PrinceLaw.com

Starting October 1st, any public official who passes or enforces gun regulations below the state level. State officials who enact or enforce local gun laws in violation face a $5,000 personal fine and could even be removed from office by the governor.

The new law is called the Penalties for Violating Firearms Preemption Law, the new statute forces the repeal of any and all regulations, policies, and ordinances that violate the firearms preemption law of 1987. We are already hearing that the passage is having an impact on town and county officials who are scrambling to come into compliance by the October 1 deadline.

The Orlando Sentinel reported on the changes now underway that:

"Orange County employees have started removing 'no firearms' signs at county parks, and soon they'll probably black out the same words on brochures. In Groveland, leaders recently erased from the books an ordinance that banned firing a gun into the air....in Boca Raton, the "no guns allowed" sign has come down at City Hall. In Lake County, commissioners recently deleted a provision in an ordinance that would have banned firearms on public lands, including its parks."

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" »

With the increased response and questions regarding Trusts for firearms and other NFA firearms, Gun Trust Lawyer® David Goldman will be working with FFLGuard and their Firearms Dealers and Manufactures to help educate Class III dealers of Title II firearms around the country and provide their employees and clients with NFA trusts specificially designed to deal with the unique issues of firearms ownership, possession, use, and transfer in more than 43 states.
A full press release on Mr. Goldman's participation in FFLGuard can be found at our website by clicking this hyperlink.

The Huffington Post is reporting the President Obama is abot to release a series of gun law reforms.

At Thursday's briefing, Carney stated that the process is underway and "stakeholders" on both sides are working though the complex issues. While recent gun control law has largley ignored NFA firearms, it is possible that these items will be included in attempts for future legislation.

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.

In Missouri, you have previously needed to be an FFL to purchase Title II firearms from a Class 3 dealer. This may change soon as a new bill which is proposed to be effective on 8/28/11 would remove the FFL restriction. This means, you could use a Gun Trust to purchase NFA firearms. To read the bill follow this link.

After a year off, AAC is holding the Silencer Shoot again in Crawfordsville Arkansas (just outside Memphis).

Gun Trust Lawyer® is helping to sponsor the event and raise money for this years charity. While the silencer shoot is not silent, it is a far cry from the noise at Knob Creek. We will be giving away trusts and look forward to meeting many of our new clients. For more information on the event check out AAC's Silencer Shoot 2011 event page.

Remember that even though you do not need a 5320.20 to travel with your silencer across state lines, we recommend getting approval to avoid the unnecessary detention of yourself or firearms while uninformed officers determine that you are rightfully and legally in possession of a silencer.

While it has been legal to purchase a silencer or suppressor for a firearm in Washington State, it has been illegal to use them.  That may change soon as a bill has passed the house and senate that allows for the use of a silencer if it is legally owned under the NFA.

While it is reported that the governor will probably not sign it, the bill is expected to become law by the failure to veto it within the alloted time under state law.

This will be good news for those who already own silencers in the State of Washington.  We will update you once it becomes legal to use them.  For more information on Title II firearms in the State of Washington contact a Gun Trust Lawyer®

The US Department of Justice today announced that

A man in Berlin, Connecticut, was sentenced to 101 months of imprisonment, followed by three years of supervised release, for illegally possessing machine guns, a sawed-off shotgun, silencers, grenades and improvised explosive devices or IEDs.

These items are controlled by the National Firearms Act and you must purchase them using a Form 4 or manufacture them with a Form 1 and pay the tax. If you are in possession of them, are using them, or sell them without complying with the requirements you can face prison sentences and fines.

A NFA Firearms Trust can help you protect yourself and your family from improper possession and other issues such as constructive possession. Contact a Gun Trust Lawyer® for more information on What a Gun Trust is and how you may benefit from one.

