Last week, I got an email and spoke to an individual (who was an attorney) who had been incorrectly advised by TSA that it was OK to carry a silencer on a plane. The problem occurred when he tried to follow TSA's advise. A silencer is defined as a firearm and should not be taken in one's carry on luggage. Luckily this individual was not charged with a crime and only ended up being inconvenienced and missing his flight.
After contacting the FBI, BATFE, and Dallas police (none of whom had a definitive answer) the Dallas police and DFW police said the suppressor should be turned over to TSA who eventually returned it to the owner.
Others have reported that TSA does not understand that Silencers are firearms and have not allowed them to put them in locked containers as other firearms.
Lately we have seen such odd denials from the ATF.
- A self created trust was denied because it did not contain an assignment sheet
- A trust was denied because it did contain an assignment sheet.
- A trust was approved and it did not contain an assignment sheet.
It appears that each agent has their own preferences and often it takes a call to the ATF to clarify what they are requesting and why. Many of the agents have no valid justification for the approval or denial.
We have also run across a list of some Alaska Class 3 dealers.
If you are a Class 3 dealer or know of other Alaska Class 3 dealers let us know.
If you need help creating or want more information on what an Alaska NFA Trust or Alaska Gun Trust is, Contact Us for more information.
This years annual machine gun shoot was May 29-30 at Riverside Park Campground and Range in Anderson AK. The Alaska machine Gun Association's website gives information on their machine gun shoots.
If you have checked on an Alaska NFA Gun Trust in the past and were unhappy about the price, we have some good news. We have a new attorney that we are working with ( not new to the practice of law, but new to our network) and he is offering some very competitive prices on the NFA trust ( as much as 1/2 off the previous lawyers pricing). If you are interested in an Alaska Gun Trust Contact Us to find out more and begin the process.
The dishonorable discharge is based on a general court-martial conviction. This means the conviction is a felony, regardless of what the underlying offense may have been. The convicted felon is banned from possessing a firearm including Title II Firearms (a Silencer, SBR, SBS, AOW, or Machine Gun).
A person who is convicted of a crime that is punishable by imprisonment for more than one year ( including a dishonorable discharge) is prohibited from possessing a firearm. Under 18 U.S.C. 922(g), a felon who is found guilty of gun possession may serve up to 10 years in prison.
If you have been convicted of a felony or a dishonorable discharge, be careful of constructive possession. You could be guilty of being in possession of a firearm if your spouse or another family or household member has a firearm that you "could" access.
Joshua Prince, a Pennsylvania Gun Trust Lawyer®, has an article on his blog talking about using us for Florida Gun Trusts. We also have a network of Gun Trust Lawyer®s in more than 43 states. Mr. Prince is a NFA Firearms owners and really understands the unique issues involved in PA Gun Trusts. If you need help in the state of Pennsylvania, Mr. Prince can provide a PA Gun Trust by email and telephone in a few days and we have heard nothing but praise over his trusts.
If you need help finding an attorney in your state, Contact Us and determine if a gun trust is appropriate for your needs. If so, we can draft the trust under the NFA rules and then have a local attorney or one licensed in your state review and make changes based on your state's laws and requirements.
Conne Tampas, in her recent quarterly newsletter talks about providing Gun Trusts and mentions the Gun Trust Lawyer®.com website as a resource for lawyers and attorneys who are interested in providing NFA Gun Trusts to their clients.
Her newsletter uses some nice technology to provide an online PDF publication that contains great legal information on a variety of topics as well is fun to experience from a technological point of view.
While many lawyers have asked us for a copy of our CLE materials in Audio or Video format, we have been unable to provide the materials as they were not captured. We are considering creating materials for lawyers who want to learn about creating NFA firearms Trusts for their clients. In the mean time, feel free to Contact Us using the contact forms on this site and I will send you the written materials I have and answer any questions.
On Tuesday September 14th, 2010, David Goldman spoke to the Port Charlotte Estate Planning Council in South West Florida. The discussion covered the following topics.
The Background of the NFA
1) What is the NFA and why should I care?
2) What is a NFA Firearms Trust?
3) Why people use trusts to buy Machine Guns, Silencers, and other restricted firearms?
5) Marketing for Firearms Trusts.
4) Whats wrong with a traditional trust and why using a traditional revocable trust is malpractice?
- a) Penalties for violating the NFA.
- b) The benefits of trust ownership over individual ownership
- c) The unique firearm regulations to Florida regarding SBR's and SBS
- d) The benefits of trust ownership over individual and business ownership.
- e) Gun store trusts, quicken trust, trusts found on the Internet.
