April 6, 2013

Obama Administration is expected to sign the treaty soon after it is opened for signature June 3

On April 2, the United Nations General Assembly voted 153-4 to pass the Arms Trade Treaty, with the United States voting in favor. The vote in the General Assembly was necessary to push the treaty process forward after negotiations twice failed to deliver on the goal of developing the treaty by unanimous consent. The Obama Administration is expected to sign the treaty soon after it is opened for signature June 3.

The text of the approved treaty is deeply problematic and threatens the rights and privacy of American gun owners. Signatories are encouraged to keep information on the "end users" of arms imported into their territory and supply such information to the exporting country. Exporting nations, nearly all of which have civilian firearm control regimes far harsher than the U.S., are encouraged to take the firearm control laws of an importing country into account before approving a transfer of arms. The treaty also encourages states to adopt domestic legislation to facilitate the treaty's onerous requirements.

To read more on this treaty and its problems see the full press release from the NRA-ILA

April 4, 2013

Rush to Pass Connecticut Legislation Creates Problems with Firearms Transfers

In a rush to pass legislation in CT, the new law which was passed and signed today creates some problems for individual transfers of firearms.

For example, the language in the new law specifies a procedure for licensed firearms retailers to perform mandatory "universal" background checks on private party transactions that is not permissible based on federal law and regulations governing the National Instant Criminal Background Checks (NICS) system. As we read it, this mistake in lawmaking means that all private party transactions in the state now cannot be accomplished legally unless the individual sells the firearm to a dealer and a third-party buys it from the dealer which may not longer be permitted for some firearms that are now restricted.

Many of the new provisions in the law went into effect today. We will continue to update this information as more develops.

Here is a link to a summary of the bill http://www.cga.ct.gov/2013/BA/2013SB-01160-R00-BA.htm

and a link to the full bill http://www.cga.ct.gov/2013/TOB/S/2013SB-01160-R00-SB.htm

April 4, 2013

Connecticut (CT): What NFA Firearms can I own? Updated

NOTE: BECAUSE OF LEGISLATION SIGNED IN TO LAW ON 4/4/2013 THE FOLLOWING INFORMATION MAY NOT BE UP TO DATE. ONCE THE CHANGES IN THE LAWS HAVE BEEN ANALYZED WE WILL UPDATE THIS PAGE.

Connecticut NFA Title II firearms
There are several types of Title II firearms that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of Title II firearms in addition to the required compliance with the National Firearms Act.

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

Machine Guns
Silencers
Any Other Weapon (AOW)
Destructive Devices (DD)
Short Barreled Shotguns (SBS)
In Connecticut you cannot own the following NFA restricted items.
None

Follow this link to find out more about Connecticut and NFA restrictions on Class 3 Firearms
Short Barreled Rifles (SBR)
Note

1) While SBS do not appear to be specifically prohibited, most are under the 2013 gun law modifications that were passed in April 2013
2) Connecticut does not allow select fire machine guns. Only fully automatic machine guns are allowed under the Assault weapons ban. As of April 2013 all machine guns not previously owned will be considereded assault weapons and future transfers within the state to individuals or trusts are be banned.
3) While silencers appear to be permitted, most things you could use them on pistols and rifles will be classified as an assault weapon and banned. There does appear to be a process for registering your current pistols and rifles by January 1, 2014

April 3, 2013

Connecticut Gun Legislation and Gun Trusts

magazine.jpgConnecticut about to enact one of the most restrictive Gun Laws in the United States.
Here is what is being reported to be in the bill. As of this morning the bill had not been published and it appears to be on a fast track as Emergency Legislation.

  1. The bill establishes a first in the nation statewide dangerous weapon offender registry.
  2. The bill requires "universal background checks" for the sale of all firearms immediately, upon passage.
  3. The bill significantly expands the Connecticut Assault Weapons Ban.
  4. The bill immediately bans the sale or purchase of large capacity magazines, and imposes extremely stringent restrictions on the use of those currently possessed. (LCMs that are currently possessed must be registered with DESPP by January 1,2014 to remain legal, and even when registered will be subject to extremely strict usage limitations:)
  5. The bill requires new state issued eligibility certificates for the purchase of any rifle, shotgun or ammunition.
  6. The bill expands the scope of Connecticut's firearms safe storage law.
  7. The bill significantly increases penalties for many firearms trafficking and illegal possession offenses.
  8. The bill expands the membership of the Board of Firearms Permit Examiners, and expands due process for local authorities in front of the board.
  9. The bill changes the status, with regard to the legal possession of firearms and permits therefore, of individuals who have been either involuntarily confined in or voluntarily admitted to a hospital for persons with psychiatric disabilities, as defined in section 17a-495 of the general statutes.
  10. The bill establishes the offense of illegal possession of ammunition, so that an individual
  11. who is ineligible to possess a firearm will also now be ineligible to possess any ammunition.
  12. The bill requires applicants for a temporary permit to carry a pistol or revolver to apply only in their town of residence (as opposed to also where they work), and further limits such applications to only one per twelve months.
  13. The bill establishes a new age limit for the purchase of centerfire semi-automatic rifles (other than banned assault weapons). Under the bill an individual will have to be at least 21 to purchase such a rifle, as opposed to the current federal age limit of 18.
  14. The bill bans the sale of armor-piercing ammunition, and makes it a class D felony to carry a firearm loaded with any such ammunition.