The 2011 edition contains over 90 changes from last year's edition including:
* 50 new sections detailing handgun carry in restaurants that serve alcohol
* New section detailing carry in Semi-tractor trailers
* Complete redraft of state pages making information even more "user friendly"
* Coverage of states that require permittees to inform police officers of permit status
* 14 states added over 50 other states to their reciprocity/recognition lists
* 3 states enacted laws allowing recognized permittees to carry in restaurants serving alcohol
* 3 states began allowing concealed carry by recognized permit holders in state parks
* 3 states liberalized their laws for vehicle carry of a handgun
* A third state now allows concealed carry without a permit
* 1 state redrafted its firearm laws to better serve gun owners
* 1 state became "shall issue" and recognizes all out-of-state permits
* 2 states enacted new self-defense civil immunity laws
* 2 states dropped 3 other states that were previously recognized from their lists
* 1 state added a preemption law for local regulation of concealed carry by recognized permits

To find out more or to purchase the 2011 book click here.

The ATF Study on the Importability of Certain Shotguns was published today.

Many of you have been following the supposed ban on imported Shotguns like the Saiga that was announced by the ATF during the Shot Show in Las Vegas last week. Instead ATF announced a study which may some a little extra time to purchase these firearms before a ban goes into place and states that

A change in ATF's position on practical shooting has potential implications for rifle and handgun classifications as well. Therefore, the working group believes that a more thorough and complete assessment is necessary before ATF can consider practical shooting as a generally recognized sporting purpose.

The items that ATF believes are not suitable for a sporting purpose are:

(1) Folding, telescoping, or collapsible stocks;
(2) bayonet lugs;
(3) flash suppressors;
(4) magazines over 5 rounds, or a drum magazine;
(5) grenade-launcher mounts;
(6) integrated rail systems (other than on top of the receiver or barrel);
(7) light enhancing devices;
(8) excessive weight (greater than 10 pounds for 12 gauge or smaller);
(9) excessive bulk (greater than 3 inches in width and/or greater than 4 inches in depth); (10) forward pistol grips or other protruding parts designed or used for gripping the shotgun with the shooter's extended hand.

Our determinations will in no way preclude the importation of true sporting shotguns. While it will certainly prevent the importation of certain shotguns, we believe that those shotguns containing the enumerated features cannot be fairly characterized as "sporting" shotguns under the statute. Therefore, it is the recommendation of the working group that shotguns with any of the characteristics or features listed above not be authorized for importation.

The report has some interesting charts and pictures. I noticed that in the Shotgun Stock Style Comparison, they show many firearms and name them, but the one they do not name is not a stock Saiga but has been modified as the trigger has been moved forward and a separate pistol grip has been added. It looks like the rumored ban on the Saiga's will happen so if you want one, you time may be limited.

What is unknown at this time is what or how ATF will treat those items that are already in the US. Since most shot guns have a bore size greater than 1/2 an inch we could see some devices classified as destructive devices. The ATF is asking for comments and I have included their information below. Please review the study and respond.

Update: Joshua Prince a Pennsylvania Gun Trust Lawyer® has also written a summary of the report that can be found here

Last week Taurus introduced the Raging Judge a 28 Gauge Revolver. There are conflicting reports as to if this item will be restricted under the NFA by the ATF and whether if restricted, Taurus will make the firearm available. Many are reporting that because the bore size is around a 55 caliber that it might be restricted as a Destructive Device or a SBS. Recently the ATF came out with a new classification of firearm called a smooth bore pistol grip firearm. I think if it ends up being restricted that the ATF will restrict it as an AOW because it is less than 26" and seems to fit the same category as the Serbu Super Shorty.

Currently this Suppressor is manufactured overseas, but KRISS is bringing the manufacturing to the United States so that it can be sold here. They have estimated the price at around $500 but final pricing will be set later this year.

Often much of the noise when using a suppressor comes from the slide movement. This suppressor can be adjusted so the slide will not move. It also has an 12 position indexing ring to correct for drift from a silencer. It is adjustable so that you can set it differently for each firearm.

The National Firearms Act Trade & Collectors Association (NFATCA) is the only organization that champions the interests of the entire NFA community. It doesn't matter if you are a collector, a dealer, manufacturer, importer or just an enthusiast. We take on the issues that no other organization would even consider.

If you own or are planning on owning NFA firearms you should consider joining this organization.