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January 31, 2014

Nolo Says Don't Create A Gun Trust With Their Products

Today I ran across an entry on Nolo's website addressing the appropriateness of using their living trust software to make a Gun Trust. Thousands of people and many gun dealers have prepared gun trusts using Nolo's software. The problem is the software was never designed for Gun Trusts and their trust may cause legal problems for their family and friends.

Nolo states:

Can I use a Nolo living trust to make a gun trust?

No. If you want to create a gun trust, get personalized legal advice from an expert on gun laws. Nolo living trusts are designed for the people who simply want to pass on their assets while avoiding probate. Gun trusts are complicated because they:

-- may need to last for more than one generation
-- may have multiple trustees, and
-- must address both state and federal weapons laws.

Nolo's living trusts do not address these issues, and so you should not use Nolo living trusts to transfer weapons. If you want to make a gun trust, get help from a lawyer who has plenty of experience with these trusts and state and federal weapons laws.

While Nolo's webpage does not address many of the issues to use a real Gun Trust, they have finally addressed the issue clearly. NO you should not use Nolo's software to create a Gun Trust. We have been telling people this for years and now Nolo has addressed the issue to help people avoid the problems that using their product could create. If you have, we can help you modify your trust into a proper Gun Trust with the help of a Gun Trust Lawyer® licensed in your state.

January 23, 2014

ESTATE PLANNING FOR GUN OWNERS

Keeping Your Personal Representative or Executor Out of Jail

If you own firearms, you should reevaluate the trustees, successor trustees and beneficiaries in any estate planning documents. It is important to avoid people who are prohibited people from owning or being in possession of firearms and ammunition.

Many people do not even know that they may be a prohibited person. There is not an easy way to determine if someone named in your documents is a prohibited person or not without asking them a bunch of questions. In addition, certain items you may own may be illegal in some states and even if the person is not prohibited, it may be a crime for them to take these items to a location where they are prohibited.

If you own any firearms, you need to be careful to avoid potentially serious problems with your family and friends.

Under Federal Law the mere possession of any type of firearm or ammunition by a "prohibited person" is a crime. There is no exception for Executors, Personal Representatives, or Trustees. Upon accepting his or her appointment, an Executor, Personal Representative, or Trustee may become a criminal. The Federal Statutes contain a long list of things that make someone a prohibited person including: conviction in any court of a crime punishable by more than a year in prison; being an unlawful drug user (even if legal in the state); having been discharged from the Armed Forces under dishonorable conditions and having been convicted of a misdemeanor where the charge was one involving domestic violence.

NFA Firearms are sold by Class 3 SOT dealers and include machine guns, short-barreled rifles and shotguns, Suppressors, AOWs and certain other items are subject to the National Firearms Act. Even deactivated war trophies can still be under the NFA. The mere possession of these items by anyone not having the appropriate documentation (not just convicted criminals) is a federal crime. Ignorance of the law is not a defense.

Without proper authorization and documentation to be in possession of these items makes them contraband and is a crime. In many states possession of regular "Assault Weapons" is a crime and can subject you to criminal prosecution.

If you own firearms, it is important to review your estate planning documents with a Gun Trust Lawyer® to help ensure that they are dealt with properly in the event of your death or disability. Many traditional trusts or wills instruct your family and friends to take actions that are illegal when it comes to the possession and transfer of firearms.

November 27, 2013

Cyber Monday Gun Trust Specials Save up to 30%

For those of you who have been thinking about purchasing a Gun Trust we are offering specials on the Base, Advanced, and Professional Gun Trusts.

The Base Gun Trust which you create yourself online and does not come with legal support retails for $349 and has been on sale before for as low as $199 but you can purchase a prepaid code for only $149.

The Advanced Gun Trust is designed for the person who wants a Gun Trust created and customized by an attorney for their specific family circumstances and desires. The Advanced Gun Trust provides the ability to communicate with an attorney regarding federal and state specific issues without any additional costs. Because your specific situation is considered when creating this trust, the Advanced and Professional versions of the Gun Trust can help minimize the potential effects of future legislative and or tax changes that may be associated with transfers during you life and after your death. The Advanced Gun Trust is a revocable trust and very easy to change. Use of this Gun Trust will require a transfer of the firearms at some point after your death. The local attorney's fees and telephone and email support are included in this Gun Trust and the normal price on this trust is between $600 and $750 depending on the state you live in. You can purcahse the Advanced Trust today for the special price of $495

The Professional Gun Trust is our most sophisticated Gun Trust. It is a multi generational, asset protection gun trust that can remain the owner of your firearms forever. This Gun Trust allows future generations to manage and use the firearms without subjecting them to future ATF transfer taxes or claims of creditors. With the current bills before congress many people are concerned about being able to allow their children or beneficiaries to receive the firearms they own. This trust includes the ArmsGuard™ Protector which allows the trust to be changed in the future to deal with future legislative changes that may attempt to restrict rights or the way the Professional Gun Trust works. If laws change next week or 300 years from now, an ArmsGuard™ Protector can be appointed and modify the terms to continue to try and achieve your goals to the extent possible.

