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.

May 31, 2012

U.S. Reverses Stance on Treaty to Regulate Firearms

Reuters is reporting that the U.S would back launching talks on a treaty to regulate arms sales.

The U.S. State Department released a statement that overturns the position of former President George W. Bush's administration which opposed such a treaty.

Secretary of State Hillary Clinton said the United States would support the talks.

The U.S. lobbying group the National Rifle Association has opposed the treaty as it could limit our gun rights and the ability to purchase or own firearms in the future.

Fears of restricted gun rights have created a huge increase in firearms sales over the past few years and there does not seem to be any indication that the sales will slow anytime soon.

May 30, 2012

Buying a Silencer with a Gun Trust

We often get questions dealing with the purchase of silencers in other states. You or a co-trustee must be a resident of the state in which you want to purchase the silencer. For example if you are a resident of a state that does not permit the ownership of silencers like New York, California, or New Jersey it is possible to purchase silencers in other states where they are legal. Unfortunately if you are a resident of a state where they are not legal will not be able to complete the transaction. If you have a co-trustee who is a resident of a state where they are legal the silencer can be purchased in that state by that co-trustee.

While it is permissible to add co-trustees in other states there should be a legitimate reason to add them and they should not be added to facilitate the purchase as this would be considered a straw purchase and would be illegal.

Often people add adult relatives or friend who they will be shooting with, or who they want to have access to the firearms to a trust as a co-trustee. This would be a legitimate reason to add someone and would not create a straw purchase issue. On the other hand if you were to add someone to the trust simply to allow you to make the purchase, it could be considered a straw purchase.

If you have questions about this you should contact you Gun Trust Lawyer® to discuss your specific circumstances and proposed course of action. Our Gun Trusts come with a guide that explains this in detail and what is and is not permitted under the federal laws that deal with these issues.

May 22, 2012

Bank of America Reveals Anti-Gun Policy, Drops Gun Manufacturer

boa.pngBank of America Reveals Anti-Gun Policy, Drops Gun Manufacturer McMillan Group International.

It appears from statements made to McMillan that the decision to not do business with firearms manufactures is politically motivated. If you have an account at BOA you may consider letting them know of your reaction to their decision.

May 16, 2012

Texas Legalizes Hunting with Silencers starting September 1 2012

With Dove season just around the corner, Texas is becoming one of the growing list of states that allows the use of silencers when hunting.

A silencer is a Title II Firearms which is restricted by the National Firearms Act and can only be sold by dealers who have a Class 3 SOT license. (They can also be purchased second-hand from individuals using the same ATF Form 4). Because of their classification they require a $200 Tax stamp and approval from the ATF or BATFE before you can take possession of them.

Other states including Texas have previously allowed the use of silencers when shooting varmint but not on game. While the law was passed in March, Texas hunters have been patiently awaiting September 1st to legally use silencers while hunting.

You will still need to apply and receive a state permit from the Texas Parks and Wildlife to hunt for alligators, game animals or game birds with a silencer.

When your ready to begin hunting with a silencer in Texas, you should contact a Texas Gun Trust Lawyer ® to discuss setting up a Gun Trust. Gun Trust when properly created can help protect you and your family from violations of the NFA and add additional flexibility that is not available for individual owners.

Gun Trust Lawyer® works with lawyers in more than 40 states including Texas to offer legally supported trusts as well as a do it yourself Gun Trusts Forms.

Note: While a Gun Trust is a type of Revocable Trust, a Traditional Trust is not appropriate for the ownership, or disposition of firearms including NFA Firearms.

May 10, 2012

JFPO and Alan Korwin White Paper : Why Jews Hate Guns

Jews have been assaulted, accosted, and oppressed by nearly every nation and empire in history, including the ancient Greeks, Romans, Persians, Byzantines, Ottomans and of course modern nations like Germany and the USSR.

With a history like this, you would think that Jewish people would be pro self-defense and pro firearms. While many are very pro firearms there are also many who are very much against firearms. This paper Why Jews Hate Guns helps explain many of the issues related to firearms rights.
This White Paper was written by Rabbi Dovid Bendory of JFPO and Alan Korwin of GunLaws.com.

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.