July 23, 2011

NFA Gun Trust Lawyer® and related Sites

Over the past several years the Law Office of David M. Goldman PLLC has expanded into several additional practice areas. As these practice areas grown we have been adding staff and creating more informational blogs to help consumers and our clients understand some of the common legal issues. May of our current readers do not realize that we cover these additional practice areas so I wanted to take a moment to update you with them:

For those of you who use an iPhone, we are trying to make some of the information and resources available through our new Law Office of David M. Goldman PLLC iPhone Application.

Our main Website is for the Law Office of David M. Goldman PLLC

The Florida Estate Planning Lawyer Blog covers a variety of topics focusing on Asset Protection, Estate Planning, Elder Law, Guardianship, and Probate

The NFA Gun Trust Lawyer® Blog covers unique issues involved with estate planning, the purchase, possession, use, and transfer of firearms including those regulated by the National Firearms Act. Helps provide guidance on a National level through a network of over 150 lawyers in 43 states.

The Jacksonville Criminal Defense Lawyers Blog covers issues related to criminal defense, case-law updates, and legislative changes as they relate to protecting your rights from restrictions by the State of Florida dealing with your freedom.

The Florida Foreclosure Defense Lawyers Blog covers issues in Florida and around the country that help homeowners protect their home which is often their single biggest purchase. While we write on topics that have relevance to the entire state, our practice area focuses on the counties surrounding Duval or the City of Jacksonville and its surrounding area.

The Jacksonville DIvorce Attorney Blog covers topics relating to your family life, marriage, divorce, child custody, support and guardianship. Many of the articles help our clients to understand what can happen in these very emotional times and how slight differences in the circumstances can make a significant difference.

The Jacksonville Personal Injury Lawyer Blog covers issues relating to injury and compensation for the negligence of others. This is our newest blog and will be launching in the next few weeks.

The Jacksonville Bankruptcy Lawyers Blog covers topics related to bankruptcy and specific circumstances that may allow one to qualify for certain exemptions and benefits afforded under the Federal bankruptcy Code.

We hope you enjoy our postings and take the time to visit some of out other blogs that cover different Florida legal issues as over 50,000 people a month do. If you have a question regarding one of these area or something involving a legal issues in Florida, please Contact Us and one of the lawyers in that practice area will respond.


July 22, 2011

Missouri (MO) What NFA Class 3 Firearms can I own?

NFA Class 3 firearms There 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.

In Missouri you can own the following items that are regulated the the National Firearms Act

Machine Guns
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
Any Other Weapon (AOW)
Silencers
In Missouri you cannot own the following NFA restricted items.
Destructive Devices (DD)
Follow this link to find out more about Missouri and NFA restrictions on Class 3 Firearms

<strong>NOTE:</strong> Starting 8/28/2011 you will be able to use a NFA trust to purchase NFA firearms in Missouri without the need of a C & R, FFL, or use of a Corporation or LLC.
July 17, 2011

North Carolina, NFA, Trusts, & Machine Guns

The NFATCA had an article about a revision to NC Law that will put to rest the controversy over the use of Trusts and also apparently drop the Machine Gun Permit for residents of the state of North Carolina North Carolina HB650 was signed into law on June 23rd, 2011 and will become effective on December 1st 2011

H650 [Ratified] Page 5

SECTION 8. G.S. 14-288.8(b) reads as rewritten:

"(b) This section does not apply to:to any of the following:
(1) Persons exempted from the provisions of G.S. 14-269 with respect to any activities lawfully engaged in while carrying out their duties.

(2) Importers, manufacturers, dealers, and collectors of firearms, ammunition, or destructive devices validly licensed under the laws of the United States or the State of North Carolina, while lawfully engaged in activities authorized under their licenses.

(3) Persons under contract with the United States, the State of North Carolina, or any agency of either government, with respect to any activities lawfully engaged in under their contracts.

(4) Inventors, designers, ordnance consultants and researchers, chemists, physicists, and other persons lawfully engaged in pursuits designed to enlarge knowledge or to facilitate the creation, development, or manufacture of weapons of mass death and destruction intended for use in a manner consistent with the laws of the United States and the State of North Carolina.

(5) Persons who lawfully possess or own a weapon as defined in subsection (c) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871.
Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon."

