January 2, 2013

Confusion in North Carolina regarding Machine Gun Ownership

We have received numerous calls and emails regarding the December 2010 change in the laws in NC based on the poorly worded changes to NC:

NCGS Section 288.8 (b)(5) allows MG ownership for:

Persons who lawfully possess or own a weapon as defined in subsection (c) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801‑5871. Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.

NCGS Section 14-409(b) provides in pertinent part:

a person who lawfully possesses or owns a weapon as defined by Subsection (a) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801‑5871. Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.

The problem is that these provisions don't seem to allow acquisition, only continued ownership or possession. However, the statutes go on to say that sheriff can refuse to sign off to on the forms required to obtain ownership.

I have spoken to several NC lawyers about this, they all agree that the safest thing to do until further clarification develops is the have the sheriff sign off with the Machine Gun Permit which is different than the CLEO signature required for individual ownership of Title II firearms.

In addition, it appears that if the machine gun was lawfully purchased in another state, there would not be the need to obtain the sheriff's signature on a machine gun permit to purchase a machine gun as it was already owned.

This only applies to Machine Guns and not other Title II firearms. With the upcoming proposed changes to federal laws regarding assault weapons, it is still a good idea to transfer all existing firearms into a Gun Trust in states like NC that permit such transfers.

January 1, 2013

New Years Special: ONLINE NFA Gun Trust Form $199

If you are interested in a real NFA Trust or Gun Trust and looking to implement it quickly and without the additional cost of a lawyer being involved we are offering a special on the Online version of the Gun Trust for only $199. This is anywhere from 1/2 to 1/3 of the normal price of the Gun Trust with legal support. The Online Gun Trust comes with a great manual which describes and give examples and hyperlinks to sample forms to purchase NFA firearms. It can deal with people who live in multiple states and allows you to add 3 additional authorized users.

Many people are rushing to put their regular firearms in a trust in an attempt to protect their ability to allow children and grandchildren to use them when they are old enough.

If you have a lot of firearms, you are looking for asset protection, or multi generational insulation from legislative change, you should consider the Professional Gun Trust. There is a comparison of this trust in one of the articles below on this page.

To get this special price you must use the buy it now button at the bottom of the page.
You will receive a Gun Trust Code by email that will allow you to create a Gun Trust with 3 additional authorized users and purchase NFA firearms without the need for a CLEO signature, fingerprints, or a photographs.

The Gun Trust will come with detailed instructions and frequently asked questions that walk you through the process of creating and using you NFA Gun Trust.

This Gun Trust does not come with legal support. If you are looking for a Gun Trust with legal support, and local support from a lawyer licensed in your state, fill out the Contact Us form on this page and we will send you details on the options and pricing for your state.

If you want to take advantage of this offer, you must use the following link http://www.guntrust.com/create-trust/ to create your trust and pay for it with your credit card or PayPal account through PayPal

January 1, 2013

How can I Protect my Firearms for my Children

A Gun Trust is designed for all of your firearms even if you do not have any Title II firearms. Title II firearms are sold by Class 3 Dealers and include Silencers, Short barreled rifles and shotguns, AOWs, DDs and full automatic pistols and rifles.

While it is not necessary under the current laws (2012) to have a Gun Trust to allow others to use or be in possession of your firearms, there are rumors that many firearms that are currently classified as TItle I firearms may become Title II firearms and controlled under the National Firearms Act. If this happens we will all have to be careful about constructive possession and may lose the ability to transfer these firearms to others, may have to pay a transfer fee to transfer them to others, or may lose them upon our death.

A Gun Trust can allow you to allow others to have access to your firearms and even become the person in control of them after you die. While a regular Gun Trust can your beneficiaries to use and have access to the firearms there is a risk that the people who would receive the benefit after your death may not be able to actually realize the full benefits from the value of your guns.