The Professional Gun Trust is normally $2500 but you can purchase it today for the special price of $1699. These prices are only available using your credit card or paypal with the buy it now button below. Simply select the trust you want and click the Buy Now Button.




Gun Trust options




September 8, 2013

Gun Trust, LE Advanced SBR, and Engraving Special

IMI SBR Right Side.jpg

If you have been thinking of buying an SBR, now is the time to do it before the ATF changes the CLEO requirements. On Monday September 9th ATF will be publishing proposed changes to the CLEO requirements for Gun Trusts and changes are expected after the expiration of the 90 day comment period.

I have personally purchased one of these guns and am awaiting approval from the ATF.

This special is good while supplies last. Currently there are 1500 units in stock and ready to ship.

This is an incredible deal on a SBR for our Clients. This gun uses IMI Parts ( Israel Military Industries). The IMI parts are M16 Nickel Baron bolt carrier group, Flip up gas block sight with quick deployment points on both sides, 7 1/4 polymer quad rail with QD attachment on the bottom front, MilSpec trigger parts group, Buffer Tube with 6 position stops, buffer, and buffer spring. This SBR is manufactured by GPI in Jacksonville using the GPI 7075 Precision ambi marked lower receiver. Bullet pictograms with save, semi, and auto, black type 3 anodize matching precision 7075 A3 flat top upper, also type 3 anodized.

Standard Features also include:

  • GPI QD stock place - picture below
  • Billet winter trigger guard
  • 11.5 inch 1/9 twist, 4150 CMV match barrel with 1/2 x 28 standard threads.
  • A2 Flash hider

Riffle comes complete with 1 IMI 30 round Battle Magazine, This bundle include engraving of your Trust Name meeting ATF requirements, the $999 Price include a Base Gun Trust, and Form 4 for those who pick up from GPI in Jacksonville or Form 3 to your local dealer included.

$899 for Package for our existing gun trust clients or
$999 including a Base Gun Trust which can be upgraded to our Advanced or Professional Trust.

Up to 10 additional IMI battle Magazines can be purchased for $12 each with each firearm.

LE price on this gun without ATF paperwork, engraving, or Gun Trust is $1375
Retail price with everything is $1795

Place your order by sending and email to sales@gpigun.com or calling (904) 425-2791.

Click the link below for additional images

Continue reading "Gun Trust, LE Advanced SBR, and Engraving Special" »

August 5, 2013

Common Gun Trust and Free Gun Trust Mistakes

A NFA Trust or Gun Trust is a type of revocable living trust that is created for the main purpose of possessing Title II firearms. In our review of many so-called Gun Trusts we have seen that most do not properly address firearms ownership, transfer and possession. (If you have a gun trust you would like reviewed, just let us know and we woudl be happy to review it under the federal laws for free) Many are regular trusts and many only have a few firearms related terms. If almost every provision in your trust does not deal with firearms, it is not a real Gun Trust from a Gun Trust Lawyer®.

A Gun Trust is a NFA Trust that is appropriate for regular firearms as well as Title II firearms (those sold by Class 3 SOT FFLs). Often times, people who wish to purchase Title II firearms with a trust choose to hire an attorney who has not studied and does not fully understand the NFA and estate planning. As a result, many so called NFA Trusts or Gun Trusts other than those provided by a Gun Trust Lawyer® do not comply with the Gun Control act of 1968, the National Firearms Act and other local and state specific gun laws. These trusts often contain several defects or mistakes and may lead to illegal possession or transfer of Title I and Title II firearms.

Mistake #1: Omitted Necessary Provisions

A generic revocable trust often times does not contain necessary provisions that are necessary for the possession of Title I or Title II firearms. A real Gun Trust should mention several provisions, including but not limited to: National Firearms Act (NFA), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF or BATFE), ATF Form 1, Form 4, Form 5320.20, Title II firearms, prohibited persons, etc. An experienced Gun Trust Lawyer® will insert and define these terms into a Gun Trust to meet important requirements that are unique to Gun Trusts.