SECTION 9. G.S. 14-409(b) reads as rewritten:

"(b) It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons as defined by subsection (a) of this section: Provided, however, that this subsection shall not apply to the following:

Banks, merchants, and recognized business establishments for use in their respective places of business, who shall first apply to and receive from the sheriff of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business;

officers and soldiers of the United States Army, when in discharge of their official duties, officers and soldiers of the militia when called into actual service, officers of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties;

the manufacture, use or possession of such weapons for scientific or experimental purposes when such manufacture, use or possession is lawful under federal laws and the weapon is registered with a federal agency, and when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located;

a person who lawfully possesses or owns a weapon as defined by subsection (a) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801‑5871. Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.

Provided, further, that any bona fide resident of this State who now owns a machine gun used in former wars, as a relic or souvenir, may retain and keep same as his or her property without violating the provisions of this section upon his reporting said ownership to the sheriff of the county in which said person lives."

If you are looking to Get a Machine Gun in North Carolina, you will have to wait until December 1, 2011 unless your Sheriff will issue you a permit.  For those who feel that current NC statutes do not permit the use of Trusts, you can starting using them on December 1, 2011.  Our North Carolina Gun Trust Lawyer® has seen no provision in the old law which does not permit a Trust to own or purchase NFA firearms and has been providing them for several years without any rejections by the ATF.  If you would like help creating a Gun Trust in North Carolina, Contact Us and we can give you more information on the process.

July 8, 2011

Obama Set to Unveil Gun Control Reforms

The Huffington Post is reporting the President Obama is abot to release a series of gun law reforms.

At Thursday's briefing, Carney stated that the process is underway and "stakeholders" on both sides are working though the complex issues. While recent gun control law has largley ignored NFA firearms, it is possible that these items will be included in attempts for future legislation.

June 27, 2011

GEOGRAPHIC DISTRIBUTION OF NFA APPLICATIONS FOR PROCESSING BY ATF

The ATF National Firearms Act (NFA) Branch is pleased to announce that as of July 2011, ATF Forms 1, 2, 10 and ATF Form 5320.20 will be assigned to a legal instruments examiner for processing according to the State of the applicant's address. The NFA Branch also will begin assigning ATF Forms 3, ATF Form 4 and 9 applications to examiners by the State of the transferor's address. Applications already pending at the time of the change will continue to be processed by the examiner to whom they were previously assigned. Historically, applications in the NFA Branch have been assigned to legal instruments examiners alphabetically based on the name of the transferor or applicant. A chart showing the new assignment distribution is below.

The ATF expects this change in the assignment of applications to better enable NFA examiners to develop State law expertise and more knowledgeably and effectively respond to our customers during an era of unprecedented and ever increasing application volume. Please contact the NFA Branch at 304-616-4500 with any questions about this change.

NFA Examiner Assignment Distribution (effective July 2011)

  • Nicole Dudash -- IL, IN, OH, PA
  • Chris Farris -- AK, CT, MA, ME, MI, NH, RI, VT
  • Ann Feltner -- AZ, CA, NM, NV
  • Jason Frushour -- CO, MT, ND, SD, UT, WI, WY
  • Sara Jones -- LA, TX
  • Albert Lamberger -- AL, FL, TN
  • Dana Pickles -- DE, KY, MD, NC, NJ, NY, VA, WV
  • Suzanne Santamaria -- GA, SC
  • William Shipman -- AR, HI, IA, KS, MN, MO, MS, NE, OK
  • Sandra Snook --ID, OR, WA
Applications from the District Of Columbia and US Territories Will be Assigned to the Supervisory Legal Instruments Examiner
June 22, 2011

Schedule A or Assignment Sheet

Recently I received a question from a client that I thought I would share. His dealer questioned the use of the Assignment Sheet because they were not familiar with it and stated that the Gun Store's lawyer said it was not necessary. ( A full detailed explanation is included in our detailed instructions and users manual) Here is a brief explanation for those who are not using our Gun Trust documents.

While the lawyer is correct, the ATF has confused the issue of funding a trust with documents which evidence the trust and mistakenly requires either a Schedule A or Assignment sheet or they reject the trust as invalid. While most trusts contain a Schedule A or a Schedule of Assets there are several issues with using a Schedule A in regards to the flexibility of our trust and privacy.

