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.
July 8, 2008

Valid Reasons for NFA trust in other State

Generally when creating a NFA trust, one must look to the laws of their state and how they affect the right to own a class III firearm.

What happens if you live in New York or any state where some Class III firearms are banned but plan to use and keep them in another state where they are legal?  Can you a resident of a state where the item is banned purchase, store, and use the items in a state where its legal.

According to the ATF,  an individual can purchase an item restricted by the NFA that is not permitted in the state of residence of the trustee, when the trust will be located, and item will be only used and maintained in states where it is legal.

This means a NY resident can purchase a class III firearm in PA when it is under a PA trust and the firearm is kept and used in PA.

July 7, 2008

Automatic Weapons and Segway in China

segway.jpgFiring Automatic Weapons From A Segway

Saw an article on the China Daily News site that armed police are using Segways in their anti-terrorist activities as they prepare for the Beijing Olympics.

I have seen police use Segways's but not like this before.

July 5, 2008

What should I do if I am in possession of an Akins Accelerator?

What should I do if I am in possession of an Akins Accelerator?

You should immediately remove the spring from the Akins Accelerator. This spring should be mailed (with the certification described below) to the Chief, Firearms Technology Branch, 244 Needy Road, Martinsburg, WV 25405. You should be sure to include your name and address with the spring so that ATF can account for all the devices which have been sold. The following certification should be completed, signed, and returned with the spring.

Certification

I, _____________________________________, certify that the enclosed spring was removed from my Akins Accelerator and sent to the Bureau of Alcohol, Tobacco, Firearms and Explosives on __________________(date). I understand that replacing the spring on the Akins Accelerator constitutes a violation of law.
_______________________       _________________________
Signature                                      Date


What should I do if I purchased an Akins Accelerator from the Akins Group but have sold it or otherwise disposed of it?

If purchasers have sold or otherwise disposed of the Akins Accelerator, they should complete the below Transfer certification and return it to Chief, Firearms Technology Branch, 244 Needy Road, Martinsburg, WV 25405. Do not ask the purchaser to return the Akins Accelerator to you; the current possessor should return the spring to ATF at the above address. The possessor should also include the name and address of the person from whom they received the Akins Accelerator, along with the certification regarding the spring, so that ATF may account for all the Akins Accelerators that were sold.

Transfer Certification
I, _____________________________________, certify that I am no longer in possession of the Akins Accelerator that I purchased from the Akins Group. I transferred the Akins Accelerator to _____________________ on _______________________ (date).

What should I do if I have a device that I think may be affected by the ruling?

If you have a device that you think may be affected by the ruling you may send it in to
Chief, Firearms Technology Branch, 244 Needy Road, Martinsburg, WV 25405, and
request a classification.
July 4, 2008

Missouri to allow Some Silencers as of August 28, 2008

Missouri House Bill 2034 SECTION 571.020

This act allows licensed importers, manufacturers, dealers, or collectors to possess, manufacture, transport, repair, or sell a firearm silencer as a curio, ornament, or keepsake.

Currently, it is not a crime for a person to possess, manufacture, transport, repair, or sell a firearm silencer if such action was incident to dealing with the silencer as a curio, ornament, or keepsake, or it is used in a lawful dramatic performance, but only if the silencer is in a non-functioning condition. Under this act, the silencer would not have to be in such non-functioning condition.

This section is identical to certain provisions to SCS/SB 1172 (2008).

July 4, 2008

Pennsylvania's UFA: Crimes Committed with Firearms

Pennsylvania's UFA: Crimes Committed with Firearms

    18 PA.C.S. § 6103 deals with crimes committed with firearms. Specifically, "If any person commits or attempts to commit a crime enumerated in section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) when armed with a firearm contrary to the provisions of this sub-chapter, that person may, in addition to the punishment provided for the crime, also be punished as provided by this sub-chapter." (18 PA.C.S. § 6103).

July 4, 2008

Lost of Stolen NFA Registration Documents

I got a question from someone to day about what to do if their Class 3 registration papers are lost.  I found the answer on the ATF website under the NFA Handbook in Chapter 3.

Section 3.5 Lost or stolen registration documents. A person possessing a firearm registered as required by the NFA must retain proof of registration, that is, the registration form showing registration of the firearm to the person, which must be made available to ATF upon request.53 If a registrant discovers that a Form 1, 2, 3, 4, 5, 6A, or 10 is stolen, lost or destroyed, the registrant must immediately report the theft, loss, or destruction in writing to the NFA Branch.54 The report must contain the details of the situation. ATF will issue a duplicate copy of the registration document as the circumstances warrant.

If you need to contact a local ATF field office follow this link for the AFT field division contact information.