July 27, 2012

U.S Does Not Sign UN Arms Treaty

UPDATE FOX news is the first major network to confirm this story we began discussing over 8 hours ago.

unarms.jpegI received numerous emails about the UN Treaty not being approved. The Examiner and TheGunMag.com have also reported that It was announced this morning that the US will not sign the UN Arms Treaty in its current form. While it is possible that a modified treaty could be singed at a later time it appears that the intense public awareness of the restrictions on our Second Amendment rights has cause such outreach by firearms rights supporters that the Treaty will not be signed in its present form.

As of this afternoon, I am seeing no major media outlets reporting this fact and some even alluding that it will still be passed. Will it be passed or not? We will know if a few days. Below I have complied a few sources on the story and even read through the proposed treaty which I found to be very circular and while supporting gun rights of states, would appear to require states (countries) to pass laws that would not permit misdirection or misuse of firearms by others. How else can you do this other than to ban certain small arms.

Even if this issue fails to pass this week, I am certain that we will see this issue again.

Update GunMag.com is also reporting that Alan Gotlieb who is at the United Nations in NY said the government will not sign the document.

The Seattle Times is reporting that the U.N. Treaty is unlikely to curb U.S. gun Rights. If passed this article appears to be an effort to distract from the true nature of the Bill. A misleading article at best.

The UN has a history of pursuing disarmament including firearms owned by individuals. While the text appears to talk about gun rights, it talks about them in terms of the states rights or collective self-defense rights and not at the individual level as we have under the Second Amendment. The UN has described its efforts on their own website as wanting to advance the restrictions and availability of ownership of small arms by the individual and destruction of surplus state (government-owned) weapons.

The Preamble states "Underlining the need to prevent, combat and eradicate the illicit trade of conventional arms and to prevent their diversion to illegal and unauthorized end use, such as terrorism and organized crime."


The Principles
The inherent rights of all States to individual or collective self-defense;
(NOTE these are rights of the state and not the individual)

Goals and objectives include avoiding international trade in arms. While this treaty would apply to larger arms like ships, tanks, aircraft, it would also apply to small arms and light weapons.

Each country would be required to create a national control system (registry) and would prohibit the transfers what would violate the treaty, would be a violation if they the arms were eventually transferred to an inappropriate personal or country, or were used for genocide, crimes against humanity, war crimes...

The UN document is similar to many UN treaties and appears to be so circular in nature that while allowing legal uses and each state to make their own rules, seem to restrict the rules that can be made by agreeing that no states (country) rules would possibly allow for an illegal or improper use of the arms to be regulated.

Basically you can't own an AR15 because someone might sell one to a drug cartel that might do something wrong with the firearm. As such those firearms would not longer be permitted to be sold. This type of circular logic would have no end and surly end up eliminating all or most future firearms transactions.

If the treaty is signed what will happen? The treaty would go into force until the Senate voted to approve or deny the treaty. It would take 66% of the senators (67 Votes to Approve it). While this may be a problem, a Signed treat would be enforced until it was brought up for a vote. Some questions whether there would be enough senators to bring the treaty up on a vote.

Does anyone really think that laws keep criminals and terrorist from obtaining firearms?
To read a copy of the UN Treaty read the rest of this article.

Continue reading "U.S Does Not Sign UN Arms Treaty" »

July 25, 2012

Free NFA Gun Trust found to be invalid

atf-logo.jpgThis week I have received two trusts from potential clients who sent them in for review that were invalid. Even if ATF approved a Form 1 or Form 4 transfer to these trusts, anyone in possession of the TItle II firearms would be illegally in possession of them. Once person already had 3 items in their possession and 2 more on the way.

Both trusts claimed to be gun trusts but were obviously not intended for firearms much less those subject to the NFA and contained many of the traditional language found in a trust designed for managing financial assets.

While in some ways the language seemed to be slightly better than a Quicken trust (except for the fatal flaws that made them defective) they only briefly mentioned the NFA or guns in the trust and gave no guidance based on state or federal restrictions of firearms based on the geography of the transfer or the legal status of the people involved with the trust or whether the beneficiary was legally able to be in possession of the firearms based on the unknown circumstances of the future. While all of this may sound complicated, a real Gun Trust like one provided by a Gun Trust Lawyer® will deal with all of these issues and more.