You can put a schedule of assets in the trust, but then you would have to keep it updated and if you decided to put your regular firearms in the trust, you would be creating a de facto registration of your firearms. Most gun owners do not wan't to provide the ATF a list of all of their firearms and as such we have elected to use the "Assignment Sheets". Our choice has increased privacy and allows for additional flexibility for the use of the trust without unnecessary disclosures.

As a result we have chosen to use an Assignment Sheet with our Gun Trust. If your trust uses a Schedule A and would like to discuss the benefits of using an Assignment Sheet and the other benefits of a dedicated NFA Gun Trust, Contact Us to speak with a Gun Trust Lawyer®.


May 30, 2011

Washington Times and Second Amendment Foundation

saf.jpgThe Washington Times has an article on the efforts of the Second Amendment Foundation and how Washington DC has been manipulate its zoning laws to reduce gun brokers to make it more difficult for individuals to purchase firearms legally. The Alan Gottlieb and the second Amendment Foundation have recently filed several lawsuits to protect the rights of individuals in NY, NJ, and DC. If you are not a member, you should consider joining and supporting them in their fight to protect gun rights across the nation.

May 18, 2011

Missouri Passes House Bill 294 Regarding NFA Firearms

In Missouri, you have previously needed to be an FFL to purchase Title II firearms from a Class 3 dealer. This may change soon as a new bill which is proposed to be effective on 8/28/11 would remove the FFL restriction. This means, you could use a Gun Trust to purchase NFA firearms. To read the bill follow this link.

May 2, 2011

The Importance of Providing for Firearms Education, Training, and Activities in your Gun Trust

guns.jpgWhile most trusts provide for educational activities, very few Successor Trustees or attorneys would consider firearms training, education, or firearms related activities under the educational provisions of a trust. At the same time, you would not typically want your firearms sold to provide these educational activities to your children or beneficiaries.

Most of us would agree that if we were to become incapacitated or pass away, our children might not be involved with firearms to the extent that we would like. When children are not involved with these activities or raised with firearms they tend to be afraid of them and can be easily influenced by the anti gun propaganda that we encounter on a daily basis. It is essential that there is a mechanism to provide for shooting activities, hunting experiences, and firearms training to allow our children to understand and appreciate their Second amendment rights and enjoy the use and possession of firearms.

You should speak with your Gun Trust Lawyer® about how to integrate your objectives into your current or a future estate plan so that it will complement your Gun Trust. Our trust already has the framework to allow for these activities and only simple change need to be made to your will or Revocable Trust to complement the Gun Trust that we provide.

If you have a older version of our trust, one created before 2011 or a trust that was created by someone else, you may want to Contact Us about how to upgrade your trust to allow for these important activities and make sure your trust deals with the many specific issues of firearms ownership, transfer, possession, and use.

April 30, 2011

The Importance of Naming a Beneficiary in your Gun Trust

antiquefirearm250x186-495.jpgOne of the basic foundations of a Trust or Gun Trust is that there must be a named beneficiary that exists at the time you create your trust. If there is not a named beneficiary that exists at the time the trust is created, the trust is invalid, and if the trust owns NFA firearms this could create large problems for those who are in possession of them. They are essentially in possession of an NFA firearm without a proper transfer. This is true, as many people are finding out, even if the ATF has approved the transfer to the trust on a Form 4 or Form 1.

Often people do not know whom to list as a beneficiary in their trust. While a normal trust or revocable trust does not deal with transfers to children or other prohibited persons correctly a properly drafted NFA Trust should look at where the items are, where they are going, the legality in each location, the proper method for completing the transfer, the eligibility of the beneficiary to posses the firearms (at the time they are to be transferred and not simply at the time the trust was created) as well as whether the individual is mature and responsible enough to have a machine gun or a regular firearm for that matter.

One must also evaluate the successor trustee to determine if they are eligible to complete the transfer or be in possession (under dominion and control) of a firearm. Many traditional trusts and other so called Gun Trusts do not deal with these issues properly. Firearms Trusts or Gun Trusts from the Gun Trust Lawyer® are designed from the ground up to deal with firearms and related activities.

If you do not have children, a spouse, or others that you want to leave the firearms to, or they happen to predecease you, a charity can be named as the beneficiary. Many of our clients have chosen to name one of the NRA foundations, the Second Amendment Foundation, the NFATCA, or one of the other gun rights organizations as a beneficiary.

