August 29, 2013

Ohio Gun Trust- Ohio (OH) What NFA Firearms can I own?

Ohio NFA Class 3 firearms
In Ohio a NFA Trust or Gun Trusts can own all types of firearms including those regulated by the NFA.

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 Title II firearms - (Those sold by FFLs with a Class 3 SOT) in addition to the compliance that is required with the National Firearms Act.

In Ohio you can own the following items that are regulated the the National Firearms Act

Machine Guns
Silencers
Any Other Weapon (AOW)
Destructive Devices (DD)
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)

Follow this link to find out more about Ohio and NFA restrictions on Title II Firearms

If you would like more information on What a Gun Trust is and why you might need one as well as how to identity bad gun trusts you can contact us.


Updated Aug 29, 2013

August 16, 2013

Gun Trust and Submitting ATF Forms online

Yesterday, I decided to try out the ATFonline.gov Eforms submission. I found the process very easy to do and while a little confusing the first time, it seems rather intuitive. Below are the steps I followed:


  1. Register for an account at ATFonline.gov. The system is very picky and must be used with IE 8 or a recent version of Safari on OS X. Sorry no Firefox, Chrome, or even IE 7.
  2. Log in.
  3. Select the Form 1. Better to use the bar and move it with the mouse, it is very difficult to scroll through the forms. ATF needs to switch this to a drop down menu.
  4. Application - this is where you state whether you are tax exempt or will be paying a tax.
  5. Applicant - Select that you are not a FFL and then complete your information. You should list the Trust name as the Licensee / Permitee Name.applicant.jpg
  6. Add line items. You can use one application for multiple items. I choose to only do one SBR. It walked me through the process of selecting the manufacture from a list.line-item.jpg
  7. Upload electronic documents. This is where I uploaded my scanned Gun Trust Documents.upload.jpg
  8. Certify that Under Penalties of Perjury, I Declare that I have examined this application, including accompanying documents, and to the best of my knowledge and belief it is true, accurate and complete and the making and possession of the firearm described above would not constitute a violation of Chapter 44, Title 18, U.S.C., Chapter 53, Title 26, U.S.C., or any provisions of State or local law.
  9. Enter credit card payment information
  10. Sign and Submit. By clicking a check box, your application will be submitted.

Within a few minutes I received a confirmation email showing that I had submitted my application and it was Pending Research because the manufacture I had selected was not listed in their database. This morning I received a new update saying that my status was changed to Submitted/In Process. I will keep updating this blog as I receive more information but it already feels faster than the paper system.

It was interesting to see that there was no certification of citizenship that was required my many ATF agents in the past. We had always taken the position that a Trust is not a person and as such cannot have a citizenship. If you are submitting the paper forms, we still recommend submitting the Certification, in case you agent wants it. For instructions see http://www.GunTrustLawyer.com/certification.html.

ATF Online submission of Form 1 Status Updates.


  • Thursday August 8, 2013 Electronic Form 1 Submitted to ATF online
  • Friday August 9, 2013 Status changed to Submitted/In Process
    (with paper it will take 1-2 months and as much as 6 months to cash your check and change the status to In Process

August 15, 2013

An Introduction to Gun Trusts CLE September 11, 2013

introduction-to-gun-trusts.pngNFA GUN TRUST CLE

I have been asked to teach a CLE on Gun Trusts on September 11, 2013 for LawReview CLE.


Traditional estate planning can be problematic when dealing with firearms. This course will explain how a Gun Trust is designed to acquire, manage, use, and transfer firearms, including those restricted by the National Firearms Act of 1934.

The course outlines the different types of firearms, federal and state laws, as well as an analysis of how to use a Gun Trust.


The agenda will cover

Introduction
Types of Firearms
State Law
Federal Law
Types of Ownership
The Gun Trust
Ethical and Malpractice Issues
Conclusion


If you are an attorney and interested in becoming a Gun Trust Lawyer, you can also request information by filling the contact us form and checking the box to indicate you are an attorney.

