August 19, 2008

I used Quicken to make an Firearms trust, now what?

If you are one of the many people who have used Quicken to create a Revocable Trust for the purchase of Class 3 Firearms who is concerned about having created an invalid trust and having violated the National Firearms act, we can review your trust to see if the trust is valid and make suggestions as to what issues you may be concerned with.

At this time we can only review Florida Trusts for validity, but if you want a trust from a different state reviewed let us know and we will find you an attorney in your state to help with your NFA Firearms / Gun Trust     Contact a Gun Trust Attorney for more information.
August 19, 2008

How many Trustees should a Gun Trust Have?

This is a personal question that can  only be determined after evaluating your particular circumstances.  Some of the questions that must be answered include, whether you are married, if so, does your spouse have access to the weapons, do you want your spouse to have access?  Is there someone else who you shoot with?  Does anyone know the combination to your gun safe?

To determine the correct people to name as co-trustee's in your NFA Firearms / Gun Trust Contact a Gun Trust Attorney.
August 19, 2008

Is it necessary to name a Settlor in a Gun Trust

Yes a settlor is required for each NFA trust.  The Settlor is the person who is contributing the property to the trust.  They receive the benefit of the trust while there are items in it.

They may not manage or use the property as this is a job for the Trustee.  The Settlor may be a trustee also.

If you need a Gun Trust reviewed or to create one, Contact a Gun Trust Lawyer®

August 18, 2008

Virgina removes Tennesse Handgun Permit from Reciprocity-Updated

Updated 820-2008
Virginia has returned Tennessee to the list of states in which it honors handgun permits.

Virginia currently honors

Alaska, Florida, Kentucky, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, and West Virginia  

Florida and West Virginia do not honor Virginia permits.
The following states honor each Virginia's and Virginia honor's theirs
Arizona, Arkansas, Louisiana, New Mexico, Michigan, Missouri, Montana, Oklahoma, and Utah

Listing of states of which Virginia will grant recognition to valid permit holders:

Minnesota, South Carolina, Washington, Wyoming


Although Virginia will grant recognition, these states may not authorize Virginia permit holders to possess a firearm in their state. You will need to contact each state to determine if they will recognize your Virginia permit.

August 18, 2008

Disney Complies with New Florida Gun Law

mickeymoustwithagun.jpeg

Walt Disney revised its employee gun policy according to the Associated Press. With the change, Employee's with a concealed-weapons permit will be allowed to be kept a gun in the employee's car on facilities outside the Resort area.   The AP reported that a spokesman for the Attorney General stated that Disney's new Firearms Policy complies with the state law.

Previously Disney claimed that their entire organization was exempt from the new law.
August 13, 2008

NFA Criminal Conduct

The National Firearms Act defines what is criminal conduct.  The prohibited activities include but are not limited to:

  1. Engaging in the business of firearms (manufacturing, importing, selling) without a license and tax;
  2. Receiving a firearms in violation of the act;
  3. Possessing a firearms in violation of the NFA;
  4. Receiving or possessing a firearms not registered to yourself in violation of the NFA;
  5. Transferring or making a firearm in violation of the NFA; or
  6. Removing, changing, or obliterating a serial number of an NFA firearm.
Many individuals are under the mistaken belief that they can allow someone to shoot their NFA firearm when in their possession.  Although a dealer license allows this, the individual license does not and both individuals would be in violation of the NFA and subject to the criminal penalties as such.

If you would like someone else to be able to use or be in possession of your NFA firearms, you should consider a NFA gun trust or business entity to purchase or hold the item in.  For more information Contact a NFA Lawyer.

August 12, 2008

NFA Firearms and Criminal Penalties

Violations of the NFA are punishable by 10 years in prison, forfeiture of all devices or firearms in violation, and the individuals right to own or possess additional firearms in the future.  In addition, there is a penalty of $10,000 for each of certain violations.

In addition, a willful attempt to evade or defeat a tax imposed by the National Firearms Act is also a felony which is punishable by up to 5 years in Jail and a $100,000 fine under the tax evasion statutes.  This penalty could be increased to $250,000 for individuals and $500,000 for corporations.

