May 3, 2012

Can I Ship a SBR or SBS by US Mail?

Short answer - Individuals or Trustees cannot, Dealers can.
The reason you can ship a riffle or shotgun by the United States Postal Service but not a Short-Barreled Rifle or Short-Barreled Shotgun is because of how Pistols are defined by the USPS.

The USPS defines a SBR or SBS as a Pistol and not a Riffle and as such does not permit them to be shipped by individuals or Trustees of Gun Trusts. See below

431.2 Handgun

Pistols, revolvers, and other firearms capable of being concealed on the person (for example, short-barreled shotguns and short-barreled rifles) are defined as handguns. The following definitions apply:


  1. Pistol or Revolver. A pistol or revolver is a handgun designed to be fired by the use of a single hand.

  2. Short-Barreled Rifle. A rifle having one or more barrels less than 16 inches long is defined as a short-barreled rifle. This includes any weapon made from a rifle (by alteration or modification) resulting in an overall length of less than 26 inches.

  3. Short-Barreled Shotgun. A shotgun having one or more barrels less than 18 inches long is defined as a short-barreled shotgun. This includes any weapon made from a shotgun (by alteration or modification) resulting in an overall length of less than 26 inches.

For more details on this see the Mailability page of the USPS website.

May 3, 2012

How Do I Ship NFA FIrearms to An Out of State Trustee

Recently one of our Gun Trust Lawyer® Clients asked us:

What are the shipping requirements for items in my NFA trust for Trustees in different states? The items are legal in both states and the personnel involved can legally possess the items. I also understand the commercial carrier and USPS shipping restrictions (at least think I do). As there is no transfer of ownership, must the items be transported with a FFL?

Our Trust allows one Trustee to ship to another Co-Trustee who is located in a different state a NFA Firearm that is an asset of the Gun Trust with the advanced approval from the ATF by using an ATF Form 5320.20. There is no requirement to use a FFL as the owner is not changing. The Gun Trust will be the owner of the firearm prior to and after the shipment.

May 2, 2012

Top 10 Questions & Answers from ATF

ATF receives numerous telephone and electronic inquiries on a daily basis. In an effort to provide individuals with the most up-to-date information, ATF has compiled a list of the top 10 most frequently asked questions and provided answers to those questions. Several of the questions deal with the manufacture, sale, use, and transfer of firearms subject to the NFA.

  1. Can a person prohibited by law from possessing a firearm acquire and use a black powder muzzle-loading firearm?
  2. May I lawfully transfer a firearm to a friend who resides in a different State?
  3. May I lawfully transfer a firearm to a resident of the same State in which I reside?
  4. How do I register my firearm or remove my name from a firearms registration?
  5. Does ATF issue a Concealed Carry Permit (CCP) that authorizes a person to carry a firearm throughout the United States?
  6. May I lawfully ship a firearm to myself in a different State?
  7. May I lawfully ship a firearm directly to an out-of-State licensee, or must I have a licensee in my State ship it to him? May the licensee return the firearm to me, even if the shipment is across State lines?
  8. I have been convicted of a felony. How do I reinstate my rights to possess a firearm?
  9. May I lawfully make a firearm for my own personal use, provided it is not being made for resale?
  10. I was the subject of a NICS check when I attempted to purchase a firearm from a FFL, and I received a delayed response or a denial. Please tell me why I did not receive a "proceed" response.

Please Download this document to review the answers to the Top 10 ATF questions Top 10 Frequently Asked Firearms Questions and Answers

NOTE: THE DOCUMENT BELOW ONLY DEALS WITH FEDERAL LAW AND YOU NEED TO LOOK AT YOUR STATE LAW TO SEE IF THERE ARE ADDITIONAL RESTRICTIONS- For example some states do not permit permit prohibited person to possess antique firearms even though it is permitted under Federal law

May 1, 2012

A New Breed of Gun Trusts - Protecting Firearms Collectors & Their Collections

Red-Wagon-of-Guns.jpgAmmoLand has posted an article on Gun Trusts which has a good explanation of Gun Trust and why traditional estate planning is not appropriate for firearms collectors or owners. It also goes into some details on how a gun trust works, benefits of a gun trust, and how asset protection for your firearms can be accomplished. (This concept of this article was prepared by my office)