Our trusts have been reviewed by hundreds of estate planning and firearms lawyers. If you have a "free gun trust", "Gun Store Trust" or trust that you are concerned may not protect your and your family, send it to us and we will review it and let you know what type of problems you may face. Normally we charge for reviewing other trusts, but for the next 30 days we will review them free of charge under the federal laws.

Some common things to be concerned about.
1) I got my trust off the internet
2) your trust references laws of another state
3) your trust is less than 15 pages
4) your trust did not come with a detailed manual on how to make purchases or who can use the items
5) your trust does not contain the Registered trademark Gun Trust Lawyer®

July 17, 2012

Sheriff will not sign Form 4's: Recommends using NFA Gun Trust

St.johns_sheriff.jpgRecently I was interviewed by Sheldon Gardner of the St. Augustine Record regarding an article about the sheriff deciding not to sign Form 4's for TItle II transfers: Want to buy a silencer, sawed-off shotgun or explosives? Sheriff will no longer help.

While sheriffs all over the country are refusing to provide the CLEO sign off required for individual ownership of Title II firearms using ATF Form 4's and ATF Form 1's, the St. Johns Sheriff is one of the few who does not appear to be trying to stop ownership. The Sheriff's office is recommending using a NFA Gun Trust. Sgt. Chuck Mulligan stated that "In no way shape or form is the sheriff stopping them or hindering them from buying these items."

As Gun Trust Lawyers®, we have provided many residents of St. Johns count and residents of almost every state Gun Trusts to help them protect their privacy, avoid the CLEO and fingerprint requirements, and help manage their NFA and regular firearms during their life and upon their passing. Many police officers in these areas have also used our NFA Gun Trusts to acquire Title II firearms for personal and work related use.

Many initially appeared outraged by the Sheriff's position but if you read the full quote it is clear they are recommending a gun trust. Below is the full Facebook posting:

The National Firearms Act (NFA) of 1936 has been the primary source of federal regulation for "class 3" weapons such as automatic firearms, silencers, short-barreled shotguns and explosives. While owning a firearm is a fundamental right for a United States citizen and is recognized by the 2nd Amendment of the United States Constitution, the Sheriff will only participate in the application process when a St. Johns County resident is applying for ownership of an automatic weapon. While the Sheriff has participated in this process in the past, he will no longer consider an application for silencers, short-barreled shotguns, explosives, etc.

Alternatively, a citizen may create what is commonly referred to as a "NFA Gun Trust" where the possession of prohibited NFA weapons (class 3) may be obtained. Although this is a legal instrument which must be properly drafted to be valid, there is no requirement for the Sheriff to participate in the application process. While the Sheriff's Office cannot offer or provide any advice on creating such a trust, I would invite you to utilize the many associations and/or lawyers that specialize in 2nd Amendment issues.


There are many advantages to using a NFA Gun Trust and the CLEO signature is one of the least significant. A property prepared trust should be designed to hold all of your firearms and deal with issues in different states as well as guide you on the proper way to purchase and use the firearms.

July 17, 2012

What is a NFA Trust or Gun Trust?

WHAT IS AN NFA GUN TRUST?

NFA firearms (also called NFA weapons) are certain guns and accessories regulated by the National Firearms Act. They are sometimes incorrectly called "Class 3 weapons." The confusion over the Class 3 terms is related to the licence that is required for a dealer to possess to sell Title II Firearms. NFA firearms include all fully automatic and select fire weapons, short-barreled rifles and shotguns and sound suppressors (silencers). NFA firearms include things that you might not expect.

Example: Remember the Hi-Standard .22 Derringer It is an ordinary "garden variety" pistol. Pair it with a wallet holster and it becomes an NFA weapon. Many collectibles, including pistols with detachable shoulder stocks, such as the Artillery Luger and the "Broomhandle" Mauser are also regulated by the National Firearms Act.

Suppose that your father brought home a "deactivated" machine gun from World War II? Even though these "Deactivated War Trophies" are welded up and are incapable of firing, they are still NFA weapons.

broom.jpg

You can lawfully own NFA firearms, as long as they are permitted under state law. You have to register them with the Bureau of Alcohol, Tobacco, Firearms and Explosives ("BATFE") and pay a $200 tax on each one. Unless you acquire them through a trust or other entity, you have to obtain the consent of your chief of police. If you create a special type of trust, no local approval is required. These trusts have other significant advantages as well.