This means you could be looking at a maximum of 15 years in Jail and $510,000 in penalties for a violation.   Many violations can be avoided by proper ownership and knowing who can be in possession and use the Title 2 firearms which are restricted under the NFA.

There may be additional state penalties in addition to the federal one mentioned above.  A properly constructed NFA trust is the best way to own these items and permits the best flexibility as to possession and use.  Although a Revocable trust can provide benefits many individuals create invalid trusts or trusts that do not address the specific issues that relate to NFA weapons ownership and subject themselves to potential violations. 

To create a Valid NFA Firearms Trust that addresses your specific family situation, please CONTACT A NFA lawyer.
August 11, 2008

Massachusetts Machine Gun Restrictions

Although a person may purchase a machine gun as an individual or through a NFA Firearms Trust it should be noted that in addition to a trust for form 4 sign off by the local CLEO you will also need to comply with The General Laws of Massachusetts, Chapter 140 Section 131 (o) which states:

No person shall be issued a license to carry or possess a machine gun in the commonwealth, except that a licensing authority or the colonel of state police may issue a machine gun license to:

(i) a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel;

(ii) a bona fide collector of firearms upon application or upon application for renewal of such license.

If you need help contacting a Massachusetts NFA Firearm Trust Lawyer please Contact Us.
August 10, 2008

First Court interpretation of Florida Guns at Work Law

Florida Employers have to let employees keep guns in their cars if they have a concealed weapons permit. But, businesses can still have a no gun policy for customers for now.

U.S. District Judge Robert L. Hinkle  states that there is no second amendment right to bring your gun to someones property and  that customers would have the same right as employees under the new legislation but for the working of the statute which may be fixed later.

The law defines employer as a business with employees who own guns.
August 10, 2008

NFA Wepons and Crime

While the public perceives NFA weapons as dangerous Guncite.com reports that there have only been two murders since 1934 involving legally registered Machine Guns and one of those was by a police officer.
August 9, 2008

Annual Fees with NFA Gun Trust

Often I am asked if there are annual fees associated with a NFA Firearms trust.  In most states, there is no registration of a Firearms trust and because it is revocable there are no tax returns or governmental fees associated with the yearly maintenance of the NFA trust.  This is one of the major benefits of using a NFA trust over a Corporation or LLC to purchase class III firearms.
August 8, 2008

NFA Trust Formation

NFA TRUST FORMATION is a process of creating a Trust for the specific purpose of Purchasing Class III firearms and  transferring Class III firearms.  A NFA TRUST is specifically created to comply with the TItle II requirements in dealing with Class 3 firearms.  Class 3 Firearms are items regulated by the National Firearms Act ( NFA) and are typically sound suppressors, silencers, short-barreled shotguns or shotguns, and machine guns.

Most NFA Trusts are formed to bypass a CLEO signature, but there are many additional advantages to purchasing class 3 firearms with a NFA Firearms Trust.  These include dealing with issues of constructive possession, transfer of the assets upon death, and avoiding many of the improper purchases and transfers that contain criminal penalties.

NFA trusts are private, no one knows about them unless you disclose the information
Multiple people can be in possession or use the NFA class 3 firearms.
You can protect your spouse from potential criminal liability that is associated with individual ownership.
No CLEO sign off is required, no fingerprints
The time to acquire items is significantly reduced
August 8, 2008

NRA Presidential Poll - 90% McCain

The NRA is holding a presidential poll and it seems that 90% of the people who have voted would vote for John McCain.  If you would like to vote follow this link.

Current Results

90% John McCain2% Barack Obama8% Other
If the election for president were held today, which candidate would you vote for?
90% -John McCain
2% -Barack Obama
8% -Other
July 30, 2008

Can I send the Certificate of Trust to the ATF with My Form 4?

If you send the certificate of Trust your application will be denied.  You must send the full Firearms Trust with the Form 4 
July 30, 2008

NFA Gun Trust and Fees.

There are no yearly state or federal filing fees associated with a NFA trust.  We recommend opening a bank account at a bank that has no fees to keep the costs lower.  If the Trustee and the Beneficiary are different people the trusts require an annual Accounting. - A listing of the assets and their values