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
July 30, 2008

How do I Purchase More Class III Firearms with My Trust

You may use your NFA Firearms/Gun Trust to purchase items in the future.  Assuming you are in a state that allows the purchase of the items you desire, you may use your firearms trust to purchase additional items without creating a new trust.

You can purchase items this year, next year and in the future with a NFA trust as there are no limits to the number of items that the trust can contain or purchase.
July 30, 2008

Who will know about my NFA Firearms Trust

Only the ATF and those you choose to tell will know about your NFA Gun Trust.  Like most revocable trusts they are not kept on file in most states so there is publicly available information on who created, manages, benefits from or what is contained in the trust.
July 29, 2008

What Needs to be sent in with my Form 4 to purchase a Class III Firearm?

When you fill out your form 4, a check for the fee, a copy of the full declaration of trust, and an assignment of the weapon should be sent in with the application. 

July 28, 2008

Gun Owners of America T-Shirt

gunownerstshirt.jpg
A NFA Gun Trust client of mine sent me this today and though some of you might enjoy it.

Updated 12/9/2008
After receiving many inquiries as to where this T-Shirt can be purchased I decided to search the web and found a link you can use.
July 20, 2008

German Light Panzer Machine Gun

I have decided to begin to show some of the more interesting NFA Firearms my clients have acquired or transferred using a Gun Trust.  Below is a German Light Panzer Machine Gun.

M34-YSD-10_small.jpg

If you have a unique class 3 items in your possession and would like us to post a picture of it, please <a href="http://www.guntrustlawyer.com/contact.html">Contact</a> me.
July 16, 2008

"Right to Keep and Bear Arms" after issuance of the Heller decision

Neil Hendershot of the Pennsylvania Elder, Estate & Fiduciary Law Blog and Josh Prince wrote a three part series on the Right to keep and bear arms after the Supreme Court decision in Heller.


July 15, 2008

Florida CCW and Machine Guns

A client of mine recently brought to my attention the fact that there is an exception in Florida Statute 706.06 for Machine Guns as defined in Florida Statute 790.01(9)
790.06(1) states that:

For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).
So next time your traveling with a machine gun in Florida, make sure its not concealed.
July 14, 2008

ATF COMMENT ON HELLER DECISION

ATF Acting Director ATF Michael J. Sullivan released the following statement on the recent Supreme Court decision in District of Columbia et. al. v. Heller: "ATF is pleased with the Supreme Court's ruling recognizing that the Second Amendment protects an individual right to possess firearms, including for private purposes unrelated to militia operations. The court's ruling is in accordance with the text of the Second Amendment, historical practice, and the Attorney General's 2001 guidance on the scope of the Second Amendment, and is consistent with the bureau's understanding of the scope of the Second Amendment. The Bureau also is pleased that the court appropriately made clear that nothing in [the] ruling casts doubt on the constitutionality of 'longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.' In addition, the court appropriately recognized that the 'carrying of dangerous and unusual weapons,' such as machine guns, is not protected by the amendment. The bureau is studying the decision, but expects that it will not affect its continued enforcement of all existing federal firearms laws."
July 9, 2008

Florida's Attorney General Taking Complaints of Rights Violations Under New Gun Law!

Panama City News has reported that A spokeswoman for Attorney General Bill McCollum has said that individuals can file complaints with the Attorney General's office if their right to have a firearm, locked in their privately owned vehicle in a parking lot, for self-protection and other lawful purposes is being violated by a business.
 
To file a complaint,  contact the Florida Attorney General's office by:
phone at 866-966-7226;
Online Contact page of the Attorney General; or
email at ag.mccollum@myfloridalegal.com.