NFA Gun Trust Lawyer Blog

Some 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.

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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This historic Tommy Gun is believed to have been owned and used by the outlaws Clyde Barrow and Bonnie Parker. The seller's great-grandfather, who was in law enforcement at the time, was given the gun by another peace officer who had seized the weapon after a raid on the pair in Joplin, Missouri in April of 1933.

Just months previous to the raid, Bonnie & Clyde kidnapped a police officer by the name of Thomas Persell. Persell recounted the events of the abduction for the Springfield Daily News and the Joplin Globe, mentioning each time the "Tommy Gun" Mrs. Parker proudly held.

The raid occurred at the height of the duo's crime rampage that cut a wide swath across middle American during the Great Depression. The raid did not produce any arrests. The two had a knack for being one step ahead of law enforcement, but it did yield a cache of weapons, plus a camera. The guns have been in the family of Mark Lairmore and his sisters, the sellers, from Springfield, MO., ever since the unknown Depression-era police officer gave them to their great-grandfather.

Mr. Melton Lairmore, Mark Lairmore's father, registered the Thompson Sub-machine Gun under the name of Lairmore Armored Car Inc. in 1968 inaccordance with the Gun Control Act of 1968.

In a photo available on our website, Melton Lairmore, operator of an armored car service in Springfield, presents two guns taken from the car of famed 1930's gangsters Bonnie Parker and Clyde Barrow to Springfield Police Chief Gordon Loveland.

Lairmore loaned the .45 Thompson sub-machine gun and the 12-guage Winchester shotgun to police for use in displays during Crime Prevention Month and in the future police museum in the old city jail.

The weapons were displayed in the Springfield Missouri Police Museum, also known as The Calaboose, from 1973 until 2011

To see the current price or try to buy it, Here is the link to the auction.

Today the ATF announced that a Laredo man was sentenced to 10 years for the illegal possession of a firearm. It is important to understand who can and who cannot own, possess, or use firearms whether they are Title I or Title II firearms. Just because you might not consider a silencer a firearm, its possession is limited in the same way a regular pistol is. While there is not official duty to ask if someone is prohibited, its wise to do so because not only is the possession of an item subject to the NFA regulated, but the transfer (handing it to them or allowing them to have access to it) is also regulated and could subject each of you to 10 years in jail and up to a $250,000 penalty per occurence.

Our NFA Gun Trusts ( the basic and the new asset protection firearms trust) both allow the people involved with your trust to understand who is prohibited and who is not. Often people do not even know that they have lost their firearms rights and it is important to have them understand when they are a prohibited person as well as allow you to know whether a family member or friend is prohibited now and in the future.

If you would like to discuss asset protection for your firearms or creating a gun trust to own your firearms including Title II firearms, we would be happy to help you find a local Gun Trust Lawyer to create a trust for you.

12 Laws of Christmas - Day 4 Gun Trust $100 off

Interested in a Gun Trust or one of our new Asset Protection Gun Trusts? This special is for today only. If you contact us by email or telephone today, we will knock $100 off the price of your Gun Trust. To learn more about what a Gun Trust is visit the Gun Trust Lawyer® Blog If you contact us after hours on Dec

The Apple Law Firm has decided to do 12 great specials for our new and existing clients.

If you want to be the first to find out about the special offers by the Apple Law Firm for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.

New Gun Trust Provides Asset Protection for Firearms Collectors and ther Families.

Until now, the answer has been that a gun trust does not provide any asset protection for firearms. Today we are announcing a new form of Gun Trust for the Gun Collector that does provide asset protection from creditors of the creator as well as the beneficiaries. This trust has many of the same benefits of our normal Gun Trust and we can even convert your previous gun trust to a new asset protection gun trust.

This trust is not designed for everyone but should be considered if you have a substantial firearms collection.

American Hunter Magazine, received by more than a million subscribers, recently had an article on the benefits of suppressors in relation to hearing. The NRAILA has posted an online version of the has an article on their website. The article discusses the unfair portrayals by hollywood to show silencers as tools of criminals and assassins. In reality thousands of law-abiding citizens use silencers to protect themselves from the harmful effects of the sound produced by guns. Not only do silencers not make guns silent but they rarely are used by criminals. In Europe suppressors are actively encouraged. They are called "moderators" and are just a nother accessory for firearms that are widely available and encouraged. Today only 11 states prohibit the possession of silencers while purchasing them in many of the states where they are permitted can be difficult or impossible unless one chooses to use a Gun Trust Lawyer® to form a NFA Trust or a business entity. Even in areas where local sheriffs routinely approve the purchase of silencers there may be significant unforseen benefits in the use of a Gun Trust. These can include:

1. Additional co-owners;
2. Additional authorized users;
3. Protection from constructive possession;
4. Protection of the firearms from loss of firearms rights;
5. Estate Planning and transfer upon death issues related to guns; and
6. Privacy.

