September 15, 2008

Where do I mail my Form 4?

When transferring firearms that are restricted by the NFA, it is important to mail your Form 4 to the proper address.  There are several addresses floating around but at this time all Form 4's should be mailed to the following address:

National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms, and Explosives
P.O. Box 530298
Atlanta, GA  30353-0298
The same for is used when you are purchasing as an individual, business, or NFA Firearms Trust.

September 10, 2008

Gun Trusts and Pennsylvania Elective Share Statutes

If you have a NFA Firearms trust and live in Pennsylvania you should take the PA statute 2203 into consideration.  In Pennsylvania and many other states a surviving spouse has a right to an elective share of the decedent's estate.  Generally these are around 1/3 but vary by state. 

The elective share is designed to make sure that the surviving spouse is not disinherited from the spouse when they die.  In PA the spouse is entitled to 1/3 of property owned by the decedent including property in a revocable trust.

It is possible to have your spouse waive their right in regards to a specific piece of property.  For those of you creating Gun trusts where the spouse is not a co-owner or a beneficiary, it would be wise to have the spouse waive their right to that property so that the property is sure to pass to your intended beneficiary.

Even if you create your NFA gun trust prior to a marriage, you may consider having a future spouse waive their right to that property prior to or shortly after marriage to avoid potential problems in the future.

If you need a NFA firearms trust Contact a NFA Gun Trust Lawyer®
September 4, 2008

Sarah Palin Rifle Training

Saw this on YouTube and thought you might enjoy it.

September 4, 2008

What if my NFA Firearm is modified?

If you modify the configuration of your NFA registered Firearm you should notify the NFA Branch in writing so that the NFRTR can reflect the accurate description of the firearm.
September 3, 2008

What if I lose my NFA Firearms Registration Documents?

If you lose your registration documents you are required to immediately report the theft, loss, or destruction in writing to the NFA Branch.

The report must contain the details of the situation. ATF will issue a duplicate copy of the registration document as circumstances warrant.
September 1, 2008

What if I change my address and own NFA Firearms?

Registrants are not required to obtain permission from ATF to move NFA firearms within their State of residence.

However, if a registrant's address changes after the NFA firearms are registered with ATF, please notify the NFA Branch in writing of the change so the NFRTR can reflect the registrant's correct address.
August 31, 2008

What are the requirement for Storage of NFA Firearms?

To avoid unauthorized transfers, you must store NFA firearms so that no one else has access to them.

Firearms can be stored at locations other than the address on the firearm registration form, such as a safe deposit box. However, unless the registrant is a Federal firearms licensee who has paid the special (occupational) tax to import, manufacture, or deal in NFA firearms, the NFA Branch should be notified in writing of the new storage location.
August 29, 2008

How to move or travel with an NFA Firearm Interstate

Individuals, business entities, or trusts other than class 3 dealers or licensees must obtain permission from ATF prior to temporarily or permanently moving a machine-gun, short-barreled shotgun, short-barreled rifle, or destructive device interstate.

To obtain permission to move these firearms, you must submit either a letter requesting permission to move the item(s) or a Form 5320.20 to the ATF

If you are submitting the request by letter, please include the:
• Name of registrant;
• The firearm(s);
• The current location of the firearm(s);
• The location to which the firearm(s) will be transported;
• The date(s) and means of transportation (car, plane, boat, etc.); and
• The reason the firearm is being moved.

You must also indicate whether:
(1) the move is temporary or permanent;
(2) the move will involve a transfer of the title; and
(3) whether the possession of the firearm will violate local or State law at the destination.

The ATF Form 5320.20 includes these requirements.

Requests for interstate transportation will be denied by ATF if possession of the firearm at the destination will violate State or local law.

Registrants do not have to obtain permission from ATF to move a silencer or "any other weapon" interstate. However, if a registrant's address for these types of firearms changes after registration with ATF, please notify the NFA Branch in writing of the new address, so the NFRTR can reflect the registrant's correct address.
August 27, 2008

What if my NFA Firearm is Lost or Stolen?

