Several Atlanta residents were recently sentenced to serve time after being convicted on varying federal firearms and narcotic related charges, according to information received from agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). These sentences are a result of an ATF initiated undercover operation, called ATL Blaze. Undercover agents, placed themselves in positions ultimately putting the word out that they were interested in buying firearms and drugs from the criminal element. The case yielded 257 handguns, 60 rifles, 46 shotguns, and 10 short-barreled sawed-off shotguns taken off the streets of Atlanta. Forty-nine defendants were indicted on charges ranging from conspiring to commit a home robbery, possession of a firearm by a convicted felon, possession of an unregistered short-barreled rifle, possession of a stolen firearm, unlawful dealing in firearms without a license, possession of controlled substances with intent to distribute, and aggravated identity theft. The case was investigated by ATF Atlanta Field Division in conjunction with the Atlanta Police Department (APD).
May a FFL or an individual legally possess the parts to manufacture an SBR or SBS as long as no firearms are actually assembled?
It appears that ATF does not permit individuals to own the parts necessary to make a SBR or SBS prior to receiving their permission to manufacture / assemble the items. Because of this is it recommended that the same person should not purchase all of the items necessary to make a SBR or SBS and if they do, they should not take all of them home from the dealer. As a barrel can often be attached to several guns, it would be prudent to leave the barrel at your Class III dealer prior to receiving an approved ATF Form 1.
This information comes from a similar question and is found on the ATF website.
A FFL (Type-7 or Type-10) who pays the Special Occupational Tax (SOT) may possess the parts required to assemble NFA firearms (SBR or SBS). A non-licensee (individual, trust, corporation, or other business entity) or FFL who has not paid the SOT is
required to register any NFA firearm via an ATF Form 1 (5320.1) prior to acquisition of the
parts required to assemble such firearm.
A person who is licensed under the Gun Control Act (GCA) to manufacture firearms and who has paid the special (occupational) tax to manufacture National Firearms Act (NFA) firearms may replace a component part or parts of a silencer as long as the repairs do not result in removal, obliteration, or alteration of the serial number. If a silencer part bearing the serial number, other than the outer tube, must be replaced, the new part must be marked with the same serial number as the replacement part.
The term "repair" does not include replacement of the outer tube of the silencer. The replacement of the outer tube is so significant an event that it amounts to the "making" of a new silencer. As such, the new silencer must be marked, registered and transferred in accordance with the NFA and GCA.
In the event that identical replacement parts for a silencer are not available, new and different component parts may be used as long as the silencer retains the same dimensions and caliber. In addition, the repair may result in a minimal reduction in the length of the outer tube due to re-threading, but repair may not increase the length of the outer tube. Increasing the length of the outer tube significantly affects the performance of the silencer and results in the "making" of a new silencer. Reducing the length of the tube by a minimal amount in order to repair a silencer is often necessary to replace damaged end caps, as the tube must be re-threaded. Such minimal reduction of the length of the tube uses all of the original parts, does not significantly affect performance of the silencer, and may be done as part of a repair process without making a new silencer.
Persons other than qualified manufacturers may repair silencers, but replacement parts are "silencers" as defined in 18 U.S.C. § 921(a)(24) that must be registered and transferred in accordance with the NFA and GCA.
If you own the firearms as an individual, the NFA firearms may be left in a safe deposit box in your former State of residence. The firearm can also be left or stored in the former State of residence at the house of a friend or relative in a locked room or container to which only the individual owner has a key. The friend or relative should be given a copy of the registration forms and a letter from you authorizing storage of the firearm at that location.
If you use a NFA Gun Trust, you can do the same as with an individual, but you may also leave them with another trustee or add someone as a trustee to leave the items with. You should be cautious whom has access to the firearms as they could create some additional liability on your behalf and those who are involved with the trust.
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 occurrence.
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.
Defining the Right to Keep and Bear Arms? What does it mean and what will it mean in the future?
In all the excitement over the past few years with the Supreme Court cases regarding the Second Amendment many questions have been raised about how to evaluate laws that seem in conflict with this new fundamental right.
In almost every other fundamental right, the court has said that laws regulating the right have to pass a strict scrutiny, but for firearms it appears that something less is acceptable.
It is interesting that law professors from California-based law schools have decided to write a two-part series of articles on this topic. I was originally a little sceptical on an article coming from an area of the country where guns are generally shunned but found that I was surprised by the objective analysis of the authors.
Some of the main points of the first article regarding limitations are:
One Reason Heller Provides a Shaky Foundation for Doctrine: The Lack of a Discussion of the Nature of the Permissible Limitations
Another Limitation in Heller: The Imprecision About What Laws Burden Gun Ownership or Use Enough to Even Trigger the Second Amendment
Follow this link to read the more of What Will the Right to Keep and Bear Arms Mean in the Coming Years
Another huge benefit of using a properly designed gun trust is that you can maintain your privacy. While NICS checks are being done in most cases on NFA firearms, they are only being done on the person who is involved with the transaction in much the same way as they are with a Corporation or LLC. A properly prepared Gun Trust will not allow a prohibited person to be a valid trustee of the trust and any actions they take are void as if they never took place.
Still there are many people that are very concerned about their privacy and do not want their finger prints or photos sent along with a Form 4 or Form 1 application. A gun trust can be structured in such a way as to allow for the complete privacy of those who would otherwise be hesitant to purchase Title II firearms because of a loss of privacy that some believe attached with such transactions.