There are many other benefits that can apply depending on your particular circumstances. If you would like to know how a Gun Trust could benefit you, you should discuss your situation and desires with a Gun Trust Lawyer®.

We are often asked about traveling to another state with NFA firearms. If you own property in multiple states like Texas and Colorado or regularly travel between Texas and Colorado with NFA Firearms, you can do so, but should and in some cases must obtain prior authorization from the ATF to take these firearms over state lines.

Note:Texas and Colorado are just used as an example of two places that you may regularly travel to and from. A Texas Gun Trust prepared by a Texas Gun Trust Lawyer® would be valid in Colorado and a Colorado Gun Trust prepared by a Colorado Gun Trust Lawyer® would be valid in Texas

There is no charge to obtain the authorization for interstate travel from the ATF. Your Gun Trust should have specific instructions on how to do this and if it does not you may want to have your gun trust reviewed by an attorney to see if it is a gun trust or just a generic revocable trust. Many so-called "Gun Trusts" and those provided by gun stores, found in the internet, created by software, or even some from lawyers, actually provide instructions to break the law. If you gun trust mentions stocks, property, homes, or other non-firearms related items, it may be a clue that you have a generic trust.

It is possible to amend and restate a generic trust with a Gun Trust from a Gun Trust Lawyer® so that your family and friends can understand what their duties and responsibilities are in the event of your death or incapacity. If you would like your trust reviewed under the NFA for these types of issues, please contact us.

We are often asked about the advantages of a Gun Trust by one of our Gun Trust Lawyers® over a LLC. I have compile a quick list of the most common advantages.

1. no federal or state tax or reporting requirements with a trust


2. no annual fees with a trust


3. with a trust you can easy, quick, and inexpensive to change who can use or have access to the firearms


4. privacy with a trust is not available with a LLC in most states


5. if the LLC is administratively dissolved, the items become illegal and fixing the LLC does not make them legal again under the NFA


6. a trust deals with incapacity and death for succession planning


7. a trust can be changed quickly (the same day) to fix problem with prohibited persons


8. your zoning may not allow for a business to be operated at your home.


9. easy to modify if you move or change states, LLC's often require to be registered in each state and additional yearly fees may be due.


10. some people want to use existing business to purchase NFA firearms, this can cause your business and livelihood to be at risk if someone uses the firearms incorrectly or allows others to have possession or use them.

If you would like to discuss the creation of a NFA trust for the purchase of silencer, SBR, SBS, AOW, or a machine gun contact us to begin the process. We work with over 150 Gun Trust Lawyers® in more than 43 states.

With the growing list of states that have some type of legalized marijuana use, it is important not to transfer a firearm to anyone who is a user of marijuana or medical marijuana (which are both illegal under federal laws). Chris Chiafullo at FFLGuard has an interesting article on how transferring a firearm to someone you believe is an unlawful user of marijuana (even if it is legal in your state) is an improper transfer and could subject you and the person who receives the firearm to criminal penalties.

If you have a Gun Trust, you should also be cautious about having a co-trustee that uses medical marijuana as it could create liability for you and the other people involved with your trust. If you have a trustee in one of the following states, you may want to check on their medical marijuana usage: Alaska, Arizona, California, Colorado, Delaware the District of Columbia, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon,Vermont, Rhode Island, and Washington have legalized the medical use of marijuana in some form or fashion.

Gun Trust Lawyer®, David Goldman is a counsel of FFLGuard and provides information and legal advise regarding Class III issues. For more information on FFLGuard or to join FFLGuard call 1-888-FFL-GRD1 or visit FFLGuard.com

I recent read a very well written article by a Washington Lawyer regarding liability for the gun store and potential ethical violations for an attorney who works with a gun store in regards to providing Trust Forms. Many state bars have gone after Trust Mills in the past for very similar issues and there is case law all over the country concerning these issues. If you know a gun store that is providing Trusts to their clients, you may want to send them a copy of this article and suggest that they check out the liability and legality of their actions.

As a potential purchaser of a NFA firearm with a Trust, you might read the article from the viewpoint of the potential liability to the gun store. This will give you an independant perspective on what could go wrong if you use a generic trust to purchase NFA firearms.