An NFA Gun Trust, sometimes called a "Gun Trust" or a "Class 3 Trust" is a type of revocable trust that you create specifically to acquire NFA weapons and to hold your other firearms. It differs substantially from an "ordinary" revocable trust.

An NFA Gun Trust makes it easier and more private to transfer not only NFA firearms, but any guns, to your family members if you die or become disabled. Assets in a trust pass directly to your beneficiaries outside of the probate system. There is no public record of what you own.

An NFA Gun trust can be an irrevocable or revocable, but an "ordinary" estate planning trusts should not be used to acquire and hold NFA firearms. NFA trusts must have special provisions that deal with firearms.

Example: You want your twelve-year-old child to someday inherit your gun collection, including NFA weapons. An NFA trust provides a way to lawfully store them until your child is old enough to have them transferred to him or her.

We have lawyers in every state that we work with who have modified our trusts for your state's specific law. The local attorneys deal with state trust and firearms issues and we are here to support you with the federal issues and the NFA.

Our NFA trusts contain language which deals with unique provisions of each state's law. In addition to the Gun Trust documents, we provide you with detailed, plain English instructions showing you how to fund the trust, acquire NFA weapons as a trustee and administer the trust.

WHY DO I NEED AN NFA TRUST?

No Signature Required

In order for an individual to lawfully acquire an NFA weapon, his or her CLEO - police chief or first selectman must sign a form called a "BATFE Form 4." Many CLEO's are reluctant, or refuse, to sign the form either for political reasons or concern about potential liability. If your chief refuses to sign, and you do not have an NFA trust, you will not be allowed to purchase any NFA weapons.

Continue reading "What is a NFA Trust or Gun Trust?" »

July 14, 2012

Do I Need a Class 3 License to Buy a Silencer?

A Class 3 license is a license that a dealer obtains to sell Title II Firearms. Many individuals incorrectly confuse the terms Class 3 and Title II. We even see some lawyers making the same mistake. Class 3 SOT is a license to sell. Title II is classification of firearm that a Class 3 SOT may sell.

Title II firearms include silencers, short barrel rifles or shotguns, machine guns, AOWs and destructive devices.

So the answer is no! You do not need a Class 3 license to buy a silencer or other Title II firearm unless you are a dealer and wanting to purchase them for resale. If your documents do not use the correct terms, the people who wrote them may not understand the NFA, ATF and issues relating to the purchase, possession, transfer, and use of Title II firearms.

A real Gun Trust like one created by one of our Gun Trust Lawyers® can easily be recognized because it will be protected by our Trademarks and Copyrights.

July 12, 2012

Google's Anti Gun Policy

Recently Google Shopping updated its terms of service to not allow any of the following
Other prohibited categories

The following products are not allowed on Google Shopping:

  • Vehicles
  • Guns, ammunition and knives
  • Tobacco and cigarettes
  • Traffic devices (Learn more)
  • Products related to casino and gambling
  • Products or digital goods that require additional software installation in order to be purchased.
  • Products bundled with service plans. (Note: The only products that are allowed to be submitted with a service plan are mobile devices.)

The NSSF is reporting that
NSSF is attempting to reach Google to urge the company to reconsider this discriminatory policy that is hostile to the Second Amendment. We also plan to remind the company and emphasize that firearms cannot be purchased online and be transferred directly to the purchaser. A firearm that is purchased online must be physically sent from one federal firearms licensee to another, with the latter conducting the mandatory FBI background check on the purchaser (represented in person) and then transferring the firearm only after the purchaser has passed background check.

The company's new, anti-gun policy has rightly caused firearms owners to reconsider having Google be their search engine of choice. According to reports, the search engine Bing.com, for example, currently does not block firearms from appearing in shopping results.

Google's restrictive policy comes at a time when retailers and other online information resources have increased their content about firearms because of consumer demand. Fortunately, consumers have other online services to turn to instead of Google for their firearms information.

July 11, 2012

NO CLEO? Is e-filing Form 4's For Trusts in the Future?

Yesterday I read on Military Times that the American Silencer Association recently met with some unnamed people in congress and visited the ATF. Below is a video of their trip. Warning its a little long at over 7 minutes and has a lot of unnecessary footage of doorways, buildings and walking. You can skip to 1:25 if you want to see where the content starts.

