August 13, 2010

NFA Gun Trust Lawyer® is BLAWG of the Day

Tom Mighel at Inter Alia, an internet legal research web blog, listed the NFA Gun Trust Lawyer® Blog as the Blawg of the day. Blawg is a term used in the legal community for a legal blog.

August 3, 2010

Is it legal to take my NFA Firearms on an Airplane (Class 3, Title II)?

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.

July 28, 2010

So what is a NFA Gun Trust and why is ours Different than other "Gun Trusts"?

One of the most common questions I get pertains to the use of regular or other so called gun trusts for the purchase of items restricted by the NFA.

The are many differences between a family, limited, or standard revocable trust and our NFA Firearms Trust. The biggest difference is that other types of revocable trusts are designed to protect your assets from the abuse of others and our trust is designed to allow for the abuse (the use) of the firearms. Our NFA firearms trust has be re-written from the ground up to protect your firearms and those who use them or are in possession of them.

In fact, you should not put non-firearms in the NFA trust and if you have a pour over will, you should change the will to direct that any firearms remaining in your estate go to your firearms trust and the remainder of the assets go to your traditional trust.

There are to many changes to go into in detail and one can only appreciate the changes when they are read with the concepts of preservation of the firearms and protection of your family and friends in mind.

July 23, 2010

Gun Store Provides Invalid Trust Form; ATF Initially Approves 3 Transfers

A Washington state gun store prepared an invalid trust for their customer and the ATF approved three Form 4 transfers.

Not only is the preparation of a trust by a non-lawyer the unauthorized practice of law, but it also could put you at risk of an invalid transfer, possession, and use charge by the ATF which could subject you to forfeiture of your firearms, a $250,000 penalty, and up to 10 years in jail.

This particular gun store trust did not have a trustee, a successor trustee or a beneficiary and was missing required schedules that were required for validity by the way the trust was drafted.

Remember that even if the ATF approves an invalid trust, it does not make the transfer legal. ATF is approving a transfer to a non-existent entity, which you cannot comply with, and when you take possession it becomes illegal. The good news is many trusts can be updated to be valid and keep the original name so that there is a valid trust behind the possession of the firearms. If you would like to have your trust reviewed, contact a Gun Trust Lawyer®.

July 9, 2010

May the barrel on an SBR or SBS be replaced with a long barrel with the intent of replacing the short barrel at a later time?

There have been many discussions on this and it appears that as of July 2010 the answer is:
Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm's configuration is permanently changed or removed from the purview of the NFA.

July 8, 2010

SBR & SBS and Interstate Travel Under the NFA and ATF Regulations

If I put my original barrel back on my SBR or SBS, can I take it across state lines without using an ATF Form 5320.20?

If you no longer own the barrel, you can do this, but if you still own or possess the short barrel, the item is still restricted by the NFA unless you remove the item from the NFA by contacting the ATF.

July 7, 2010

What if I want to install a long barrel on my SBR or SBS?

If you want to make a permanent change to the SBR or SBS, it should be removed from the NFA and will not then be regulated under the NFA. If the owner maintains possession or control over the short barrel riffle or shotgun they should be careful about constructive possession of an SBR or SBS. While there is no requirement to notify the ATF of the transfer of an item which has been removed from the NFA, the ATF does recommend that you notify the NFA branch of such changes in writing so that the possessor is not mistakenly identified as the owner if the firearm is later used in a crime.

Until the firearms is removed from the NFA registry, it will have the same restrictions regardless of the current barrel length. You can not put a longer barrel on to bring to a state where a short barrel is permitted or avoid the necessity of a 5320.20 to cross state lines. Once a SBR or SBS it will always be a SBR or SBS until the item configuration is changed and the gun is removed from the registry. If removed, you can not the original Form 1 to change it back to an SBR or SBS at a later date

July 6, 2010

Statute of Limitations for Violations of the NFA

According to the July 2010 Training handbook, the ATF states that the Statute of Limitations for a violation of the NFA is 3 years

July 6, 2010

Restrictions IF I remove my barrel from a registered SBR or SBS

If you still own or have control over the barrel or parts required to assemble the SBR or SBS, the firearm would still be subject to NFA transfer and possession regulations. ATF recommends contacting State law enforcement officials to ensure compliance with state and local law. (In Florida and some other states, possession of a barrel and receiver which could be made in a SBR or SBS is a crime unless the firearm is registered as a SBR or SBS under the NFA.)

If you do not have the barrel the firearm is no longer a SBR or SBS.

July 6, 2010

What is the Registered Part of a SBR or SBS Under the NFA?

Under the NFA the serialized receiver is what is recorded for registration in the National Firearms Registration and Transfer Record (NFRTR)

July 6, 2010

Class III Dealers

We are often asked for a list of Class III dealers. There is a website that lists Class III dealers in many states. is a sponsor of the site as we have found it to be a useful site to our clients.

June 28, 2010

McDonald v Chicago: Supreme Court Reversed and Remanded Case

The Supreme Court has ruled today in an opinion by Judge Alito that the 2nd Amendment applies to the states through the 14th. More to come later. If you want to read the decision it's posted on the Supreme Court Website - McDonald v. Chicago or from our website McDonald_v_Chicago.pdf

June 16, 2010

If I currently own NFA firearms, can I transfer them into the trust without incurring an additional transfer fee?

irs_logo.jpgUnfortunately, the answer is no. The ATF considers the trust as a separate legal entity and the tax must be paid for the additional transfer. Given that this is essentially an tax by the IRS, it would seem logical that the tax would be waived because a revocable trust is a pass through entity and not taxed. As far as I know this has not been challenged because it is only $200 for the transfer and the cost to fight it would be many thousands of dollars.

June 14, 2010

Urban Shooter Podcast

Just got an email from Kenn Blanchard, the host of The Urban Shooter Show and author or Black Man with a Gun asking if I could talk about Gun Trusts tonight June 14, 2010 at 7:30 EST. If you have questions, you may want to listen to the podcast.

June 10, 2010

Looking for a Class III Transfer Agent?

Auction arms has a FFL Finder that may help you find a local dealer to do your Class III Transfers. Check out the FFL Finder.