April 30, 2012

Can I Add a Stock or a Folding Stock to a Pistol?

pistolstock.jpgWhile it is legal to add a Stock or a Folding Stock to a pistol, doing so will create a SBR which must be engraved and approved using an ATF Form 1 prior to doing so. In fact, having a stock and a pistol in close proximity with the present ability to configure it as an SBR could be constructive possession of an SBR. If you are planning on doing building an SBR, you should keep the stock in a separate location so that you are not charged with possession of an SBR without a valid tax stamp and approval to do so.
While SBRs are legal in many states, they are not legal in all states and you should check to see if possession or manufacturing a SBR is legal in your state.

April 27, 2012

Texas Gun Trust Specials at Silencer Shoot in Dallas this Weekend

silencershoot_header.png
Please come join us and the other Sponsors of the Silencer are Legal Shoot by Silencerco.

Saturday, April 28, 2012, 9:00 am - 6:00 pm
10751 Luna Road | Dallas, TX 75220
972-556-0164
www.elmfork.com

Visit this website to Create your own Gun Trust online
Tickets are $12


You will have the chance to win Silencers and other firearms from many manufactures. Gun Trusts from us and many other items. For those attending the Shoot, the local Texas Gun Trust Lawyer will be offering discounts on Texas Gun Trust Forms, Advanced Texas Gun Trusts, and the new Professional Gun Trust which provides Asset Protection for your firearms.

Testing products from many vendors, including silencer manufacturers
and firearms manufacturers.Vendor booths selling state-of-the-art firearms and accessories. Ammo vendors on site to make sure your guns are fed all day long. Food and drinks available all day to ensure you have the energy to shoot. Raffles for a chance to win awesome products.

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 20, 2012

Modernizing your M16: Starting With a Pre 86 Transferable Machine Gun

A few weeks ago I purchased a fully transferable M16. Many of our clients have asked me to post some pictures of what this gun is being built into. Almost every replaceable part has been upgraded to the latest modern version while still keeping it legally transferable as a Pre 86 Machine Gun.

One of the first things we did was to replace the stock with a high-tech anti recoil Israeli Stock.
M16stock.jpg


Next build a modern upper with a Side charger much like you would see on a AK47 so that you do not have to take your eye off the scope to load a bullet.


M16SAR.jpg

Then we build a 10.5 " 556 Upper and a 9.5 Inch 300 Blackout Upper.  Until my suppressors arrive we added what appears to be a flame thrower.  Better not stand to close to the end of this barrel or you might get burned.  Actually its suppose to help with rise by allowing gas to be directed from the left and right.  I do not think this will be necessary with the 300 Blackout but on the 556 it help with the natural rise you find in firing a machine gun.

M16-rise.jpg
Then to top everything off we added a holographic scope and a 4x optic that can be flipped out of the way.  So here is a picture of it in a completed form.  Now all I need is the ATF to return my Form 4 so I can take it home.

M16.jpg I would like to thank Lee at GPI Custom Gunworks for building his version of a perfect transferable M16. 


April 19, 2012

Moving or Traveling to North Carolina With NFA Firearms

We were recently contacted by someone who wanted to move their NFA firearms to NC from another state. After filling out the Form 20, they received a rejection notice stating that the form needed to state the following in block 5 to be in compliance with NC state requirements.

Block 5 should contain "In accordance with NC general statute 14-288.8 & 14-409"

So if you are planning on traveling to NC or moving there, it appears that you will need this language before the ATF will approve the permission to move or travel.

April 19, 2012

Moving or Traveling to North Carolina With NFA Firearms

We were recently contacted by someone who wanted to move their NFA firearms to NC from another state. After filling out the Form 20, they received a rejection notice stating that the form needed to state the following in block 5 to be in compliance with NC state requirements.

Block 5 should contain "In accordance with NC general statute 14-288.8 & 14-409"

So if you are planning on traveling to NC or moving there, it appears that you will need this language before the ATF will approve the permission to move or travel.

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.

April 11, 2012

What if I Move Before ATF Approves My Form 4 or Form 1

If you move within the same state there is generally not an issue other than being inconvenienced in returning to the gun store to pick up your item when the tax stamp is processed.