As soon as you discover that your NFA firearm was lost or stolen, you must notify your local NFA branch office of the circumstances by providing the following information:

  1. The name and address of the person to whom the firearm is registered;
  2. The lost or stolen firearm, including the model, manufacturer, caliber or gauge, and serial number; and
  3. The date and place of the theft or loss, including details of the situation.
This report must be made within 48 hours of discover.  In addition, you must notify your local law enforcement authorities within 48 hours of discovery.

You may call the ATF at our 24-hour, 7-day-a-week, toll-free hot line number, 1-800-800-3855.

In addition, you must also file an ATF Form 3310.11 (Federal Firearms Licensee Theft/ Loss Report) within 48 hours.

If you are a Licensee, you should provide their license number.
August 27, 2008

What if there are NFA firearms in my Estate?

If an estate includes registered NFA firearms, the executor is responsible for maintaining custody and control of the NFA firearms.  The executor must also arrange for transfers of the items. The executor should transfer the items prior to the close of probate.

WARNING:  The Firearms may not be transferred to another party even a Federal firearms licensee, for consignment or safekeeping but can assist the executor by acting as a broker.

If there are unregistered NFA firearms in the estate, the firearms are contraband and cannot be registered by the estate or any person or entity. The executor should contact their local ATF office to arrange for the abandonment of the unregistered firearms.
August 22, 2008

Florida hunting, Machine Guns, and Silencers

In Florida, it is not legal to use a Machine Gun or Silencer when hunting.  For more information see the 2008-2009 Florida hunting Regulations handbook which is available on the web page
August 22, 2008

Pennsylvania (PA) What NFA Firearms can I own? UPDATED

Pennsylvania NFA Class 3 firearms
There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In Pennsylvania you can own the following items that are regulated the the National Firearms Act

Machine Guns
Any Other Weapon (AOW)
Destructive Devices (DD) (except bombs)
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
In Pennsylvania you cannot own the following NFA restricted items.
None but all Bombs are prohibited as Offensive Weapons

Follow this link to find out more about Pennsylvania and NFA restrictions on Class 3 Firearms

August 20, 2008

South Carolina NFA Trust Lawyer

South Carolina NFA Trusts are a specialty. We have a local attorney who is licensed in South Carolina and works with us to prepare South Carolina NFA Gun Trusts based upon your individual needs and circumstances.  There is no reason to visit our office to create the Firearms Gun Trust as it can be completed and discussed over the phone and by email or us mail.  The time to complete the South Carolina Firearms Trust is less than 2 days.

If you want help creating a South Carolina Firearms Gun Trust for the Purchase of NFA class 3 items Contact Us to get int ouch with a South Carolina NFA trust attorney in your area.

August 20, 2008

Texas NFA Trust

Texas NFA Trusts are a specialty. We have a network of attorneys and lawyers in Texas that can help prepare a Texas NFA Gun Trust.  A Texas NFA Firearms trust should contain the latest provisions to protect your rights and your family from the procedural mistakes often made with other trusts.

It has come to our attention that some attorneys have copies language from our older trusts and are marketing these as NFA firearms trusts.  These documents are inferior to the 2008 Texas NFA firearms trust and should not be confused with the documents we produce.  Attorneys who are using our trusts will have and a copyright notice on the bottom of each page of the trust.  If you need help finding a Texas Firearms Trust Lawyer for creation of a Texas NFA trust Contact Us to get in touch with a Texas NFA trust attorney in your area.

August 20, 2008

My Friend Knows the combination to my gun safe. Is this a problem?

If you have class 3 firearms and someone other than you knows the combination to your gun safe you could both go to jail.  This is a concept called constructive possession.  If you have given someone the ability to access your class 3 firearms, you have violated the NFA.  If someone has the ability to access your class 3 firearms, they have violated the NFA.

The best way to solve this problem is by creating a business entity or trust that allows the person to be in possession of the items.  If you already own the class 3 items you will have to do another transfer from you personally to the NFA trust.

This is one of the many issues that should be identified and discussed prior to creating an NFA firearms trust.

To determine the correct people to name as co-trustee's in your NFA Firearms / Gun Trust Contact a Gun Trust Attorney.