While many of these provisions will go into effect immediately, there is still some time to get form a Gun Trust and transfer your firearms and magazines into the trust prior to the enactment of the legislation.

March 28, 2013

Revisions to North Carolina and Gun Trust Transfers and Machine Gun Update

A recent email from Dana Pickles at the US Dept. Of Justice Bureau of ATF NFA Branch stated the following changes for North Carolina

Effective January 11 2013 the ATF is handling North Carolina transfers as follows:

Machine Gun transfers from a dealer to a dealer on a Form 3 no longer require a North Carolina Sheriff permission letter to possess the Machine Gun (MG)

From a Dealer to a Gun Trust using a Form 4. If the Form 4 states that the MG is being acquired for scientific research and/or experimentation or in accordance with 14-409? then still need North Carolina Sheriff permission letter to possess Machine Gun.

But If the reason on the Form 4 states in accordance with 14-409 then the North Carolina Machine Gun Letter or permission from the Sheriff is not required.

All other NFA transfers on a Form 4 - no longer require the reason to state "In accordance with 14-288.8" to approve the transfer.

March 24, 2013

10 Common NFA Trust or Gun Trust Questions

(1) Do I need a Gun Trust if I don't own any Title II guns?:
Many people do not consider their regular firearms or magazines when creating a trust. Most NFA trusts are not properly created for all firearms. About 5 years ago we upgraded our NFA Trust to a Gun Trust that was designed for all of your firearms because most people who are purchasing a Title II firearms have Title I firearms. The decision-making process about giving someone a gun is the same regardless of its status as a Title I or Title II. For more on this topic see our recent blog on Putting Title I firearms into a Gun Trust.

(2) Do I have to pay the $200.00 tax stamp if I have a Gun Trust?

Yes, The Tax Stamp is for the ability to transfer a Title II firearms to an individual, business entity, or trust. In most cases the Tax Stamp is $200 but if you purchase an AOW the Tax Stamp is only $5. There is no discount or change in the Tax Stamp for a Trust.

(3) Is there a minimum or maximum number of guns I can put in your Gun Trust?
The Gun Trusts from a Gun Trust Lawyer® do not have any limitations on the number of guns that can be transferred to the trust or purchased with the trust. All of our Gun Trusts come with forms to allow for future purchases or assignments to the trust without the need to make any modifications or incur additional legal fees

Continue reading "10 Common NFA Trust or Gun Trust Questions" »

March 19, 2013

Are Machine Guns Legal in Washington State?

Mark Knapp a Washington Gun Trust Lawyer® and firearms lawyer has written a blog that deals with the possibility of obtaining a legal machine gun in the State of Washington.

Generally Machine guns have been illegal to import or transfer in Washington State since 1994 and then only those that were manufactured and registered with the NFA before the 1985 ban were permitted. Those who owned them prior to the 1994 Washington ban could keep them.

There seems to be some ambiguity in the law which may permit certain people to obtain certain Machine Guns. It would not be an easy process and would involved a WRIT OF MANDAMUS which Mark called a long shot.

If you are interested in this you may want to ready his blog on Machine Guns in Washington may be legal

If you are in Washington and are looking for a Gun Trust for your firearms Contact Us.

March 12, 2013

UN Gun Treaty - Discussions and Vote to Begin March 18, 2013 in NY

What is probably the most serious threat to American gun owners in decades may achieve much of what many of the new bills before Congress are trying to achieve.

The UN Gun Treaty should ban the future transfer of most small arms (pistols, and rifles) if those guns could cause damage to another state. While this makes sense for a submarine, missile or nuclear bomb, the Treaty makes no provision for the difference between a Glock and a nuclear bomb.

For several years the NRA has talking about what it depicts as an international conspiracy to "grab your guns" or "restrict rights to buy certain firearms in the future."

While it is too early to tell what the final Treaty if approved will sate, one can review the previous version to see what the Gun Treaty is attempting to accomplish. If you would like to see a previous version with some commentary follow this link to the UN Gun Treaty

The UN Gun Treaty may prohibit the future purchase and transfer of small arms (pistols and rifles). We are still recommending that is you are allowed to, you should transfer all firearms and magazines into your Gun Trust as soon as possible. If you have a NFA Trust or trust designed only for NFA firearms, you should investigate upgrading your trust to deal with all firearms. For those with substantial value in their firearms and accessories
a multi-generational asset protection gun trust may be the solution for your and your family. If you would like to contact a Gun Trust Lawyer® use the contact form on the right side of this page.

March 2, 2013

SBR alternative: 300 Blackout Pistol with buffer tube

300Blackoutpistol.jpg

One of our clients has gotten the ATF to approve this configuration. With an A2 Buffer Tube it almost makes an SBR unnecessary. Not only does this only have one tax stamp for the Silencer but it has an amazing scope designed specifically for the 300 Blackout. Of course if you want a forward grip you have to add another tax stamp that would be included with the an SBR version.