If you are moving to another state there are different situations. This discussion will talk about tax stamps involving a Gun Trust and not individual ownership.

1) if you move to a state where the item is not legal, a Gun Trust will not allow you to take that item across state lines.

2) If you move to a state where it is legal, you may not have the proper credentials to complete the purchase and pick up the item in the previous state. Many items require that you be a current resident of the state to make the purchase. If you are buying one of these items, and have a co-trustee who is not moving, they may be able to pickup the item for you.

3) If you do not have a co-trustee who will be able to pick up the item, you should contact the ATF at 304-616-4500, provide the serial number on your Form 4 and explain the situation to them. In some cases they have been known to permit a dealer to dealer transfer and a substitution of Form 4's but you should not count on this. Generally in such a case, you might have to cancel the transfer and start over again after it is properly transferred to a Class 3 dealer in your new state of residence.

4) Some items do not require you to be a resident so you may still be able to complete the transaction.

When you are ready to move the items to your new state, you will have to submit an ATF Form 5320.20 to update the registry with your new address. This process typically takes 2 weeks and it is the same form you would use to travel across state lines and return.

April 9, 2012

Free Amendment to add the NRA as a Beneficiary of Your Gun Trust

With the NRA Convention starting this week, April 12-15th, Gun Trust Lawyer® is happy to announce that any previous client who has had a Gun Trust drafted by us or one of our lawyers can receive a free amendment to allow them to add one of the NRA Endowments to their trust as an outright or contingent beneficiary.

As we have previously announced our new Gun Trusts all come with provisions that allow you to choose if and what you would like to leave to the NRA Endowment Fund of your choice. This amendment or addition to the standard trust allows you to leave any percentage of your trust assets to the NRA before making other beneficiary designations, any percentage of your trust assets to the NRA Endowment Fund of your choice if your beneficiaries do not survive the creators of the trust, or a list of specific items that you want to go to the NRA Charity of your choice.

This will make it easier for our clients to bring their Gun Trusts into compliance with their overall charitable giving goals.

March 27, 2012

Can I Purchase a Machine Gun with a Gun Trust?

Yes, you can purchase a machine gun with a Gun Trust but you cannot purchase a new machine gun. (As long as it is purchase in a state where they are permitted) You may be wondering what the difference between and old machine gun and a new machine gun. As of May 1986 individuals, Trusts, and business entities can only purchase machine guns that were made and registered as transferable prior to May 19th of 1986.

A new M-16 can be purchased for $1200-1500, but can only be purchased by police or military, while a legally transferable pre 1986 Machine gun will cost you 10 times that amount.

So for those of you who are looking at a Gun Trust as a way to purchase an inexpensive machine gun, forget it. Not only is a machine gun expensive to buy, but its more expensive to feed. Many shoot 600-900 rounds per minute and the typical magazine will last a second or two.

March 26, 2012

is your Gun Trust Upgradable? Which Gun Trust is Right for Me?

Many of us understand how addicting firearms are. When we purchased our first silencer, we had no idea how many we would eventually purchase and how quickly the value of our firearms collection would grow. As the average firearms collection of our clients has grown, we have come our with additional versions of our Gun Trusts for our clients. Because of our commitment to our clients and the firearms owners, we have allowed everyone to maintain their initial investment in their gun trust. The Gun Trusts Lawyers® that we work with will allow you to trade in your original Gun Trust for full credit towards our Asset Protection Gun Trust.

All of our Gun Trusts are designed for NFA firearms as well as regular firearms. As you know, many of the same issues in determining if your beneficiaries will be appropriate to receive your firearms after you die are the same for Title I or Title II firearms. When looking at the value of your firearms collection, be sure to consider the value of your entire collection. To help you decide which trust is appropriate we have put together some basic guidelines.

If you have less than $25,000 in firearms, the basic Gun Trust is probably the right choice. If you have between $25,000 and $50,000 in firearms you should consider the Asset Protection Gun Trust and if your collection is over $50,000 you should be using the Asset Protection Gun Trust.

If you would like to discuss upgrading your trust to take full advantage of the Asset Protection Gun Trust, contact a Gun Trust Lawyer® to discuss your specific situation.