Alabama Governor Riley signed a bill into law making Short Barreled Riffles and Shotguns legal to own. The law was signed on 4/14/2010 and becomes effective on 7/5/2010. If you have a NFA Gun Trust, there is nothing you need to do, to be able to purchase these items after 7/5/2010.
This also means if you are going to travel to Alabama, you can use a Form 20 to bring your SBR or SBS to Alabama after the law goes into effect.
Paul Clark has written an article where he notes that if you use of most Title II firearms during a crime of violence or drug trafficking you are subject to a 30 year mandatory minimum sentence. It appears that the 30 year sentence applies to the possession and its use is not required. Note this applies even if you are legally in possession of the silencer by ownership in a NFA Trust, corporation, LLC, or individual ownership.
While the data appears to show that the use of a silencer or most other Title II firearms in a crime is a rare occurrence, individuals might take this into consideration when using silencers on personal firearms when there is a chance that they might be charged with a crime of violence, such as defending yourself.
While many states have stand your ground statutes or castle doctrines, its possible that overzealous self-defense can lead to criminal charges. If the charges are in the federal court, you could be looking at enhanced penalties like those described in 18. U.S.C. Section 924(c)(1).
If a NFA Trust or Gun Trust is not funded, it does not exist. It's important to have a trust funded for it to exist. This is one of the reasons ATF requires an Schedule A or Assignment Sheet. This shows that there are assets in the trust. Many Trusts are rejected by ATF as invalid because of their appearance of being invalid by not having any assets. Many states do not have a requirement to include a list of assets with the trust or even proof that it has been funded but ATF has a checklist and will not approve a transfer to a trust without including a Schedule A or Assignment to the trust. If you trust was rejected by ATF and would like to know why, we and our network of over 100 lawyers can help you determine what needs to be done to your trust and if there are problems with the design of your trust in regards to NFA firearms.
Lately we are seeing many people whose Trusts are being rejected by ATF. It appears that ATF has finally decided to try to determine if trusts are valid before allowing people to use a Form 1 or Form 4 transfer.
The bad news is many individuals are finding out that Quicken is not up to date in some states like Florida, and that copies of Quicken or trusts created by others may not be valid under current laws or the laws of other states.
There is a dealer is Jacksonville, who has been preparing invalid trusts for their clients. Not only is this the unauthorized practice of law, a crime in Florida and other states, but they do not understand the importance of understanding the individuals circumstances when preparing a trust. Quicken in general is a really bad tool to use in Florida because it does not comply with many of the 2007 Trust Code Revisions (Yes revisions that were made public more than 4 years ago). For more information on this you might read Using Quicken to Prepare a Trust: The Good, the Bad, and the Ugly.
As I head out to Knob Creek for the Machine Gun Shoot, I am sure I will year many horror stories involving ATF and invalid trusts. If you need help fixing a problem with an invalid trust give us a call, click live chat, or send us an email and we will help you prepare a valid trust that deals with your unique issues and circumstances and your local states laws. We work with attorneys in most states and prepare NFA Firearms trusts. Generally we are providing information based on the NFA and the local attorney provides the state trust and firearms law expertise.
Next weekend is the Bi-Annual Machine Gun Shoot at the Knob Creek Gun Range. Over 15,000 people and 800 vendors are expected to attend. If you are planning on attending let me know and perhaps we could meet at the show. Here is a link for some general information and here is the 2010 Machine Gun Shoot Schedule
Knob Creek Gun Range
690 Ritchey Lane
West Point, KY 40177 map.
While its legal to give someone a form for a trust or will to fill out, its illegal for a non-lawyer to help them complete the form or fill it out for them. Gerry Beyer of the WIlls, Trust & Estate Prof Blog brought my attention to this issue. Many software manufactures, firearms manufactures, gun stores, and individuals do not understand that the act of helping someone create legal documents without a license to practice law is the Unauthorized Practice of Law (UPL) and a crime in every state. The reason these actions are prohibited by state law is that individuals without the proper legal knowledge and background tend to give wrong, inaccurate, and misleading advise to others who can be harmed by the misinformation.
Take for example the Silencer manufacture in the Midwest, who use to post a free trust for their clients. While a lawyer could have taken that trust and completed it correctly, it was missing some very important language which made the trust invalid in almost every state. The ATF was approving these trusts for a while, but as these individuals have been going back to make new purchases, they are being told that their trust is not valid.
Likewise, there are many examples of Quicken trusts that are posted on the INTERNET. Besides being inappropriate for NFA firearms, which a non-lawyer would not understand, many are not valid in other states. We have seen many people trying to use an Arizona trust in Florida. The problem is Florida has different requirements for a valid trust than Arizona and while if the trust was created in Arizona it might be valid, if it is created in Florida it will not comply with the Florida Trust Code. We see these issues all over the country and this is why we work with more than 100 lawyers in over 40 states to help individuals and their families prepare valid trusts that deal with the unique issues of NFA firearms ownership, transfer, possession, and use.