Mistake #2: Failure to include required provisions or execute the Gun Trust properly

Each state has its own requirements to create a valid Trust. While this is a Gun Trust it will have to be executed with the formalities required for type of trust that is used. Many states have signing requirements and these can differ depending on if the trust is revocable or irrevocable. In addition, it may be difficult for the ATF to recognize the trust as valid if one moves or the trust is attempted to be used from different states in the future. It is important to create the trust with the requirements necessary for ATF approval in each state to prevent problems in the future.

Mistake #3: The Trustee or Beneficiary is a Prohibited Person

Under the NFA, a "prohibited person" cannot own or possess any firearms. Thus, it is important that a valid Gun Trust not only mentions prohibited persons but also defines them so that future managers of the trust can easily identify illegal transfers. Your Gun Trust should make it impossible to appoint a prohibited person as a Trustee and properly deal with a beneficiary who is or later becomes a prohibited person so that you do not put your family or friends at risk or criminal prosecution. In addition, the state where the beneficiary lives at the time of your death, which is unknown at this time, must be dealt with to prevent firearms from being sent to a state where they are not legal.

Mistake #4: Title II Firearms Have Not Been Properly Transferred to the Gun Trust

A Gun Trust cannot legally own a firearm unless it is legally transferred into the trust. Simply signing a trust agreement does not transfer ownership of a firearm to a trust. A firearm must be transferred from the current owner, to the Gun Trust, according to applicable state and federal law. Opening a bank account in the name of the Gun Trust, and purchasing Title II firearms with the trust's funds (by using a check or debit card from the Gun Trust's checking account) is a simple way to ensure that the trust, and not you, owns the firearm(s). Your gun trust should be able to deal with the ability for you to purchase the firearms with personal funds and properly document the purchase so that invalid transfers do not take place. Our Gun Trusts come with the forms and instructions to help you properly purchase and transfer firearms to your Gun Trust. You should never use your own personal funds to purchase Title II firearms without proper documentation that it was done on behalf of you as Trustee of the Gun Trust as this can lead to the illegal possession of the firearms by co-trustees of the Gun Trust.

Mistake #5: The Gun Trust Allows a Beneficiary to Possess Title II Firearms

The majority of revocable living trusts or so called Gun Trusts allow beneficiaries and or other people to use, possess, and receive distributions of trust assets. A properly drafted Gun Trust prohibits a person who is a mere beneficiary from using or possessing a Title II Firearm. Only trustees or legally eligible authorized users under the terms of a Gun Trust have the legal right to use and possess Title II firearms owned by the trust.

The ATF changes the rules and interpretation of the NFA all the time. It is important to use a Gun Trust Lawyer® who keeps up with the changes and will not charge you every time you have a call or question regarding how to use your trust properly. Gun Trust Lawyers® will answer questions this week, next month, or next year about your trust free of charge. The unlimited support is include with your legally supported Gun Trust so you do not have to worry about future legal charges for questions or the next time ATF changes their procedure.

We have created over 5000 Gun Trusts for clients all over the country and work with lawyers in each state to have state specific issues dealt with. Today with families being located in multiple states and not knowing where your beneficiaries will live when you die, it is more important than ever to have your Gun Trust deal with multi state issues correctly. To find out more about Gun Trusts request information using our contact us form on this page or call us to begin the process.

December 24, 2012

An Overview of NFA Gun Trusts? What is a Gun Trust

Many of you have asked your estate-planning lawyer about Gun Trusts and have not been able to find anyone who knows about them. This is not hard to believe because other than some materials I have produced or talked to others about there is no text book on gun trusts.

We work with lawyers in every state to help them prepare gun trusts for clients in their state while providing them a resource for the knowledge and information necessary to understand the ownership, transfer and possession of firearms.

In 2006, I recognized the need to create a Trust for NFA and regular firearms. It was at that time, that I created the Gun Trust. A Gun Trust is based on the traditional concepts of estate planning. Traditional trusts deal with all types of assets that are primarily financially based, but a Gun Trust only deals with firearms. They are not meant to circumvent federal or state laws, as many would have you believe. Trusts were clearly contemplated as owners of firearms by the National Firearms Act. The National Firearms Act (NFA), requires a tax to be paid to own, possess or transfer guns such as machine guns, short barreled rifles and shotguns, silencers or sound suppressors, and AOWs. They are referred to as Title 2 firearms because they are regulated under Title 2 of the 1968 Gun Control Act. Normal firearms are regulated under Title I of the Gun Control Act. Many people mistakenly call them Class 3 weapons, but Class 3 refers to a license or Special Occupational Tax (SOT) that a FFL must obtain prior to buying or selling Title II Firearms.

