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.
When you are purchasing a silencer, SBR, SBS, Machine Gun, AOW, or DD from an out of state resident there are two ways of accomplishing the transfer.
The first and slower way is to do a Form 4 transfer to a local Class 3 SOT dealer. Once this is approved a tax free transfer can be made from that dealer to one in the purchaser's state and then a second Form 4 transfer can be done from the buyer's dealer to the buyer. This will involved 2 transfer fees and generally each dealer will charge a fee for the paperwork and transfer.
The second method involves transferring it directly on a Form 4 to the buyers Class 3 dealer who is located in the same state as the buyer. Once this is approved a second Form 4 transfer can take place from the dealer to the buyer. This will involve 2 transfer fees and fees from the single dealer. This method should be quicker since the dealer to dealer transfer is eliminated.
A man in Berlin, Connecticut, was sentenced to 101 months of imprisonment, followed by three years of supervised release, for illegally possessing machine guns, a sawed-off shotgun, silencers, grenades and improvised explosive devices or IEDs.
These items are controlled by the National Firearms Act and you must purchase them using a Form 4 or manufacture them with a Form 1 and pay the tax. If you are in possession of them, are using them, or sell them without complying with the requirements you can face prison sentences and fines.
A NFA Firearms Trust can help you protect yourself and your family from improper possession and other issues such as constructive possession. Contact a Gun Trust Lawyer® for more information on What a Gun Trust is and how you may benefit from one.
The 2011 edition contains over 90 changes from last year's edition including:
* 50 new sections detailing handgun carry in restaurants that serve alcohol
* New section detailing carry in Semi-tractor trailers
* Complete redraft of state pages making information even more "user friendly"
* Coverage of states that require permit holders to inform police officers of permit status
* 14 states added over 50 other states to their reciprocity/recognition lists
* 3 states enacted laws allowing recognized permits to carry in restaurants serving alcohol
* 3 states began allowing concealed carry by recognized permit holders in state parks
* 3 states liberalized their laws for vehicle carry of a handgun
* A third state now allows concealed carry without a permit
* 1 state redrafted its firearm laws to better serve gun owners
* 1 state became "shall issue" and recognizes all out-of-state permits
* 2 states enacted new self-defense civil immunity laws
* 2 states dropped 3 other states that were previously recognized from their lists
* 1 state added a preemption law for local regulation of concealed carry by recognized permits
To find out more or to purchase the 2011 book click here.
The ATF Study on the Importability of Certain Shotguns was published today.
Many of you have been following the supposed ban on imported Shotguns like the Saiga that was announced by the ATF during the Shot Show in Las Vegas last week. Instead ATF announced a study which may some a little extra time to purchase these firearms before a ban goes into place and states that
A change in ATF's position on practical shooting has potential implications for rifle and handgun classifications as well. Therefore, the working group believes that a more thorough and complete assessment is necessary before ATF can consider practical shooting as a generally recognized sporting purpose.
The items that ATF believes are not suitable for a sporting purpose are:
(1) Folding, telescoping, or collapsible stocks;
(2) bayonet lugs;
(3) flash suppressors;
(4) magazines over 5 rounds, or a drum magazine;
(5) grenade-launcher mounts;
(6) integrated rail systems (other than on top of the receiver or barrel);
(7) light enhancing devices;
(8) excessive weight (greater than 10 pounds for 12 gauge or smaller);
(9) excessive bulk (greater than 3 inches in width and/or greater than 4 inches in depth); (10) forward pistol grips or other protruding parts designed or used for gripping the shotgun with the shooter's extended hand.
Our determinations will in no way preclude the importation of true sporting shotguns. While it will certainly prevent the importation of certain shotguns, we believe that those shotguns containing the enumerated features cannot be fairly characterized as "sporting" shotguns under the statute. Therefore, it is the recommendation of the working group that shotguns with any of the characteristics or features listed above not be authorized for importation.
The report has some interesting charts and pictures. I noticed that in the Shotgun Stock Style Comparison, they show many firearms and name them, but the one they do not name is not a stock Saiga but has been modified as the trigger has been moved forward and a separate pistol grip has been added. It looks like the rumored ban on the Saiga's will happen so if you want one, you time may be limited.
What is unknown at this time is what or how ATF will treat those items that are already in the US. Since most shot guns have a bore size greater than 1/2 an inch we could see some devices classified as destructive devices. The ATF is asking for comments and I have included their information below. Please review the study and respond.
Update: Joshua Prince a Pennsylvania Gun Trust Lawyer® has also written a summary of the report that can be found here