The 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.
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.
While 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.
One 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
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.
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.
One 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.
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.
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.
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.
While we had previously speculated that this bill would become law by failure to veto, the Governor actually signed it.
According to the Second Amendment Foundation, Silencers should be legal to shoot 90 days following the end of the 2011 Session. Unless ended earlier, this would mean that you can shoot your silencer legally after July 24th 2011.
It's time to order your silencer if you do not already have one. You could have your Form 4 paperwork approved in time to shoot it legally on the first day.
By the way SAF is a great gun rights organization and brings many of the lawsuits you hear about on a daily basis. If you have not joined it you should. It only costs $15 a year or $150 for a lifetime membership.
While it is reported that the governor will probably not sign it, the bill is expected to become law by the failure to veto it within the allotted time under state law.
This will be good news for those who already own silencers in the State of Washington. We will update you once it becomes legal to use them. For more information on Title II firearms in the State of Washington contact a Gun Trust Lawyer®
The term Gun Trust Lawyer® is a registered trademark. The rights to use Gun Trust Lawyer® have been licensed to this blog and the Law Office of David M. Goldman PLLC by David Goldman. If you would like to use the terms on your website please Contact Us for prior approval and terms and conditions. Any use of Gun Trust Lawyer® should include the registered trademark symbol "®" as well as a reference to the owner of the trademark.
We have begun to collect names from our clients and dealers regarding firearms training facilities that they have had a good experience with. We will be adding them to the page periodically. If you have one you would like to recommend, please let us know and we will add it to our Firearms Training Page
Utah is the first state to add an official state firearm -- the John M. Browning-designed M1911 pistol, becoming the first state in the nation to have one, according to the state legislator who sponsored the law.
State Rep. Carl Wimmer, a Republican who was a police officer and SWAT team commander, came up with the idea for a state firearm last year after hearing about how Pennsylvania lawmakers wanted to make the Pennsylvania long rifle its official state firearm, Wimmer told CNN on Friday.