There is a multi generational gun trust that may solve this problem if you transfer your firearms, magazines, and other related items to your Gun Trust before the law takes effect. It appears that the current proposed legislation would prohibit additional transfers and you might even lose your firearms after you die. With the Irrevocable Gun Trust or multi generational asset protection gun trust (our Professional Gun Trust), the Gun Trust will remain the owner of the firearms even after you pass away. This means that you beneficiaries, your kids and grandchildren, will become authorized managers and users of the firearms. If one day transfers are allowed again, like with the previous assault weapons ban, then they could realize the monetary value of the firearms by selling them. If there is no sunset provision or the ban becomes permanent your family and future family members can become the users and enjoy the benefit of possession and use of the firearms into the future.

Different states have different rules on how long a trust like this can last. Our trust allows for the creator or future manager of the trust to select the jurisdiction rules to follow. This means even if you live in a state with a relatively short time that a trust can exist, you can select the rules of a state so that the trust can last 360 years , 500 years, 1000 years, or even one that can last forever.

The Professional Gun Trust is not designed for everyone, but if you have a substantial firearms collection of the ability to protect the firearms from creditors or potential loss due to legislative change is important you should Contact Us to schedule a time to discuss how this trust may be of benefit to you. If you already have a Gun Trust, you can upgrade your current Gun Trust and for our previous clients we will credit you the full price of the previous trust. This trust is not available online and must be setup with a local lawyer. We start the process in our office to deal with the federal issues and the locally licence lawyer will make state specific changes for state and local laws.

December 24, 2012

An Overview of NFA Gun Trusts? What is a Gun Trust

Many of you have asked your estate-planning lawyer about Gun Trusts and have not been able to find anyone who knows about them. This is not hard to believe because other than some materials I have produced or talked to others about there is no text book on gun trusts.

We work with lawyers in every state to help them prepare gun trusts for clients in their state while providing them a resource for the knowledge and information necessary to understand the ownership, transfer and possession of firearms.

In 2006, I recognized the need to create a Trust for NFA and regular firearms. It was at that time, that I created the Gun Trust. A Gun Trust is based on the traditional concepts of estate planning. Traditional trusts deal with all types of assets that are primarily financially based, but a Gun Trust only deals with firearms. They are not meant to circumvent federal or state laws, as many would have you believe. Trusts were clearly contemplated as owners of firearms by the National Firearms Act. The National Firearms Act (NFA), requires a tax to be paid to own, possess or transfer guns such as machine guns, short barreled rifles and shotguns, silencers or sound suppressors, and AOWs. They are referred to as Title 2 firearms because they are regulated under Title 2 of the 1968 Gun Control Act. Normal firearms are regulated under Title I of the Gun Control Act. Many people mistakenly call them Class 3 weapons, but Class 3 refers to a license or Special Occupational Tax (SOT) that a FFL must obtain prior to buying or selling Title II Firearms.

History of the National Firearms Act

The NFA was passed in 1934 in response to the criminal activity of the time. It imposed a $200 tax on certain firearms thought to be contributing to the growing crime problem. In an effort to discourage possession of these types of firearms, individuals were required to register them with the government and pay a tax of $200. Once this tax was paid, the owner would receive a Tax Stamp for the $200 that would have to be kept with the firearm to identify the owner, who could be in possession, and in what state the firearm could be located. Later the NFA was amended to further restrict certain items called Any Other Weapons ( an "AOW"). The tax to purchase an AOW was only $5 but to build one the tax was the same $200 as with other Title II firearms.

The NFA was designed to have strict requirements and carries stiff penalties for violations. Only an individual, business entity, or trust may own a Title II firearm in the civilian community. In addition, only the owner or their representative may be in possession of that firearm. Illegal possession, transfer, or ownership of a Title II firearm carries a prison sentence of up to 10 years, a fine of up to $250,000, loss of the firearms, and loss of the vessel (vehicle, or home) that the illegal firearms were contained. The NFA defines possession to include loaning so it is important to understand the concept of constructive possession and why individual ownership poses many risks to the average family. Many people mistakenly believe it is ok to let someone else use their Title II firearm if they are close buy, inside a closed fence, hand is on their left solder, or can see them. Even if these were permitted, imagine bringing a silencer home from a gunsmith or range. While you are on the phone your spouse grab your keys to go shopping. Surely you would not believe that this was permitted transfer or possession of a Title II firearm without pre-approval and paying the Tax. A Gun Trust can help protect and manage Title II firearms from these common issues.