Download the article UPL by Gun Shops.pdf

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 NFATCA had an article about a revision to NC Law that will put to rest the controversy over the use of Trusts and also apparently drop the Machine Gun Permit for residents of the state of North Carolina North Carolina HB650 was signed into law on June 23rd, 2011 and will become effective on December 1st 2011

H650 [Ratified] Page 5

SECTION 8. G.S. 14-288.8(b) reads as rewritten:

"(b) This section does not apply to:to any of the following:

(1) Persons exempted from the provisions of G.S. 14-269 with respect to any activities lawfully engaged in while carrying out their duties.

(2) Importers, manufacturers, dealers, and collectors of firearms, ammunition, or destructive devices validly licensed under the laws of the United States or the State of North Carolina, while lawfully engaged in activities authorized under their licenses.

(3) Persons under contract with the United States, the State of North Carolina, or any agency of either government, with respect to any activities lawfully engaged in under their contracts.

(4) Inventors, designers, ordnance consultants and researchers, chemists, physicists, and other persons lawfully engaged in pursuits designed to enlarge knowledge or to facilitate the creation, development, or manufacture of weapons of mass death and destruction intended for use in a manner consistent with the laws of the United States and the State of North Carolina.

(5) Persons who lawfully possess or own a weapon as defined in subsection (c) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871.

Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon."

SECTION 9. G.S. 14-409(b) reads as rewritten:

"(b) It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons as defined by subsection (a) of this section: Provided, however, that this subsection shall not apply to the following:

Banks, merchants, and recognized business establishments for use in their respective places of business, who shall first apply to and receive from the sheriff of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business;

officers and soldiers of the United States Army, when in discharge of their official duties, officers and soldiers of the militia when called into actual service, officers of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties;

the manufacture, use or possession of such weapons for scientific or experimental purposes when such manufacture, use or possession is lawful under federal laws and the weapon is registered with a federal agency, and when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located;

a person who lawfully possesses or owns a weapon as defined by subsection (a) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801‑5871. Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.

Provided, further, that any bona fide resident of this State who now owns a machine gun used in former wars, as a relic or souvenir, may retain and keep same as his or her property without violating the provisions of this section upon his reporting said ownership to the sheriff of the county in which said person lives."

If you are looking to Get a Machine Gun in North Carolina, you will have to wait until December 1, 2011 unless your Sheriff will issue you a permit.  For those who feel that current NC statutes do not permit the use of Trusts, you can starting using them on December 1, 2011.  Our North Carolina Gun Trust Lawyer® has seen no provision in the old law which does not permit a Trust to own or purchase NFA firearms and has been providing them for several years without any rejections by the ATF.  If you would like help creating a Gun Trust in North Carolina, contact us and we can give you more information on the process.

Besides dealing with the issues of physically moving the firearms across state lines, which is covered in our Memorandum that comes with the trust in the section entitled What is necessary if I want to take the firearms across state lines or change the location where they are stored?, we are often asked about the effect of moving states on the Gun Trust itself.

Generally moving from one state to another will not require any changes to the trust with the exception of the state of Maine (only if you want to make additional Title II purchases). A validly created Trust in one state, is valid in another state if you move. Depending on the language in the trust, the rules that it references may change or not. Generally our trusts will still reference the original state's laws once you move. This can be changed if you desire but is typically not necessary.

More importantly the ATF looks at the minimum requirements for a valid trust in the state in which it is being used. Our trusts meet the minimum requirements of any state where the items are legal.

The ATF does not understand the concept of a trust being created in one state and used in another state. If you only had a settlors signature and then moved to a state like Florida where two witnesses were required, the ATF would not recognize your trust as valid. Our Copyrighted Gun Trust will be recognized as valid for purchases of additional NFA Firearms in any state where the purchase of those firearms is legal except Maine, which has a strange gun law which requires that a trust be formed in that state to be an eligible purchaser of firearms.

So unless you move to Maine, there is nothing that needs to be done with a trust prepared by a Gun Trust Lawyer® to be used in another state. If the laws of a state change and you need an amendment for some reason or just would like to change your trust to be under the laws of your the new state you live in, we do offer very reasonably priced amendments to change the jurisdiction and language in the trust.

An exception to the above might involve a custom amendment that is created to allow for the minimum requirements under your state laws. This is typically done for dealers who want to rent Title II firearms and easily add and remove trustees on a daily basis.

We have a new version of our NFA Brochure available to download and review. if you are interested in finding out more about NFA Trusts download the new NFA_Gun_Trust_brochure.pdf.

We would appreciate any feedback on the document.