Joshua Prince wrote a little review of the video on his Pennsylvania Gun Trust Blog where he noticed something that I missed. While many have been talking about the ATF removing the CLEO requirement it has not happened yet. While the CLEO removal would be nice, many would not understand the full benefits if there was not a CLEO requirement for individuals.

Joshua points out that the ASA also points out that since individuals also require fingerprints, and photographs unlike Gun Trusts that it might be possible to start eFiling Form 4 Submissions in the near future. (For those who do not want to watch the 7 minute video, skip to 3 minutes and 4 seconds )

I do not expect either to happen anytime soon, but you never know. If you are looking for a Gun Trust Lawyer® Contact Us or call our office to begin the process of creating a NFA Gun Trust or Gun Trust.

July 11, 2012

DEFIANCE® INTRODUCES THE HPS 4GSK CAL. 45 ACP HIGH PRECISION SILENCER FOR THE KRISS®

DEFIANCE_HPS_GSCK45ACP.jpg

I saw this several years ago at the SHOT Show and it looked very interesting. It looks like Defiance setup manufacturing in the US to be able to sell the silencer in the United States.

Nyon, Switzerland (July 2012) - DEFIANCE®, a manufacturer of optimized accessories for operators and professionals, announce the release of the first DEFIANCE® Suppressor designed for the use with the KRISS® Vector family of firearms and is compatible with all KRISS® SMG, SBR and SDP firearms (supports M16x1 LH threaded .45 ACP models).

The DEFIANCE® HPS 4GSK Cal. 45 ACP incorporates an internal baffle system consisting of two steel and three aluminum baffles strategically stacked to minimize sound
and maximize suppressor service life.

DEFIANCE_HPS_Vector.jpgConstructed of T6 aluminum with a Type III MIL-SPEC black hard-anodize coating and tool
steel with a QPQ coating at the threaded end, the DEFIANCE® HPS highly resists scratching and corrosion. The suppressor body and internal systems are all CNC machined from high-grade aluminum and steel alloys for long term durability and long-life reliability.

Available in .45 ACP, the DEFIANCE® HPS 4GSK weighs just over a pound at 1.1 lbs. (500 grams) and is 7.7 inches in length (197.5mm) and 1.79 inches in diameter (45.5mm).

About Kriss
KRISS® Arms, an innovative Swiss-based global group, delivers proprietary technologies to the firearms industry enabling more efficient solutions, corresponding to the 21st century requirements for the global law enforcement, military and civilian markets. KRISS is headquartered in Switzerland, with production and operations in Switzerland, as well as in Virginia Beach, Virginia, USA.

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 13, 2012

Alaska Man Charged for Illegal Silencer and Machine Gun Possession

Closing arguments are about to happen for a trial of three men in Alaska. Schaeffer Cox and two others are charged with, among other crimes, possessing and making an unregistered silencer and possessing an unregistered machine gun.

Defense attorneys will argue Wednesday that their clients acted in self-defense as they took up arms to protect Cox at public appearances, including an interview at North Pole television and radio station KJNP.

Defense attorneys also will claim Wednesday that their clients were entrapped by the government's primary informer on the case, militia member Gerald "J.R." Olson, who agreed to work undercover in exchange for consideration on another criminal case.

Defense attorney Tim Dooley asserts that Olson brought up the subject of illegal weapons, "finagled" the defendants into placing an order and brought in samples -- three .22-caliber handguns with silencers and hand grenades -- that Cox and Barney were examining when they were busted.

Unfortunately there is no intent required in violating the NFA and simple possession or constructive possession is all that is required to violate the law. In addition to most the federal laws, many state have enhanced penalties for use of NFA firearms in the commission of a crime.

The NFA defines a transfer to include loaning and is not the same as most of us would think of regarding the transfer of property. Jury deliberation is expected to begin later this week.

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®

June 5, 2012

ATF Indicted 15 Individuals for Possession and Transfer of Unregistered Firearms

Think the ATF or BATFE ignores possession and transfer of firearms, think again. Today the ATF announced that it arrested and charged 15 individuals who face between 10 and 70 years for many firearms related crimes including the unlawful manufacture of firearms and possession of an unregistered firearm.

11 of the 15 were arrested on Wednesday during a round-up. Remember that an improper transfer or possession of a NFA firearm or Title II firearm could result in severe penalties and criminal charges. These include up to 10 years in jail, a 250,000 penalty, and loss of your firearms.