Who ever you name, you just need to make sure they are alive or in existence at the time the trust is created. You cannot name future unborn children unless they are named in conjunction with a living person or entity.

For information on the NFA options see theNRA Planned Giving Guide

April 21, 2011

Silencer Shoot 2011 Tickets Available

Advanced Armament Corp. has updated the silencer shoot 2011 page with some lodging information as well as the ability to purchase tickets online. If you are planning on attending let me know. If you are one of the lawyers we work with and need tickets, we have a few available on a first come basis.

April 12, 2011

What Happens With My Gun Trust When I Move to Another State.

Besides dealing with the issues of physically moving the firearms across state lines, which is covered in our Memorandum that comes with the trust in the section entitled What is necessary if I want to take the firearms across state lines or change the location where they are stored?, we are often asked about the effect of moving states on the Gun Trust itself.

Generally moving from one state to another will not require any changes to the trust with the exception of the state of Maine (only if you want to make additional Title II purchases). A validly created Trust in one state, is valid in another state if you move. Depending on the language in the trust, the rules that it references may change or not. Generally our trusts will still reference the original state's laws once you move. This can be changed if you desire but is typically not necessary.

More importantly the ATF looks at the minimum requirements for a valid trust in the state in which it is being used. Our trusts meet the minimum requirements of any state where the items are legal.

The ATF does not understand the concept of a trust being created in one state and used in another state. If you only had a settlors signature and then moved to a state like Florida where two witnesses were required, the ATF would not recognize your trust as valid. Our Copyrighted Gun Trust will be recognized as valid for purchases of additional NFA Firearms in any state where the purchase of those firearms is legal except Maine, which has a strange gun law which requires that a trust be formed in that state to be an eligible purchaser of firearms.

So unless you move to Maine, there is nothing that needs to be done with a trust prepared by a Gun Trust Lawyer® to be used in another state. If the laws of a state change and you need an amendment for some reason or just would like to change your trust to be under the laws of your the new state you live in, we do offer very reasonably priced amendments to change the jurisdiction and language in the trust.

An exception to the above might involve a custom amendment that is created to allow for the minimum requirements under your state laws. This is typically done for dealers who want to rent Title II firearms and easily add and remove trustees on a daily basis.

April 12, 2011

Owning a Machine Gun in California

machine-guns.jpgOne of the Gun Trust Lawyers® we work with in California has written an article on owning a Machine Gun in California which deals with the requirements and process that is involved.

Not only is there a special application for the California Permit but one needs to establish good cause that they have a clear and convincing reason and there is a bona fide market or public necessity for the issuance of the permit. Kevin goes through the 8 valid reasons defined in 11 CCR 4128(b). All of the reasons that would apply to an individual require that you have a valid FFL except for (4) collectors of destructive devices.

Unless you are a police department, branch of the government, in the entertainment industry you will need to come up with a clear and convincing commercial need for the machine gun permit.

If you are interested in owning a Machine Gun in California, it will not be an easy task, but you should discuss your situation with California Gun Trust Lawyer® Kevin Thomason to see if you might qualify for the narrow reasons which are allowable under California Law.

April 12, 2011

Silencer Shoot 2011 - June 4-6 at Tier 1 Group outside Memphis

silencer_shoot_2011.jpg

After a year off, AAC is holding the Silencer Shoot again in Crawfordsville Arkansas (just outside Memphis).

Gun Trust Lawyer® is helping to sponsor the event and raise money for this years charity. While the silencer shoot is not silent, it is a far cry from the noise at Knob Creek. We will be giving away trusts and look forward to meeting many of our new clients. For more information on the event check out AAC's Silencer Shoot 2011 event page.

Remember that even though you do not need a 5320.20 to travel with your silencer across state lines, we recommend getting approval to avoid the unnecessary detention of yourself or firearms while uninformed officers determine that you are rightfully and legally in possession of a silencer.

April 11, 2011

New NFA Gun Trust Brochure Available

We have a new version of our NFA Brochure available to download and review. if you are interested in finding out more about NFA Trusts download the new NFA_Gun_Trust_brochure.pdf.

We would appreciate any feedback on the document.
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If you want to create your own Gun Trust without a lawyer, there is a real online Gun Trust that can be created in less than 10 minutes.

If you want to create a gun trust with the help of a Gun Trust Lawyer® Contact Us to begin the process.