History of the National Firearms Act

The NFA was passed in 1934 in response to the criminal activity of the time. It imposed a $200 tax on certain firearms thought to be contributing to the growing crime problem. In an effort to discourage possession of these types of firearms, individuals were required to register them with the government and pay a tax of $200. Once this tax was paid, the owner would receive a Tax Stamp for the $200 that would have to be kept with the firearm to identify the owner, who could be in possession, and in what state the firearm could be located. Later the NFA was amended to further restrict certain items called Any Other Weapons ( an "AOW"). The tax to purchase an AOW was only $5 but to build one the tax was the same $200 as with other Title II firearms.

The NFA was designed to have strict requirements and carries stiff penalties for violations. Only an individual, business entity, or trust may own a Title II firearm in the civilian community. In addition, only the owner or their representative may be in possession of that firearm. Illegal possession, transfer, or ownership of a Title II firearm carries a prison sentence of up to 10 years, a fine of up to $250,000, loss of the firearms, and loss of the vessel (vehicle, or home) that the illegal firearms were contained. The NFA defines possession to include loaning so it is important to understand the concept of constructive possession and why individual ownership poses many risks to the average family. Many people mistakenly believe it is ok to let someone else use their Title II firearm if they are close buy, inside a closed fence, hand is on their left solder, or can see them. Even if these were permitted, imagine bringing a silencer home from a gunsmith or range. While you are on the phone your spouse grab your keys to go shopping. Surely you would not believe that this was permitted transfer or possession of a Title II firearm without pre-approval and paying the Tax. A Gun Trust can help protect and manage Title II firearms from these common issues.

ATF Requirements

Title 2 firearms must be registered with the ATF through application process. Whether you are purchasing a Firearm from a dealer with a Class 3 SOT or building your own Title II firearms, you must first go pay and obtain approval from the ATF to have it transferred or to build the firearm. For an individual the ATF requires that you fill out the appropriate form, affix a two-by-two inch photograph of yourself along with fingerprints, and have the application signed by your local chief law enforcement officer (the "CLEO") In addition you must include the tax fee which is typically $200 for each Title II firearm. Once the application is approved the person or entity who submitted the application will receive notice and the firearm may then be created or transferred. The approval time may take anywhere from three to six months.

The NFA Gun Trust

NFA gun trusts have become popular in recent years as an alternative to individual registration because of the flexibility they offer after the firearm is purchase as well as not requiring the photos, fingerprints, or CLEO signature. The Gun Trust can allow other managers or trustees of the trust to uses the firearms. State law controls the formalities of creating a trust and while in some cases lesser formalities may be required, it is recommended that you comply with the formalities other states to simplify the process and authorization in the case that you or others involved with the trust do not live in the same state where the trust was created. There are basically four types of people or entities that are involved with a Gun Trust: grantor/settlor, trustee, successor trustee and beneficiary.

The grantor or settlor is the person who creates the Gun Trust to manage who and how and when others will have access to or can use firearms within the Trust. A Trustee will submit the application to ATF but instead of registering the firearm in their name, he or she will list the Gun Trust as the owner. Trustees are also the individuals who will hold the trust property for one set of people during the grantor's life and the beneficiaries after the death of the grantor. Trustees may legally possess NFA weapons in the trust even though they are not listed on the application. In most cases a Trustee should be at least 18 years old (federal law prohibits anyone under 18 buying NFA firearms, and anyone under 21 from purchasing NFA firearms from a FFL with a Class 3 SOT) and not be otherwise prohibited from possessing firearms. A well drafted Gun Trust Lawyer® can craft provisions to allow for minor children to use the firearms with adult supervision. The beneficiary is the individual who receives the trust property upon the occurrence of a defined event that is often the death of the grantor. A well-drafted gun trust will deal with the many issues that arise in the event that one of the beneficiaries is a minor child, immature, or a prohibited person at the time the grantor dies.

Advantages of a Gun Trust

Gun Trusts should be very flexible. While most are established as a revocable trusts there are many advantages to using an irrevocable trust that are not available to a Gun Trust that is revocable. While many irrevocable trust have significant disadvantages, it is possible to intentionally violate tax code and remove the disadvantages. This type of trust is called an intentionally defective irrevocable trust.

Another advantage is that a Gun Trust does not require the Fingerprints, photographs, and CLEO approval. Not only can this speed up the process, but it also is more private.