August 13, 2013

Gun Trust CLE: "Bequesting a Felony" - Geriatrics and Guns

David Goldman will be facilitating a discussion at Elder Concert 2013. Elder Concert is a statewide conference for the elder care professionals that is presented by the Academy of Florida Elder Law Attorneys, the Elder Law Section of the Florida Bar, Florida Department of Elder Affairs, the Florida State Guardianship Association, the Florida Geriatric Care Managers Association, Florida Atlantic University and the University of South Florida.

'Bequesting a Felony - Geriatrics and Guns' will take place on Saturday, September 21, 2013 from 10:45am to 12:00pm in Boca Raton and on Friday, October 11, 2013 from 1:30pm to 2:45pm in Tampa.

August 12, 2013

Obama reported to sign UN Gun Treaty while Congress is on Vacation

Obama reported to sign UN Gun Treaty while Congress is on Vacation:

Obama.jpg
Jay Carney said Obama will sign the UN Arms Trade Treaty "before the end of August...We believe it's in the interest of the United States."

I have previously written on how the UN Arms Treaty can prohibit the future transfer of firearms for citizens of the United States. For the Treaty to become effective it must be ratified by the U.S. Senate. This requires 67 votes. You should contact your Senator and let them know you do not want them to approve the UN Arms Trade Treaty also known as the UN Gun Treaty.

To read more about the UN Gun Treat follow this link and for more commentary on the treaty follow this link

While the UN Gun Treaty could prohibit future transfers of firearms, a Multi Generational Gun Trust could protect your firearms for future generations by not subjecting the firearms to restrictions on the transfer of firearms to future generations. If you or your family has a firearms collection you would like to protect, contact us to find out more about our Advanced and Professional Gun Trusts.

August 8, 2013

California (CA) What NFA Firearms can I own? Updated

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

Machine Guns  (special permission is required)
Any Other Weapon (AOW) (except Pen Guns or Assault Weapons) *1
Destructive Devices (DD)
Short Barreled Shotguns (SBS)  (C&R only)
Short Barreled Rifles (SBR)  (C&R only)
In California you cannot own the following NFA restricted items.
Silencers
Pen Guns

*1 AOW's other than Pen Guns are ok as long as they are not an assault weapon.  With the exception of AOW assault weapons that were owned prior to the registrations period are ok.  AOW's are not required to receive a Curio or Relic classification.

Note In California most Class 3 items other than AOW's must be classified as a Curio or Relic  (C&R).

SBS and SBR, that are C&R  as well has AOW's as described above do not require any special state permits.

Permits for Machine guns and DD's are controlled and at the sole discretion of the DOJ and are rarely issued to civilians or anyone who is not involved in the movie industry.

CA's Assault weapons laws apply to assault weapons whether they are C&R or not.  An assault weapon in CA if meets certain requirements found in the statutes. One of these is  semi automatic center-fire rifle with  the capacity to accept a detachable magazine that has an overall length of less than 30 inches is an AW.  This would mean if you made (through a form 1) a SBR out of an M1 Cabine, it would likely be considered an AW under California law.

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


August 8, 2013

Suppressors and Hunting in NC - Legal as of 10/1/2013

North Carolina will become the next state to legalize hunting with a suppressor. As of 10/1/2013, a suppressor will be legal to use on firearms while hunting. The NC Wildlife Resource Commission made the changes which are not found in the NC statutes and also not found in the in the NC Hunting Regulations which were printed before the legislation passed. here is a link to the legislation as well as the press release. If you plan on hunting in NC after October 1, 2013, I would suggest keeping a copy of the legislation and press release with you as many police officers may not know that it will be legal to hunt with a suppressor after 10/1/2013.

Every time a state legalizes hunting with a suppressor, the sales of suppressors in that state dramatically increase which creates a longer approval wait time. Given that current approval times in most states is more than 6 months. it would be advisable to purchase your silencer now if you have any plans on hunting with a silencer in 2014. Remember that if you use a Gun Trust, you do not have to obtain your local sheriffs permission to purchase a silencer as well as creating the flexibility to have multiple authorized users. There are many things that are different with Title II firearms (lile suppressors) and it would be a good idea to request our free report on What is a Gun Trust and Why you might need one.