Using a Professionally designed Gun Trust instead of a revocable trust or free trust that a dealer gives you can help protect you and your family from unfortunately events like this. Our Gun Trusts have been designed by Gun Trust Lawyers® to help with the ownership, possession, transfer, and use of Title II firearms.

One of the most common violations of the NFA deals with the purchase of the firearms. Many individuals do not understand the importance of having the Gun Trust make the purchase of any NFA firearms and not purchasing them individually. When permission is given for the transfer from the dealer to the trust, the purchase transaction should mirror the approval.

If you purchase a Silencer or other Title II firearms as an individual and then transfer it to a trust, there are 2 unapproved transfers: 1) the transfer from the dealer to you; and 2) the transfer from you to the trust. Neither of these has been approved and both are time bombs waiting to cause you and your family harm. Either of these makes your Title II firearm illegal and any future possession or transfer of such item even if approved by the ATF or BATFE does not make the firearm legal.

This is one of the many issues a properly drafted gun trust can help you with. We believe we have the most advanced and sophisticated gun trust on the market. We created the first true gun trust almost 5 years ago. Recently we have begun seeing more attempts to create gun trusts. Most are not more than traditional revocable trust with a few lines about firearms.

To be considered a Gun Trust, the trust should be written from the ground up to deal with firearms only firearms. A Gun Trust should be designed to deal with all of your firearms not just Title II firearms so that you get the same protections for all of your guns. If you are looking for a gun trust that will not only allow you to purchase Title II firearms with confidence but give you and your family the guidance and resources necessary to use and transfer the firearms.

If you have any questions about Gun Trusts, Contact Us to discuss your circumstances and objectives. We have a range of gun trusts designed to suit various needs.

June 1, 2012

Michigan (MI) What NFA Firearms can I own? Updated

Michigan NFA Class 3 firearmsThere are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

Michigan has several laws dealing with the registration, ownership, and possession of firearms that are changing in January 2009.   In Michigan you can own the following items that are regulated the the National Firearms Act:

Machine Guns
Silencers (as of late 2011)
Any Other Weapon (AOW)
Destructive Devices (DD)
Short Barreled Shotguns (SBS) *
Short Barreled Rifles (SBR) *

In Michigan you cannot own the following NFA restricted items.

Some AOW's like Tasers or Stun Guns by private citizens whether or not they are Title II ( Sold by a class 3 dealer) or the individual has a CCW permit. *SBR & SBS are restricted by the Michigan Compiled laws 750.224b(3) which limits these items to C&R, Collectors items not likely to be used as a weapon but only if the person selling, offering, or possessing the firearm also complies with the Michigan Compiled laws 28.422 (will be amended Jan 2009) and 28.429 ( will be repealed Jan 2009).

Follow this link to find out more about Michigan and NFA restrictions on Class 3 Firearms

Silencers status updated 2012

May 31, 2012

ATF Forms, Examples and Notes

We get many questions about filling out ATF forms with trusts. Here is a summary of the common forms that need to be filled out along with instructions on how to fill them out properly.

While most trusts do not have EIN numbers, the proper way of filling out the documents is to include your social security number as that is your TAX ID number. At this time, ATF does not seem to care whether you leave it blank, put N/A, or include your Tax ID number or an alternate EIN number. This may change.

Many people feel that they should not have to pay an additional tax stamp to transfer from themselves to their trust. using your SS number on both would seem to indicate that there is not a taxable transfer. The problem is one of economics. Generally no one wants to fight over the $200 tax stamp. Even if you have 10 or 20 NFA firearms, the cost of raising this issue would be far more than paying the tax.

We have complied pages on
How to fill out an ATF form 4 (5320.4)
How to fill out an ATF form 1 (5320.1)
How to fill out an ATF form 20 (5320.20)
How to fill out an ATF Certificate of Compliance for a Trust (5330.20)

Remember that there are different types of trusts. Most trusts even are not appropriate for the ownership of firearms as they generally tend to instruct people to break the law. These forms and examples are for the use of those who are using a trust which has been licensed by a Gun Trust Lawyer®. These instructions work with the Base, Professional, and Multi Generational Asset Protection versions of the Gun Trusts and while they may be appropriate for other trusts, we cannot give advise on them without reviewing them.