While business entities have some of the same benefits as a Trust, they often involve yearly expenses, formalities, and are not designed to deal with ownership, transfer, possession, and use of firearms like a Gun Trust.

While many Gun Trusts are not designed to protect your firearms for generations or from creditors of yourself or your family, there is a Professional version of the Gun Trust that is designed to do both. If you are concerned about giving children and future family members that ability to use firearms if it should become illegal to transfer these firearms later or what to protect your guns from creditors, you should ask about the Multi-Generational Asset Protection Gun Trust.

Top 12 signs that you may not have a real gun trust.

1) You were told to put only NFA firearms in your trust
2) Your Trust talks about real estate, stocks, your house, and guardians of children
3) Your trust instructs others to break the law if you become incapacitated or die.
4) Your trust allows You to dissolve your trust without any prior actions
5) Co-Trustees are listed right in your trust document
6) Your Trust uses a Schedule A
7) Your Trust requires the sale of your firearms to pay you income if I become incapacitated.
8) Your trust does not specifically allow for the purchase of firearms in the powers
9) You trust does not mention guns, the NFA, Title II, Prohibited Persons, or uses incorrect terms like Class 3 firearms.
10) Your trust did not come with an extensive manual and how to section describing almost everything you could possibly think of.
11) You were told the Gun Trust was designed to circumvent laws.
12) Your trust does not contain a Copyright by Gun Trust Lawyer® David M. Goldman

For more information on whether a NFA Gun Trust or Gun Trust makes sense for your circumstances, use the contact form on this page to receive more information on Gun Trusts.

December 23, 2012

Protecting your Firearms for Generations

How can a Gun Trust protect my guns for my children and other family members?

Recently we have had many inquires as to how a Gun Trust can be used to protect firearms from future or currently pending legislation. First let me say that while no previous gun law has taken away the current owners rights, there is no guarantee that a future law would not attempt to do so. In other words, no one can guarantee you what will happen in the future. If we look at the firearms restrictions that have been imposed on US citizens over the last 200 years we see that all legislation has been designed to restrict future purchases and transfers of firearms and even attempts to totally ban firearms have allowed those who already possess them to keep their guns.

All of our Gun Trusts are designed to own regular and NFA firearms including the so-called "Assault Weapons". Our lower end trusts are based on revocable trusts that will end at sometime after the death of the person who creates it. We do have a Professional gun trust which is designed to offer both asset protection and multi generational ownership of the firearms.

Historically a trust can only have a limited lifetime which is controlled by state law. The Rule Against perpetuity is a limiting factor that dates back to England and attempts to restrict the ability to control from the grave. The modern trend in the United State has been to increase the length of time you can control and in some states the restrictions have been abolished.

For example in Texas a trust can last 90 years after the death of the last person named in the trust dies, in Florida a trust can last 360 years, Arizona 500 years, Colorado 1000 years. In some states like Alaska, Idaho, New Jersey, Missouri, Pennsylvania, Kentucky, and South Dakota trusts can last forever.

The good news is that even if you do not live in one of the states that has expanded or abolished the Rule Against perpetuity, our Professional Gun Trust allows for you to elect to change the rules of your trust to follow another state at the time you create it or a later time. This means your Professional Gun Trust will be the owner of all of your firearms forever and children, grandchildren and beyond will be the authorized users of the firearms.

The Asset Protection Gun Trust is designed for the firearms owner or collector that is concerned about liability from their profession or personal life that may cause the loss of the firearms. In addition this Gun Trust can be structured for multi-generational use so that your kids, grandchildren, and future generations can use the same trust and have the same protections. The Multi-Generational Asset Protection Gun Trust uses Asset Protection techniques that can protect the firearms and other assets in the trust from your creditors as well as the creditors of your beneficiaries. Because of the complexity and cost involved with this trust, it has historically only made sense for those with $20K in firearms or where the individual desires for the trust to exist for future generations.

This Gun Trust is not designed for everyone. If you have a larger gun collection or keeping them in an asset protection vehicle so that future family members can use them is important than this Professional Version of our Gun Trust may be right for you and your family.