August 6, 2013

ATF Applications for Form 1 and Form 4 now taking 9-12 months

Last week I called the ATF to check on one of my personal applications and a new one that I recently filed. The person I spoke to told me that while older applications were taking 6-9 months, new applications were expected to take 9-12 months for approval.

The Firearmsblog has reported a similar conversation with ATF.

While we had previously reported that the ATF was increasing their staff by 30% it appears that this has not helped clear the backlog and they are more than 46,000 applications in the backlog.

August 5, 2013

Common Gun Trust and Free Gun Trust Mistakes

A NFA Trust or Gun Trust is a type of revocable living trust that is created for the main purpose of possessing Title II firearms. In our review of many so-called Gun Trusts we have seen that most do not properly address firearms ownership, transfer and possession. (If you have a gun trust you would like reviewed, just let us know and we woudl be happy to review it under the federal laws for free) Many are regular trusts and many only have a few firearms related terms. If almost every provision in your trust does not deal with firearms, it is not a real Gun Trust from a Gun Trust Lawyer®.

A Gun Trust is a NFA Trust that is appropriate for regular firearms as well as Title II firearms (those sold by Class 3 SOT FFLs). Often times, people who wish to purchase Title II firearms with a trust choose to hire an attorney who has not studied and does not fully understand the NFA and estate planning. As a result, many so called NFA Trusts or Gun Trusts other than those provided by a Gun Trust Lawyer® do not comply with the Gun Control act of 1968, the National Firearms Act and other local and state specific gun laws. These trusts often contain several defects or mistakes and may lead to illegal possession or transfer of Title I and Title II firearms.

Mistake #1: Omitted Necessary Provisions

A generic revocable trust often times does not contain necessary provisions that are necessary for the possession of Title I or Title II firearms. A real Gun Trust should mention several provisions, including but not limited to: National Firearms Act (NFA), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF or BATFE), ATF Form 1, Form 4, Form 5320.20, Title II firearms, prohibited persons, etc. An experienced Gun Trust Lawyer® will insert and define these terms into a Gun Trust to meet important requirements that are unique to Gun Trusts.

Mistake #2: Failure to include required provisions or execute the Gun Trust properly

Each state has its own requirements to create a valid Trust. While this is a Gun Trust it will have to be executed with the formalities required for type of trust that is used. Many states have signing requirements and these can differ depending on if the trust is revocable or irrevocable. In addition, it may be difficult for the ATF to recognize the trust as valid if one moves or the trust is attempted to be used from different states in the future. It is important to create the trust with the requirements necessary for ATF approval in each state to prevent problems in the future.

Mistake #3: The Trustee or Beneficiary is a Prohibited Person

Under the NFA, a "prohibited person" cannot own or possess any firearms. Thus, it is important that a valid Gun Trust not only mentions prohibited persons but also defines them so that future managers of the trust can easily identify illegal transfers. Your Gun Trust should make it impossible to appoint a prohibited person as a Trustee and properly deal with a beneficiary who is or later becomes a prohibited person so that you do not put your family or friends at risk or criminal prosecution. In addition, the state where the beneficiary lives at the time of your death, which is unknown at this time, must be dealt with to prevent firearms from being sent to a state where they are not legal.

Mistake #4: Title II Firearms Have Not Been Properly Transferred to the Gun Trust

A Gun Trust cannot legally own a firearm unless it is legally transferred into the trust. Simply signing a trust agreement does not transfer ownership of a firearm to a trust. A firearm must be transferred from the current owner, to the Gun Trust, according to applicable state and federal law. Opening a bank account in the name of the Gun Trust, and purchasing Title II firearms with the trust's funds (by using a check or debit card from the Gun Trust's checking account) is a simple way to ensure that the trust, and not you, owns the firearm(s). Your gun trust should be able to deal with the ability for you to purchase the firearms with personal funds and properly document the purchase so that invalid transfers do not take place. Our Gun Trusts come with the forms and instructions to help you properly purchase and transfer firearms to your Gun Trust. You should never use your own personal funds to purchase Title II firearms without proper documentation that it was done on behalf of you as Trustee of the Gun Trust as this can lead to the illegal possession of the firearms by co-trustees of the Gun Trust.