- f) UPL by gun stores and manufactures rampant
- g) Invalid trusts
- h) Modifications needed for pour over wills
- I) Taxable issues regarding firearms- transfer fees as well as gifting issues
- j) The Assault weapons Trust and opportunity.
If you are interested in learning about NFA firearms trust, contact a Gun Trust Lawyer® to discuss how they may be beneficial to you or your clients.
Recently we have begun hearing that the ATF is no longer requiring a Schedule A and/or an Assignment of Assets with a Trust. While we have not been able to verify this with ATF at this time, we would still suggest sending in these documents with your trust for approval. Remember that just because ATF approves your trust, they are not stating your trust is valid, only that it meets their limited review of criteria. We have seen many cases where the ATF approves trusts that are not valid and subject the individuals to potential criminal charges, confiscation, and fines of up to $250,000 per offense.
There are significant advantages of using an Assignment sheet over a schedule of assets or as some trusts refer to it "a Schedule A". While most believe that the registration of firearms has been shown to be one of the first steps in the confiscation of firearms by the government, there are many individuals who unknowingly and freely give the ATF a complete list of their firearms by using a Schedule A. An assignment sheet can still transfer assets into a trust, but not create a full list of the assets and become part of the trust document. This additional privacy is an important advantage to using a NFA Gun Trust like we have created. To find out more about Gun Trusts or have your trust reviewed for problems with the NFA contact a Gun Trust Lawyer® by email or call us.
We have several Texas NFA Gun Trust Lawyer®s that we work with. While it is not necessary to visit the lawyers office, we have Texas Gun Trust Lawyer®s we work with in Austin, San Antonio, Dallas, Midland, and Houston. If you are talking with a lawyer about a NFA firearms trust for the purchase of Title II firearms from a Class III dealer remember to ask them if they are using the copyrighted Gun Trust from GunTrustLawyer.com. If you would like more information on the What a NFA Firearms Trust is and why it is significantly different that an standard revocable trust, contact a Gun Trust Lawyer® and we would be happy to send you information and answer any question relating to the NFA and Title II firearms ownership, transfer, possession, or use.
To create a Texas Gun Trust Contact Us by phone or email and we can begin the process. Typically we draft the trust for the NFA and have the local attorney modify it for Texas. Depending on your situation, a specific Texas attorney may be chosen. The cost of the trust includes the local counsel and the fees are shared with the local attorney. Our Fee is for the National work and the Texas Gun Lawyer is compensated for the Texas legal work.
We have relationships with Several Texas Gun Trust Lawyer®s including:
Austin Gun Trust Lawyer®
Dallas Gun Trust Lawyer®s
Ft. Worth Gun Trust Lawyer®s
Houston Gun Trust Lawyer®s
Temple Gun Trust Lawyer®s
San Antonio Gun Trust Lawyer®s, and
Midland Gun Trust Lawyer®s
Around 6-8 months ago I was approached about a new Gun Range in the Atlanta Georgia area (on Roswell Rd in Sandy Springs), it was suppose to be high tech, have movable targets and also include a gun store. I decided to invest in it, while I have no active role in the day to day management, I felt that under the new FCC disclosure requirements, and even without them, it was proper for me to disclose my ownership interest in the operations. I have not seen the completed indoor range yet, but have seen it during the construction. I recently saw a thread on silencertalk discussing the range and wanted to share it with everyone. I must say that I was shocked by the pictures and its looks nicer than I was expecting. I am looking forward to visiting the range next weekend when I drive through Atlanta. Take a look for yourself at the pictures of the Sandy Springs Gun Club and let me know what you think about the range pictures on Silencer Talk.
If you know of other full auto and silencer friendly gun clubs let me know and I will be adding them to each state's listings
Over the weekend I received an email from asking if 922R applies to SBR's, For example converting a MP5 Pistol to an SBR.
Section 922 Paragraph R states:
"It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925(d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to--
- the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or
- the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General. "
Full Text of Title 18 of the US Code (18 USC), Chapter 44 Section 922
In the past, ATF has issued letters stating that this type of conversion does and does not come into play. I was talking with Joshua Prince, a PA Gun Trust Lawyer®, and he believes that 922R does not come into play because 922r deals with sporting arms and only makes it a crime to manufacture the item not be in possession of it.
There are several good discussions of 922r if you want to read about it. One that goes into a lot of detail is found on this page.
Yes it is legal in most instances to travel with your NFA firearms (those sold by a class 3 dealer and often referred to as TItle II firearms). You will have the same restrictions as traveling with a normal firearm but also need to comply with the regulations for interstate travel with a NFA firearm. For more information on transporting NFA firearms across state lines see our ATF Form 5320.20 page.
Remember that they need to be legal in your destination state.