For those of you just looking for a good Gun Trust for NFA firearms and regular firearms without legal support you may check out the online form version. This Gun Trust comes with great instructions and a users copyrighted users guide. It is also designed for all of your firearms but at a lower price because it does not come with legal support. It can be found at GunTrust.com

While the prices and protections vary by state, here are some of the more significant differences in the trusts we offer with legal support that would be customized by a Gun Trust Lawyer® who is licensed in your state:

Feature AdvancedProfessional
Price $600-$750$2500-3000
Created by Gun Trust Lawyer®YesYes
Customized for you by LawyersYesYes
Ability to act without othersYesYes
Special Veto PowersYesYes
Protect Guns For Children
Grandchildren and beyond
NoYes
Asset Protection - Protects guns from:
- Your creditorsNoYes
- Your beneficiaries creditorsSomeYes
- Lawsuits Against YouNoYes
- BankruptcyNoYes
- DivorceNoYes (if spouse signs waiver)
- Disqualifying you from
GovernmentBenefits
NoYes

Ability to change beneficiaries

YesYes

Authorized Users (included)

15Unlimited
No EIN or Separate TaxesYesYes
Multiple BeneficiariesYesYes
Charitable Gifts to NRAYesYes
Multi State UsersYesYes
Multi State UseYesYes
Multiple OwnersYes
Multiple Trustee LevelsNoYes
Good for all FirearmsYesYes
Form to Add TrusteesNoIncluded
Form to Remove TrusteesNoIncluded
Form to change StatesNoIncluded
Form to allow for self
expiring Trustee
NoIncluded

Asset Protection does not protect from fraudulent conveyance or fraudulent transfers. Divorce and Bankruptcy protections vary by state. All protections are not available in all cases and how a trust is structured will determine the protections available. The Professional version of the Gun Trust does not permit you to change the beneficiary to yourself.

If you are interested in a Professional Gun Trust to own and protect your firearms for generations as well as protecting them from your creditors and those of your beneficiaries, Contact Us to create one before the laws change and you may not be able to transfer your firearms into a Gun Trust.

If you already have a Gun Trust, it can be upgraded to the Professional Gun Trust your previous investment will not be lost. We are currently reducing the price by what you previously paid to any Gun Trust Lawyer®.

November 15, 2012

When is a Gun Trust not a Gun Trust?

Recently we have begun to see many "Gun Trusts" that are nothing more than a traditional revocable trust with a few provisions that mention firearms or NFA firearms. As the creator of the NFA Gun Trust, we feel that we are entitled to define what is and what is not a Gun Trust. Here are a few of the more common issues we see with regular or other so-called "Gun Trusts":


  • A gun trust should be a document which deals with regular as well as NFA firearms.

  • It should not contain language that instructs people to violate the law if they follow the instructions contained in the trust and should not allow for someone who is a prohibited person to become or remain an authorized user of the firearms.

  • It should deal with incapacity and death in a manner designed for firearms.

  • A real Gun Trust or NFA Gun Trust should be designed to protect individuals, their families and their friends from issues of constructive possession and guide them on the legal ways to purchase, use, transfer, and distribute all firearms.

  • In addition, a Gun Trust should not require the sale of firearms to pay income should you become incapacitated - unless necessary.


Perhaps the best way to see if you have a real "Gun Trust" or not is to look for the "Gun Trust Lawyer®" registered trademark or that it was copyrighted by David Goldman. If you have a gun trust that does not contain these markings, and you would like it reviewed free of charge for compliance with federal issues, Contact Us and we would be happy to review the document with you.

July 6, 2012

NFA Gun Trust for all Firearms or Not?

We often get asked if one should put all of their firearms in a Gun Trust or not? Like most legal questions the answer is usually "it depends". All of our Gun Trusts are designed to hold all of your firearms and any real gun trust should be designed for all of your firearms.

With that being said we have seen many documents marketed as gun trusts or NFA gun trusts that are not really designed for NFA much less any firearm. Some which appear to be designed for firearms strictly limit the property or assets that they can hold to NFA firearms.

This is a mistake and any trust you use to hold firearms should be designed to hold all types of firearms, ammunition, and other firearms related items like scopes or optics.

If you think about it, the same decision-making process goes into the determination of whether a beneficiary ( example spouse, child, parent, friend) is appropriate for the gift of a Glock as a Machine gun or silencer.

It is not enough to vaguely mention firearms, guns or the NFA in the trust but every provision should be re-written to deal with firearms and not other types of property like a home, stock account, or car. You will not cause someone to break the law if you give them a bank account, but might do so with a gun.