Mistake #5: The Gun Trust Allows a Beneficiary to Possess Title II Firearms

The majority of revocable living trusts or so called Gun Trusts allow beneficiaries and or other people to use, possess, and receive distributions of trust assets. A properly drafted Gun Trust prohibits a person who is a mere beneficiary from using or possessing a Title II Firearm. Only trustees or legally eligible authorized users under the terms of a Gun Trust have the legal right to use and possess Title II firearms owned by the trust.

The ATF changes the rules and interpretation of the NFA all the time. It is important to use a Gun Trust Lawyer® who keeps up with the changes and will not charge you every time you have a call or question regarding how to use your trust properly. Gun Trust Lawyers® will answer questions this week, next month, or next year about your trust free of charge. The unlimited support is include with your legally supported Gun Trust so you do not have to worry about future legal charges for questions or the next time ATF changes their procedure.

We have created over 5000 Gun Trusts for clients all over the country and work with lawyers in each state to have state specific issues dealt with. Today with families being located in multiple states and not knowing where your beneficiaries will live when you die, it is more important than ever to have your Gun Trust deal with multi state issues correctly. To find out more about Gun Trusts request information using our contact us form on this page or call us to begin the process.

August 3, 2013

ATF Electronic Forms Available for Form 1, Form 4, and Form 5

ATFonline.jpgFFL holders: get on it so you're squared away for your customers!
Gun Trusts can use this to submit an ATF Form 1 - 5320.1

"NFA eForms are finally here! ATF is pleased to announce the implementation of the NFA forms into ATF's eForms system. ATF Forms 1, 2, 3, 4, 5, 9 and 10 are currently available for eForms submission.

The submission of Forms 2, 3, 4, 5 and 9 can only be done by a Federal firearms licensee who has paid the special (occupational) tax for the current Tax Year.

If the submission of the form requires fingerprints, photographs, and the Law Enforcement Certification, the submission cannot be done using eForms - the application must be submitted on paper to the NFA Branch.

Accordingly, Forms 1, 4 and 5 may be submitted using eForms if the applicant maker or transferee is a legal entity, such as Gun Trust. The submission of the application will require that the documents establishing the Gun Trust be attached electronically to the application.

This means that the entire Gun Trust as well as any exhibits or attachments mentioned in the Gun Trust will need to be electronically attached to the application.

For Forms 1 or 4 that are submitted with making or transfer tax due, the tax payment will be made through Pay.Gov, just prior to the submission of the application. Pay.Gov is a system, of the US Treasury's Financial Management, that allows the submitter to pay the tax by credit/debit card or from a bank account. For detailed information on Pay.gov you can visit their website at www.pay.gov."

To begin the process you will need to register online with a 12 digit or more password that contains a number, upper and lower case letters, and a non alpha numeric character.
ATFonline-register.jpg

It appears you will also need to register with www.pay.gov to make the payment.
While a Gun Trust can only use the Form 1 at this time, Class 3 SOT FFLs can submit forms to transfer firearms to Gun Trusts but not individuals.

A Gun Trust is a term used to describe a revocable or irrevocable trust that has been customized to deal with the unique issues of firearms ownership, transfer, and possession. Many so-called Gun Trusts have significant problems and are little more than regular legal documents that do not deal with all of the issues involved with the purchase, transfer, and possession of firearms including those regulated by the NFA. To be sure you are getting a Gun Trust and not a regular trust you should contact a Gun Trust Lawyer®. If you have a trust that you would like reviewed for the federal issues, we will review them free of charge and let you know if we find significant issues that could cause problems and create criminal liability if the terms of the trust are followed.

Remember that just because the ATF approves a transfer to a trust, it does not make your trust valid or appropriate to use.

July 23, 2013

Advanced Armament 1911 R1 / Tirant 45 Suppressor Package

aac-pistol-660x241.jpgThis past Friday, thefirearmsblog.com released an article detailing Advanced Armament Corp.'s (AAC) new collaboration with Remington. The article announces the collaboration as "Advanced Armament Corp.'s first branded pistol," disregarding AAC's long time partnership with Nighthawk Custom.

