October 28, 2008

Child Killed by UZI: Did gun show Violate the National Firearms Act

Uzi.jpgThis week an 8 year old child shot and killed himself at a gun show in Massachusetts.  For a good analysis of the potential negligence claims involving a child using a Machine Gun look at David Wolf's Florida Child Injury Lawyer Blog. This unfortunate incident goes to show the dangers of letting children possess or use a Machine Gun.  The NFA prohibits the transfer of weapons to children without an approval, except transfer of an item to a gun store employee or other licensed reseller.  Section 5845 (j) of the NFA defines transfer: 

The term. 'transfer' and the various derivatives of such word, shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of.
It appears that even though the gun show organizer may have been able to allow the child to shoot the Uzi under state law with the permission of the parent, the gun dealer was in violation of the NFA for transferring or loaning the weapon to the child.

In addition it is illegal under Chapter 5861 for any person to receive or possess a firearm transferred to him.

Not only was it a violation of the NFA to allow the child to be in possession, but the child was also in violation of the NFA for being in possession of the UZI. 

This unfortunate incident only goes to show the importance of safeguarding NFA firearms from the use or access of others.  If you own a machine gun as an individual and die, your child could inherit the machine gun.  As we have too often seen, some children cannot comprehend the dangers of guns.  A properly drafted NFA Firearms trust can protect young children from gaining access to restricted firearms or any firearms until the child reaches a specified age and others determine that they are legally and mentally stable and responsible enough to manage a firearm.
October 16, 2008

What happens if I travel with my Class 3 Firearms regularly?

An individual may submit ATF Form 5320.20, to temporarily or permanently transport his firearm in interstate commerce.  The ATF will approve this form for up to one year as long as the individual is going back and forth to the same location.  In that way the individual does not have to ask for permission every time they wish to move the firearm in interstate commerce.  There is a place on the form to indicate whether the move is permanent or temporary; the 5320.20 may not be used to transfer title and the ATF will check to see if the State indicated allows for the possession of the type of firearm to be transported.

If you have a question about class 3 firearms ownership, possession, or transfer please Contact a Gun Trust Lawyer®.
October 9, 2008

What happens if I move before taking possession of Class 3 firearms?

In the rare event that you change states between the time you send in your form 4 transfer tax and the time it is approved you must void the original transfer and make a new application from the state you moved to.  If it is purchase by an individual, you must also obtain a new law enforcement signature prior to resubmitting the forms.  The ATF is able to use the transfer funds from the previous transfer and the fingerprint cards as long as the dealer that voids the transfer contacts the ATF prior to sending in the void and requests that they use the same fee and not refund the money.

This may be a good opportunity to evaluate the additional benefits that a NFA firearms Trust offer
over individual ownership.  For more information Contact a NFA Trust Lawyer.
October 7, 2008

Palm Pistol - An Ergonomic Firearm with a Combination Lock

palmpistol.jpgWorking with many elderly clients in my Florida Elder Law and Florida Estate Planning Law firm, I like to report on items that tend to make life easier and have yet to see another product like this.  As people age, they often develop medical issues that would prevent them form being able to use a normal firearm to protect themselves, their family, of their possessions.  The Palm Pistol seems to have solved many of those problems by creating a single shot pistol with a combination lock and a thumb trigger.

The thumb is often much stronger than ones forefinger and in the case of an individual that has lost a finger, the Palm Pistol offers the ability to use ones thumb instead of a finger.

The initial price of the pistol is $275 for those who pre-order and will be $300 after shipping.  For those who need protection this seems like a reasonably priced solution.   They have posted a letter form the ATF that classifies this as a standard pistol.

There have been some concerns that the gun would be classified as an AOW.  If that should happen, a NFA Gun Trust would allow individuals to purchase the item in most states for a $5 transfer fee that is associated with the purchase of an AOW. 

NOTE:  AOW's are not legal in every state, so you would have to check your state's laws to see if AOW's are permitted.  But for now, it appears that the ATF will consider this a normal pistol.

For more information on this please contact
Constitution Arms

12 Hoffman Street, Maplewood, NJ 07040-1114

973-378-8011 mcarmel@constitutionarms.com www.constitutionarms.com

October 7, 2008

New Jersey (NJ): What NFA Firearms can I own? Updated

New Jersey 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 New Jersey you can own the following items that are regulated the the National Firearms Act

Machine Guns *
Any Other Weapon (AOW)
In New Jersey you cannot own the following NFA restricted items.
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
Destructive Devices (DD)

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

* Machine guns - Onwership for persons is regulated under N.J.S. 2C:58-5
NOTE: In New Jersey, AOW's are limited

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.