ATF Requirements

Title 2 firearms must be registered with the ATF through application process. Whether you are purchasing a Firearm from a dealer with a Class 3 SOT or building your own Title II firearms, you must first go pay and obtain approval from the ATF to have it transferred or to build the firearm. For an individual the ATF requires that you fill out the appropriate form, affix a two-by-two inch photograph of yourself along with fingerprints, and have the application signed by your local chief law enforcement officer (the "CLEO") In addition you must include the tax fee which is typically $200 for each Title II firearm. Once the application is approved the person or entity who submitted the application will receive notice and the firearm may then be created or transferred. The approval time may take anywhere from three to six months.

The NFA Gun Trust

NFA gun trusts have become popular in recent years as an alternative to individual registration because of the flexibility they offer after the firearm is purchase as well as not requiring the photos, fingerprints, or CLEO signature. The Gun Trust can allow other managers or trustees of the trust to uses the firearms. State law controls the formalities of creating a trust and while in some cases lesser formalities may be required, it is recommended that you comply with the formalities other states to simplify the process and authorization in the case that you or others involved with the trust do not live in the same state where the trust was created. There are basically four types of people or entities that are involved with a Gun Trust: grantor/settlor, trustee, successor trustee and beneficiary.

The grantor or settlor is the person who creates the Gun Trust to manage who and how and when others will have access to or can use firearms within the Trust. A Trustee will submit the application to ATF but instead of registering the firearm in their name, he or she will list the Gun Trust as the owner. Trustees are also the individuals who will hold the trust property for one set of people during the grantor's life and the beneficiaries after the death of the grantor. Trustees may legally possess NFA weapons in the trust even though they are not listed on the application. In most cases a Trustee should be at least 18 years old (federal law prohibits anyone under 18 buying NFA firearms, and anyone under 21 from purchasing NFA firearms from a FFL with a Class 3 SOT) and not be otherwise prohibited from possessing firearms. A well drafted Gun Trust Lawyer® can craft provisions to allow for minor children to use the firearms with adult supervision. The beneficiary is the individual who receives the trust property upon the occurrence of a defined event that is often the death of the grantor. A well-drafted gun trust will deal with the many issues that arise in the event that one of the beneficiaries is a minor child, immature, or a prohibited person at the time the grantor dies.

Advantages of a Gun Trust

Gun Trusts should be very flexible. While most are established as a revocable trusts there are many advantages to using an irrevocable trust that are not available to a Gun Trust that is revocable. While many irrevocable trust have significant disadvantages, it is possible to intentionally violate tax code and remove the disadvantages. This type of trust is called an intentionally defective irrevocable trust.

Another advantage is that a Gun Trust does not require the Fingerprints, photographs, and CLEO approval. Not only can this speed up the process, but it also is more private.

While business entities have some of the same benefits as a Trust, they often involve yearly expenses, formalities, and are not designed to deal with ownership, transfer, possession, and use of firearms like a Gun Trust.

While many Gun Trusts are not designed to protect your firearms for generations or from creditors of yourself or your family, there is a Professional version of the Gun Trust that is designed to do both. If you are concerned about giving children and future family members that ability to use firearms if it should become illegal to transfer these firearms later or what to protect your guns from creditors, you should ask about the Multi-Generational Asset Protection Gun Trust.

Top 12 signs that you may not have a real gun trust.

1) You were told to put only NFA firearms in your trust
2) Your Trust talks about real estate, stocks, your house, and guardians of children
3) Your trust instructs others to break the law if you become incapacitated or die.
4) Your trust allows You to dissolve your trust without any prior actions
5) Co-Trustees are listed right in your trust document
6) Your Trust uses a Schedule A
7) Your Trust requires the sale of your firearms to pay you income if I become incapacitated.
8) Your trust does not specifically allow for the purchase of firearms in the powers
9) You trust does not mention guns, the NFA, Title II, Prohibited Persons, or uses incorrect terms like Class 3 firearms.
10) Your trust did not come with an extensive manual and how to section describing almost everything you could possibly think of.
11) You were told the Gun Trust was designed to circumvent laws.
12) Your trust does not contain a Copyright by Gun Trust Lawyer® David M. Goldman

For more information on whether a NFA Gun Trust or Gun Trust makes sense for your circumstances, use the contact form on this page to receive more information on Gun Trusts.