Nonetheless, Advanced Armament has teamed up with Remington to offer the first-ever pistol/suppressor combo package with a retail price of $2,261.

The accuracy and reliability of the 1911 have been enhanced by the features this product exhibits. End consumers will be happy to know that this silencer and pistol combination is equipped with a Pelican case with custom cut foam, a Tirant45 silencer and (2) two magazines. The product also features high sites, a black threaded barrel, custom Grey VZ "Grenade" AAC logo grips, the Skull Xguns logo on the right side of the slide and "Advanced Armament Corp" on the left side.
This package is an AcuSport exclusive, and is only available to FFL Class III dealers who purchase through AcuSport. Since the silencer is a Title II item, if you purchase this new combo, keep in mind you will have to submit a Form 4 to ATF.

July 22, 2013

ATF requests Public Comments on Form 5320.1

The BATFE released a 60 day notice notice to make changes to the ATF Form 5320.1. This form is used to make or asemble a Title II Firearm under the National Firearms Act.

The changes would allow applicatnts to pay the transfer ta by credit card or debit card, and combine information currently captured on another form.

Here is a copy of what was published in the Federal Register Today under Notices

The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ''sixty days'' until September 20, 2013. This process is conducted in accordance with 5 CFR 1320.10.

If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Gary Schaible, National Firearms Act Branch at Gary.Schaible@atf.gov.

Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

--Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

--Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

--Enhance the quality, utility, and clarity of the information to be collected; and

--Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Summary of Information Collection
(1) Type of Information Collection: Revision of a currently approved collection.
(2) Title of the Form/Collection: Application to Make and Register a Firearm.
(3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: ATF F 1 (5320.1). Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: State, Local, or Tribal Government. Other: Business or other for-profit, and individuals or households.

Need for Collection
The form is used by persons applying to make and register a firearm that falls within the purview of the National Firearms Act. The information supplied by the applicant on the form helps to establish the applicant's eligibility. The
changes to the form are to allow applicants to pay the transfer tax by credit or debit card, combine information currently captured on another form, and the form size is now 81⁄2″ x 14″.
(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 9,662 respondents will take an average of approximately 1.63 hours to complete.
(6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 15,747 annual total burden hours associated with this collection.
If additional information is required contact: Jerri Murray, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, Department of Justice, Two Constitution Square, 145 N Street NE., Room 3W- 1407B, Washington, DC 20530.

July 10, 2013

Colorado & AG Statement on "continuous possession" and "designed to be readily convertible".

July 10, 2013

CONTACT
Carolyn Tyler Communications Director
720-508-6553
Carolyn.Tyler@state.co.us

COLORADO ATTORNEY GENERAL STATEMENT ON WITHDRAWAL OF MOTION OF PRELIMINARY INJUNCTION IN GUN LAWSUIT

DENVER--Parties in the case of Cooke v. Hickenlooper have reached an agreement to withdraw the plaintiff's motion for preliminary injunction. The parties have agreed to language that the attorney general and governor will provide as technical guidance. At issue was what it means for a magazine to be "designed to be readily convertible" to one in excess of 15 rounds and what it means for a weapon to be in the "continuous possession" of its owner. Specifically, the additional guidance is that:

Magazines with a capacity of 15 or fewer rounds are not large capacity magazines as defined in HB 13-1224 whether or not they have removable base plates. These base plates themselves do not enable the magazines to be expanded, and they serve functions aside from expansion--notable, they allow the magazines to be cleaned and repaired. To actually convert them to higher capacity, one must purchase additional equipment or permanently alter their operation mechanically. Unless so altered, they are not prohibited.

The phrase "continuous" possession in HB 13-1224 shall be afforded its reasonable, every-day interpretation, which is the fact of having or holding property in one's power or the exercise of dominion over property, that is uninterrupted in time, sequence, substance or extent. "Continuous possession" does not require a large-capacity magazine owner to maintain literally continuous physical possession of the magazine. "Continuous possession" is only lost by a voluntary relinquishment of dominion and control.