The Burris Eliminator Gen 2 laser scope is around $800. It allows for adjustments to the Laser range and puts the LED dot where the bullet impact will be. We have heard that it is "wicked accurate.".

March 2, 2013

Colorado expects new Gun & Magazine Transfer restrictions next week

The Colorado lawyers we work with have informed us that there are several new laws about to be passed soon. To provide the maximum flexibility to manage your firearms and magazines they are suggesting that you form a Gun Trust and transfer all of your firearms and magazines into the trust ASAP. We have been overwhelmed with trust requests in the last few days from residents of Colorado seeking to protect their rights.

At this point in time the quickest way to form a Gun Trust is to purchase a Base Gun Trust Form and then transfer your firearms and magazines into it using the documents that come with the trust. Once the Gun Trust is formed you can upgrade to the Advanced or Professional Trust to have the additional legal support and features. You will receive a discount of the price paid for the Base trust towards the upgrade so you will not be penalized.

February 26, 2013

NRA Life Membership Special $300

A few years ago the NRA ran a similar special and I am always getting asked if I know of any specials for life members. If you follow this link you can get the $1000 NRA Lifetime membership for only $300.

February 22, 2013

ArmsGuard™ Protector- The Ultimate in Protection for Your Firearms

Many people are concerned about the ability to change the terms of their trust after they die or the Trust it becomes irrevocable. Our Professional Gun Trust no comes with an ArmsGuard™ Protector that allows for the terms of you trust to change if laws change in the future.

This means that if the local, state, or federal government changes a law dealing with firearms and your rights, your trust can be changed to deal with the changes even if the change is 300 years from now. If you have firearms and it is important to preserve them for future generations and keep creditors from being able to reach the firearms you should Contact Us to create a Gun Trust with the ArmsGuard™ Protector.

Remember it is important to have your firearms and magazines transferred to your Gun Trust before laws change. The ArmsGuard™ Protector can only work for items within the Gun Trust. Many states and the federal government now have bills before congress seeking to restrict our gun rights and the ability for future transfers. If these bills become laws, like recently happened in NY, you may not have the ability to buy, sell, or give firearms to your spouse or children. Some states have already passed laws which restrict the transfer of certain items so it is important to speak with a Gun Trust Lawyer® in your state.

February 22, 2013

Huge Win for Gun Rights in Illinois

The Second Amendment Foundation today won a significant victory for concealed carry when the Seventh Circuit Court of Appeals let stand a December ruling by a three-judge panel of the court that forces Illinois to adopt a concealed carry law, thus affirming that the right to bear arms exists outside the home.

Continue reading "Huge Win for Gun Rights in Illinois" »

February 19, 2013

ABA CLE: Gun Trusts and the Art of Protecting Your Client's Firearms for Future Generations

Lawyers in other states are always asking where they can learn about NFA Trusts and Gun Trusts. Here is an opportunity to learn about advanced planning with gun trusts for your clients.

I have been asked by the American Bar Association to present a CLE which will be available to lawyers and non-lawyers on the use of Gun Trusts to protect firearms from changes in future legislation. For those who are not familiar it was the ABA Journal that wrote an article on my a few years ago about the creation of a new area of legal practice dealing with Gun Trusts The print version of the article was In Goldmans Guns Trust and an online version is available under Florida lawyer Fashions Gun Trust (And Niche Practice).

Brief Program Description:
Gun Trust Lawyer® David Goldman will discuss the history of firearms regulation, federal and state firearm policy and control, potential changes to firearm regulation, and how the multi generational Gun Trust can help assist your clients with protecting their right to bear arms under the 2nd amendment. The presentation will also encompass an overview of enacted gun laws, how they affect your current rights and options, and how multi generational Gun Trust helps solve some of the issues that may arise. Lastly, Mr. Goldman will discuss ethical and malpractice issues one should always consider when dealing with firearms.

Sponsors:
The American Bar Association Solo, Small Firm and General Practice Division and Center for Professional Development

Live Webinar and Teleconference
Tuesday, March 19, 2013
1:00 PM - 2:30 PM Eastern

You can register for the event on the American Bar Association website using this link.

February 19, 2013

Hunting with a Silencer.

NOTE THIS ARTICLE HAS BEEN UPDATED WITH NEW INFORMATION

Thumbnail image for 50calsilencer.jpgWhile in most states, it is illegal to hunt with a Silencer, in the following states it is legal to hunt with a silencer. Remember these laws change frequently, so please verify this with your state prior to hunting with a silencer.

Alabama
Alaska
Arizona
Arkansas
Colorado
Georgia ( as of 7/1/14)
Idaho
Kansas
Kentucky
Maryland
Mississippi
Missouri
Nebraska
Nevada
New Mexico
North Carolina as of 10/1/2013
North Dakota
Oregon
Oklahoma as of 11/1/2012
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
West Virginia
Wisconsin
Wyoming (as of 7/1/2013)

Many state restricted the use of suppressors in regards to anti poaching regulations. Some other states like allow the use of Silencers for Varmint but not hunting. If you know of other states where it is legal to hunt with a silencer please let us know.