Things to look for in a Gun Trust Lawyer®:

1) do they own guns and support 2A activities and rights?
2) Do they use the right terms and language? Someone who talks about Class 3 firearms or whose documents refer to them does not understand enough about the NFA to know the difference between the licences required to sell Title II firearms and the items that can be sold.
3) Are they primarily interested in selling you other legal services and using the concept of a gun trust to create a contact or sell other services?
4) Do they have support behind them?
5) Will your trust be valid if you move to another state?
6) Does you trust support authorized users in other states?
7) Can you Gun Trust be upgraded to provide multi generational and or asset protect without loss of your initial investment?
8) How much experience with Gun Trusts do they have?
9) Do they have both Criminal Law lawyers and estate planning lawyers who are familiar with the NFA and ATF?
10) Do they include unlimited support for the life of your involvement with the Gun Trust at no additional charge?
11) Do they have a comprehensive manual that covers all aspects of NFA firearms ownership, transfer, possession at no additional charge?
12) Do they write regularly on the NFA, changes with the ATF, and common issues that arise with the use, transfer, purchase, and possession of TItle II firearms?

Our network of Gun Trust Lawyers® does all of the above and you can tell if you are purchasing a Gun Trust from a lawyer we work with or whom has licensed our trusts by checking for our copyright on the trust you receive.

If you would like to know more about what a real Gun Trust Is? or What are the Benefits of a Gun Trust? Contact Us by using the form on this page, or by calling us.

We have over 200 lawyers in 43 states that we have worked with to create over 5000 Gun Trusts since we created the first trust gun trust. If you would like help contacting a Gun Trust Lawyer in your state, call or email us. Please note that the process is generally stated in our office as the federal issues are more complex than the minor state specific issues. Our support comes with both help on the state specific issues relating to trusts and firearms and the federal issues relating to the NFA and other firearms ownership transfer and possession.

June 21, 2012

Gun Trust Lawyer® Client Feedback

We often get requests for referrals and while we keep the information on our clients confidential we recently had a client send us and email which they gave us permission to publish. Andrew originally purchase a trust from a local attorney because of a recommendation based upon price and it was not until months later that he found out about gun trusts and how a gun trust is very different from a regular trust.

Often times people will ask me, "How much money should I spend on a gun for self-defense?". I usually respond by asking, "How much is your life worth?". The implication is that one would typically want a good insurance policy if they are insuring something of great value & should not cut corners in an effort to save a few bucks. I should have applied the same principle to setting up my NFA Gun Trust.

I initially went with another law firm to draft my Trust because the price was very cheap & because the lawyer represented a known SOT/Class 3 dealer. The first Trust that was drafted for me was nothing more than a standard Trust. It was 3 pages long including the cover sheet & did not mention the NFA, ATF, Form 1, Form 4, Form 5, Form 20 or even that the items to be held by the Trust should not be accessible to "prohibited persons" or minors. I e-mailed Mr. Goldman of Law Office of David M. Goldman PLLC to inquire about having a true NFA Gun Trust drafted.

I received an e-mail that explained the differences between the Trust they offer & most other standard Trusts. The main thing that convinced me I should have gone with Law Office of David M. Goldman PLLC first was the following: "Most trusts name a "Successor Trustee" but provide no guidance on how to handle NFA firearms. In fact, most trusts instruct others to violate the law and place themselves, your family, and your beneficiaries in jeopardy of criminal prosecution and confiscation of the firearms.". This is because even with a Trust, the beneficiary must submit an ATF Form 5320.20.

After speaking with Mr. Goldman via telephone to provide him with some information, I received my NFA Trust within 4 days. I received an e-mail from a local attorney which included my NFA Trust in a PDF file. I quickly used the search feature in Adobe to search for the term "NFA". I was so relieved that not only was the NFA mentioned, it was mentioned 24 times in the 19 pages of the Trust itself. After I began reading the things it covered & explained, I felt a huge relief. It is so well written that I know I do not have to worry about my beneficiaries understanding what to do in the event of my passing. I simply had to print, sign & notarize it to execute it.

I could not be happier. Law Office of David M. Goldman PLLC has been very easy to speak with about the few things I needed answers to & the included instructions cover most of the things one needs to know to stay within the confines of the law. If you are reading this, stop thinking about which law firm to use. It is of the utmost importance to have a properly drafted NFA Gun Trust for the purpose of acquiring & manufacturing NFA items. After reading how my NFA Trust deals with the complexity of NFA laws, I quickly realized how many people have done themselves a disservice by using a computer program or uneducated law firm to draft their Trust for Title II items.

I even mentioned this to the local attorney who sent my Trust to me & he had this to say: "I know what you mean. I used to sell exactly the kind of trust you are talking about. I am so happy to be able to provide a higher quality of service nowadays."

Thank you Law Office of David M. Goldman PLLC. I now know who to recommend to anyone with a serious interest in NFA firearms.

Sincerely, Andrew C.