(NOTE - A GUN TRUST SHOULD NEVER BE USED BY A PROHIBITED PERSON, AND OUR GUN TRUST CAN NOT BE USED TO MAKE A PROHIBITED PERSON A TRUSTEE)
Now the FBI has started to gather additional information on some NICS checks. While this is only in some cases at this point, there is no reason they could not start to collect the information in all transactions in the future.
As of May 5th, it appears that if you are denied for a NICS check, the FBI will request additional information on yourself from the gun store or FFL.
They are requesting the following information:
1 The denied individual's address
2 Whether the transaction was conducted at a gun show?
3 If the transaction was at a gun show, they want the city and state where the gun show took place.
The NICS Section has deployed a website for customers wishing to appeal a denied transaction or submit a VAF application on a delayed transaction. Previous appeal e-mail firstname.lastname@example.org and email@example.com no longer be accepting appeal requests. All electronically submitted appeal requests must be made through the NICS Appeal website at http://www.fbi.gov/nics. The NICS appellant or VAF applicant will need to follow the step-by-step instructions on how to submit an appeal or VAF request. An Appeal or VAF Request Form must be completed with all mandatory fields filled in prior to being able to print or electronically submit the request.
In the same update the NICS section also reminded FFL's that if they move, they need to update two agencies ATF licensing at 866-662-2750 and the NICS Section's Customer Service at 877-FBI-NICS (option 2).
As with regular firearms, some Type II firearms (those sold by class 3 dealers) can only be sold to residents of their state, others can be sold to residents of neighboring states. If an item is not legal in your state but is in another state where you would like to purchase it, a Gun Trust may help with this issue. With a Gun trust, you can solve this problem by including someone who is a resident of the other state as a Trustee of your Gun Trust. Any Trustee on your Gun Trust with the power to make purchases, can purchases the items as long as the person who is picking them up is complying with that state's laws. Once the Gun Trust owns the items, any Trustee, with the power to use the items can manage them and store them where they want, as long as it the items are legal to possess in the state. A trust also has the benefit of being able to be modified in the future so you can add or remove a trustee (authorized purchaser or user).
One benefit of using a Gun Trust that is often overlooked is the ease of changing authorized users or managers of the firearms in the event of a charge relating to domestic violence or other Lautenberg amendment violations. We all know people who have been involved in a divorce and had claims of domestic violence or child abuse made to potentially bolster the other spouse's position regarding the divorce, alimony, child custody, or child support. Unfortunately, the way in which your divorce attorney deals with this issue, could cause you to lose your firearms rights. It is very important to make sure your divorce attorney understands these issues or consults with an attorney who does so that you do not lose your rights over a technicality.
More importantly, if you do lose your rights, you may lose your investment in your firearms as they may not be transferable in time to lose them to a confiscation. With a Gun Trust, even though you can be a manager, you do not technically own them. Therefore, if you lose your rights to own or possess firearms, we simply need to amend your trust to deal with the possession issue as you are no longer the owner anyway.
This becomes much more important with Title II firearms (those sold by Class III Dealers) because of the time it takes to transfer these firearms. For more on this you may want to read the Jacksonville Divorce Attorney Blog's article on Domestic Violence and Gun Rights written by Kelley Ryan a Jacksonville Divorce Lawyer.
I was talking with my wife this weekend and we were discussing things we wanted to change in the upcoming year. While it was not really a New Years Resolutions our topic of conversation drifted to shoes and guns, while my wife thought I had to many guns, I thought she had to many shoes. Of course neither of us could come to an agreement, but we did agree that if she got more shoes, I could get an equal number of guns. Still thinking she had to many shoes, I hope she doubles the size of her collection this year. Not sure if this will work with anyone else, but it seems to be worth a try.
Hope everyone has a Happy New Year and my wife buys a lot of shoes.
P.S. if you have any extra 6.5 woman's shoes please send them as used guns seem like they would be part of the deal.
Today, the ATF revised it's definition of State of Residence and residency requirements.
The Gun Control Act (GCA) generally prohibits any person from transferring firearms to any unlicensed person who they know or have reasonable cause to believe does not reside in the State in which the transferor resides. See 18 U.S.C. § 922(a)(5).
27 C.F.R. 478.11 defines the term "State of residence" differently for U.S. citizens and aliens. A U.S. citizen's State of residence is the State in which he or she is present with the intention of making a home; while an alien is considered a resident of a State if he or she has resided in that State for a period of at least 90 days prior to the date of transfer with the intention of making a home.
Federal firearms licensees (FFLs) were previously required to obtain documentation establishing that an alien legally in the United States has resided in the State continuously for at least 90 days prior to the transfer of the firearm. See Question 20c of the Firearms Transaction Record, ATF Form 4473.
The DOJ recently concluded that, as a matter of law, applying a more stringent State residency requirement for aliens legally present in the U.S. than for U.S. citizens is incompatible with the language of the GCA. As a result, ATF will be revising the regulations in 27 C.F.R. Part 478 to conform to the DOJ's conclusions by removing the separate 90-day residency requirement for aliens. Once the regulations have been revised, both U.S. citizens and aliens legally present in the U.S. will be subject to the same requirements for State residency and proof of residency. ATF is in the process of amending its forms to conform to the statute as well.
Until process is complete, the current regulations have the force of law and for the time being, FFLs should continue to use the current forms and abide by the current regulations.
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 Law Office of David M. Goldman PLLC has decided to do 12 great specials for our new and existing clients.
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