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.

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.