If you are looking to create a Gun Trust and want a Gun Trust Lawyer® to help create a customized Gun Trust or Multi-Generational Asset Protection Gun Trust Contact Us.

June 8, 2012

Firearms Law and Gun Trust Lawyer® CLE

texascle.jpgMany Lawyers are asking about Gun Trust CLE, I have been working with the Texas Bar on their Firearms Law Seminar. We will be providing some information on Gun Trusts which will be available soon. Attached is the seminar brochure. If you are in Texas they will be covering many topics related to dealing with firearms in the practice of law.

Course Highlights:


  • Firearms Trusts / Gun Trusts - David M. Goldman

  • The Right to Bear Arms in the Post Heller/McDonald World - Stephen Halbrook

  • Self-Defense: Recent Changes to the "Stand Your Ground" Legislation - Massad Ayoob

  • Prohibited Persons and Restoration of Firearms Rights - Stefan Tahmassebi

  • Every Bullet Downrange Has a Lawyer Attached - Ed McConnell

  • Class III SOT - Obtaining and Keeping a Federal Firearms License

  • Concealed Handgun Licenses: How to Get Them and What They Mean

  • Avoiding Malpractice and Ethics Violations in Firearms Matters

  • Self Defense - Recent Changes to "Stand Your Ground" Legislation"

  • Criminal Defense as It Relates to Gun Cases

live
San Antonio
September 28, 2012
La Quinta Convention Center
303 Blum
San Antonio, TX 78205
(210) 222-9181
Register by September 14, 2012 and save $50!


If you want to find out about offering Gun Trusts to your clients Contact Us for more information on how to provide your clients the original Gun Trust created by the Gun Trust Lawyer®

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.

April 19, 2012

Law Review Article on Gun Trust and its Benefits

Jessica B. Jackson has written a Law Review article in the Estate Planning and Community Property Law Journal titled "GET YOUR GUNS UP!... OR AT LEAST GET THEM IN A GUN TRUST!"

The article discusses the Second Amendment and what the right to possess a firearm really means. She then goes on to define general trust principles, the functions of a trust, and the rule against perpetuity. The history and evolution of gun legislation and the Gun Trust, its method and purpose. Problems of using generic trusts with the NFA and concludes with a call to arms to Put your Title II weapons in a Trust.

While we have been saying this for years and it is the reason we created the original Gun Trust it is nice to see others in the legal community begin to recognize the difference and purpose in firearms trusts. Our trust are now designed for all firearms and not just NFA firearms.

February 20, 2012

North Carolina Gun Trust Lawyer and Firearms Permits

Pistol_Permit_Application.jpgSome of our clients in North Carolina regularly ask about pistol permits and trusts. In response to this, we asked a North Carolina Gun Trust Lawyer ® to explain how the North Carolina Pistol Permit (Click for a Sample Permit) works and what is prohibited. Here is his response:

North Carolina G.S. Section 14-402 requires that any person obtaining a pistol by purchase or other transfer must first get a permit from the sheriff in his county of residence. The sheriff conducts a criminal background check to make sure the receipt of the pistol would not violate state or federal law. Trustees of NFA trusts are not exempt from this requirement, so for any handguns transferred to or purchased by a gun trust a permit must first be obtained. Section 14-403 states that a permit shall be issued to "any person, firm or corporation," which is broad enough to cover trustees. Thus, if the trustee passes the background check, there shouldn't be a problem in getting the permit.

§ 14‑402. Sale of certain weapons without permit forbidden. (a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.


Once of the benefits of working with a Gun Trust Lawyer® is that should you move from one state to another, you can make any changes to your Gun Trust that are necessary to keep you in compliance with both state and federal laws. Similar situations occur if an authorized user is located in another state or relocates after the trust is created or funded.

February 9, 2012

Is it necessary to have a FFL to purchase Title II Firearms or so called Class III Firearms?

NO. While a FFL with a Class III SOT is licensed to purchase and sell TItle II firearms, you as an individual, through a Gun Trust - Available at Gun Trust Lawyers®, or as a business entity do not have to have a FFL(in most states). In the past some states like Missouri required a FFL or C&R license to purchase Title II firearms. Late last year Missouri changed the law and a FFL is not required. We are not aware of any other states that current have this requirement.

The Gun Trust is a specific trust created by David Goldman in 2008 and is only available through Gun Trust Lawyers®. While others may use the words Gun Trust, unless it contains out copyright, it is not our trust. To make sure your documents cover all of the NFA issues, check to see if they are copyrighted by David Goldman. If you would like to find out about becoming a Gun Trust Lawyer® please Contact Us.

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