October 6, 2008

Estate Transfers of Class 3 Weapons

If you want to purchase a Class 3 firearm from an estate a class 3 dealer must be used as a transfer agent if the items will be crossing state lines.  If the executor, item, and the purchaser are in the same state there is no reason to use a class 3 transfer agent unless your state requires this.

This is the same whether the class 3 firearm is going to an heir of the estate, a business, or an individual.

If you have a question about the transfer of weapons under the National Firearms Act  you should contact a Gun Trust Lawyer®.
October 2, 2008

Prohibited Persons and NFA Trusts

Just like with transfers to individuals, a trustee of a NFA firearms Trust can not be a prohibited person.  It is important that if all trustees certify that they are not prohibited if a trust contains class 3 firearms.  If a trustee becomes a prohibited person they must resign and the ATF must be notified of the change.  If there is no trustee, the settlor must appoint a new qualified trustee and also notify the ATF of the change in the trust.  The following persons are prohibited from receiving a firearm or being a trustee in a trust that contains items restricted by the National Firearms Act:
  1. anyone who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
  2. any fugitive from justice;
  3. any unlawful user or who is addicted to any controlled substance;
  4. anyone who has been adjudicated as a mental defective or who has been committed to a mental institution;
  5. any alien who is illegally or unlawfully in the US or except as provided in 18 U.S.C 922(y)(2), has been admitted to the US under a non-immigrant visa;
  6. anyone who has been dishonorably discharged from the Armed Forces;
  7. anyone who was a US citizen and has renounced his or her citizenship;
  8. anyone who is subject to a court order that:
    1. was issued after a hearing of which such person received actual notice and at which such person had an opportunity to participate;
    2. restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
    3. (I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury, or
  9. anyone who has been convicted in any court of a crime of domestic violence; to ship or transport in interstate or foreign commerce,  or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
If you have questions of whether you are a prohibited person or trustee in terms of NFA items, you should Contact a NFA Trust Attorney.
October 1, 2008

How to Fill out an ATF FORM 4 For NFA Class 3 Purchases

Many People have asked, How to fill out a form 4 when making class 3 purchases.  Because of this, we have added a page on this topic.  Please see

How to Fill out an ATF FORM 4 For NFA Class 3 Purchases

If you need help forming a trust, please Contact to find a Gun Trust Lawyer® in Your State.

September 29, 2008

Kansas (KS) What NFA Firearms can I own? Updated

Kansas NFA Class 3 firearmsThere 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 Kansas (after July 1, 2008) you can own the following items that are regulated the the National Firearms Act
Machine Guns
Any Other Weapon (AOW)
Destructive Devices (DD)
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
In Kansas you cannot own the following NFA restricted items.

Follow this link to find out more about Kansas and NFA restrictions on Class 3 Firearms
September 15, 2008

ATF requirements for submitting ATF 5320.4 (Form 4)

It is important to remember that the ATF will not accept your form 4 unless it is two sided.  The two pages need to be photocopied on to a single sheet of paper or the form will be rejected.

A form 4 is the application for tax paid for transfer and registration of a Firearm that is restricted by the National Firearms Act (NFA)
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.