The following statement is to be attributed to Attorney General John W. Suthers:

"The Attorney General's Office is pleased with the agreement that provides further clarity for the plaintiffs, gun owners and dealers in Colorado. The agreement is consistent with the reasonable, narrow reading of the statute that we have advocated and it now allows the court to expeditiously move to consideration of the Second Amendment implications of the statute. Today's agreement is consistent with our interpretation of the statute and the guidance the Attorney General's Office and the Colorado Department of Public Safety issued pursuant to the governor's direction and, pending final disposition of the case, the statute will be enforced in accordance with the guidance."

While the above does not clarify whether a Trust can be a "person" for high-capacity magazines, it does help with the continuous possession concern that we have previously expressed.

July 8, 2013

Firearms Industry Files Suit Regarding New Connecticut Gun Laws

The National Shooting Sports Foundation® (NSSF®), the trade association for the firearms and ammunition industry, today filed suit in federal court for the District of Connecticut alleging that Governor Dannel Malloy and the leadership of the Connecticut General Assembly misused the so-called "emergency certification" exception to circumvent the safeguards of the normal legislative process and in violation of Connecticut statutory law in order to pass Senate Bill 1160, a package of strict gun control regulations.

The suit further alleges that enactment of the new law violates fundamental due process rights guaranteed by both the Connecticut and United States Constitutions. NSSF is asking the court to declare the law invalid and issue an injunction prohibiting its enforcement.

"A 139-page bill was assembled behind closed doors, bypassing both the public hearing and committee processes, and quickly sent to floor votes on the same day in both the House and Senate where legislators did not have adequate time to even read the bill. The governor then signed the package into law the next day. All of this is in violation of guarantees citizens are supposed to have under Connecticut State Statutes and protections in our State and U.S. Constitutions for which our forefathers fought," said Lawrence G. Keane, senior vice president and general counsel, NSSF. "Our suit focuses on this abuse of process that has resulted in enacted law that does nothing to improve public safety, while resulting in adverse effects on law-abiding citizens, manufacturers, retailers and sportsmen's organizations."


The Filing can be accessed here NSSFComplaint-FILED_070813.pdf

July 8, 2013

Gun Trusts and Marijuana and Firearm Ownership, Use, and Possession

About two years ago we reported on a potential problem that exists because of a conflict between state and federal law and how this can cause problems with a Gun Trust that is not properly drafted.

Now the BATFE has issued an open letter to FFLs that users of medical marijuana are to be excluded from possessing or owning firearms or ammunition. BATFE cites the Gun Control Act of 1968 as authority for this order, which states that it shall be unlawful to sell or otherwise dispose of any firearm to any person knowing or having reasonable suspicion to believe that such a person is an unlawful user of or addicted to any controlled substance.

As of July 2013, eighteen states have legalized the use of marijuana in some form. Another 6 have pending legislation. Of those eighteen states, sixteen have legalized marijuana usage for medicinal purposes, while Colorado and Washington have also legalized the drug for recreational use. It is important to realize that while these states have passed their own marijuana laws, the possession, use, and distribution of marijuana is still illegal under federal law, which trumps the state laws. The Controlled Substances Act, enacted into law in 1970, categorizes marijuana as a Schedule I controlled substances. So although some states say it is "legal" to use marijuana, under the Gun Control Act, marijuana users are considered "prohibited persons" to whom the sale of firearms and ammunition is illegal.

The list of arguments against this mandate is endless, as you can imagine. Opponents find it unprecedented that receiving a medical marijuana license to help with a patient's glaucoma can give the government the right to take away the patient's Second Amendment right.

Those with Gun Trusts should be very careful not to allow individuals who use marijuana to be in possession, or control of firearms or ammunition as this could subject the individual to 10 years in prison. This is only one of the many reason why a normal trust which would not prohibit such actions of beneficiaries should not be used for firearms. If you have a regular Trust or one that does not have specific and detailed directions for the ownership, transfer and possession of firearms, contact us to find out about amending your trust to include language to protect your family and friends from inadvertent criminal liability.