Apparently LegalZoom is the latest company to be sued for UPL because they were offering customized wills and information on how to modify their will and change payable on death accounts and joint property deal with estate planning issues.
If you are looking to prepare a trust for any purpose, you should have your individual circumstances and objectives reviewed by a lawyer who can then make suggestions and give you options based upon what makes sense for you and your family.
PublicationATF 5300.4 in 27 CFR 479.102 (page 92) describes what is necessary to engrave on a SBR or SBS when one is manufacturing. This is not necessary if you purchase one that is already manufactured as it will have been done for you.
1) On the Frame or Receiver the Serial number;
2) on the frame, receiver, or barrel the following additional information;
B)The caliber or gage;
C)Your name or name of the Trust in the case of a Trust (no abbreviations are permitted for the Trust name);
D)The city and state (you can abbreviate the state with the official 2 digit state code)
The above mentioned information must be engraved, casted, stamped (impressing) or otherwise conspicuously placed or caused to be engraved, cast, stamped (impressed) or placed to a minimum depth of .003 inch and in a print size of the Serial number shall be no smaller than 1/16 inch.
Recently I was asked by one of the attorneys I work with about provisions for a will to deal with the NFA firearms that an individual owns outside of their trust. I wrote something on this topic which can be found on my Florida Estate Planning Lawyer Blog in an article How to deal with NFA and Non NFA Firearms in a Will
The Topics to be covered are
- McDonald v. Chicago: From Heller to Chicagoland: Incorporation of the 2nd Amendment
- Future Areas of Litigation
- "Presumptively Lawful" Restrictions after Heller & McDonald
- Concealed Carry Licenses & Licenses Required to Possess or Acquire a Firearm
- Self-Defense Laws and Cases
- International Arms Control Treaties and Agreements
- Federal Laws Governing Firearms Possession
- Domestic Protective Order and Misdemeanor Domestic Violence Convictions
- The Restoration of Rights after Prohibition
- NFA Trusts and Major Provisions of the National Firearms Act (NFA)
- Representing the Federal Firearms Licensee (FFL)
- The Application of Environmental Case Law to Managing Outdoor Shooting Ranges
- Mental Health Prohibitions and Processes: An Area of Growing Concern for Veterans
For more information on this seminar please visit the NRA Foundation Law Seminar Website
Some are calling McDonald v. Chicago - Heller for the rest of us.
A few minutes ago, at 10 AM EST the Supreme Court of the United States began hearing the oral arguments in McDonald v. Chicago, a major Second Amendment case that is expected to determine if states and cities must comply with the Second Amendment of the US Constitution.
We are often approached by individuals who have formed trusts and want to know if they can upgrade the language in their trust to take advantage of the provisions in our NFA Firearms trust.
This can be done by amending and restating your existing trust and is a simple process. The process involves a review or your trust as well as an interview to determine what you are trying to accomplish, your family situation, and ways to reduce future taxes as well as legislative changes involved with the transfer of NFA firearms in the future. Once a plan is made, we simply amend your trust to our new trust and the changes become effective upon execution of the new documents.
If you have pending transfers it is possible to contact ATF and let them replace the document in your application and when it is approved it will be under the new trust document. The lawyers we work with do not charge any extra for this process if the review is done at the time when the new trust is ordered. If you just would like your trust reviewed, the typical cost is $150. If you later decide to upgrade your trust, $100 of the fee is waived, but if you determine you want to upgrade your trust from the beginning there is no additional fee over the cost of the trust.
The NFA Firearms Trust that we and our lawyers use is a copyrighted document. We have had several individuals ask us what this means in regards to its use.
When you purchase a NFA Gun Trust, you are permitted to make a copy of the trust for your own use and for submitting to the ATF. You are not permitted to copy the text and post it online, provide it to another individual for their use, or provide it to an attorney to copy to create trusts using our language. In addition, you are not permitted to remove our copyright notices from the documents and doing any of the above can result in civil damages for lost profits or statutory damages of up to $30,000 for each act of infringement. If a court determines that a violation is willful or intentional the liability increases up to $150,000 plus attorney's fees under Title 17, United States Code Sections 504 and 505.The copyright covers the text of the trust as well as the instructions / memorandum.
Recently it has come to our attention that a lawyer is using our copyrighted text and incorporating our wording and protections into their own trusts. We take this very seriously and expect others to do the same.
We have invested hundreds of hours in creating our NFA Firearms Trust and supporting materials and offer it to the public at a fair price. In order to continue to offer our work at a fair and reasonable cost, expect that our clients and competitors to respect our rights and help us maintain our copyrights.
If you have a copy of our trust or believe you have received an improper copy of our trust and would like a proper license to use our language please Contact Us so that we can properly license you and provide the support and upgrade options that goes along with our documents.