December 23, 2012

Protecting your Firearms for Generations

How can a Gun Trust protect my guns for my children and other family members?

Recently we have had many inquires as to how a Gun Trust can be used to protect firearms from future or currently pending legislation. First let me say that while no previous gun law has taken away the current owners rights, there is no guarantee that a future law would not attempt to do so. In other words, no one can guarantee you what will happen in the future. If we look at the firearms restrictions that have been imposed on US citizens over the last 200 years we see that all legislation has been designed to restrict future purchases and transfers of firearms and even attempts to totally ban firearms have allowed those who already possess them to keep their guns.

All of our Gun Trusts are designed to own regular and NFA firearms including the so-called "Assault Weapons". Our lower end trusts are based on revocable trusts that will end at sometime after the death of the person who creates it. We do have a Professional gun trust which is designed to offer both asset protection and multi generational ownership of the firearms.

Historically a trust can only have a limited lifetime which is controlled by state law. The Rule Against perpetuity is a limiting factor that dates back to England and attempts to restrict the ability to control from the grave. The modern trend in the United State has been to increase the length of time you can control and in some states the restrictions have been abolished.

For example in Texas a trust can last 90 years after the death of the last person named in the trust dies, in Florida a trust can last 360 years, Arizona 500 years, Colorado 1000 years. In some states like Alaska, Idaho, New Jersey, Missouri, Pennsylvania, Kentucky, and South Dakota trusts can last forever.

The good news is that even if you do not live in one of the states that has expanded or abolished the Rule Against perpetuity, our Professional Gun Trust allows for you to elect to change the rules of your trust to follow another state at the time you create it or a later time. This means your Professional Gun Trust will be the owner of all of your firearms forever and children, grandchildren and beyond will be the authorized users of the firearms.

The Asset Protection Gun Trust is designed for the firearms owner or collector that is concerned about liability from their profession or personal life that may cause the loss of the firearms. In addition this Gun Trust can be structured for multi-generational use so that your kids, grandchildren, and future generations can use the same trust and have the same protections. The Multi-Generational Asset Protection Gun Trust uses Asset Protection techniques that can protect the firearms and other assets in the trust from your creditors as well as the creditors of your beneficiaries. Because of the complexity and cost involved with this trust, it has historically only made sense for those with $20K in firearms or where the individual desires for the trust to exist for future generations.

This Gun Trust is not designed for everyone. If you have a larger gun collection or keeping them in an asset protection vehicle so that future family members can use them is important than this Professional Version of our Gun Trust may be right for you and your family.

For those of you just looking for a good Gun Trust for NFA firearms and regular firearms without legal support you may check out the online form version. This Gun Trust comes with great instructions and a users copyrighted users guide. It is also designed for all of your firearms but at a lower price because it does not come with legal support. It can be found at GunTrust.com

While the prices and protections vary by state, here are some of the more significant differences in the trusts we offer with legal support that would be customized by a Gun Trust Lawyer® who is licensed in your state:

Feature AdvancedProfessional
Price $600-$750$2500-3000
Created by Gun Trust Lawyer®YesYes
Customized for you by LawyersYesYes
Ability to act without othersYesYes
Special Veto PowersYesYes
Protect Guns For Children
Grandchildren and beyond
NoYes
Asset Protection - Protects guns from:
- Your creditorsNoYes
- Your beneficiaries creditorsSomeYes
- Lawsuits Against YouNoYes
- BankruptcyNoYes
- DivorceNoYes (if spouse signs waiver)
- Disqualifying you from
GovernmentBenefits
NoYes

Ability to change beneficiaries

YesYes

Authorized Users (included)

15Unlimited
No EIN or Separate TaxesYesYes
Multiple BeneficiariesYesYes
Charitable Gifts to NRAYesYes
Multi State UsersYesYes
Multi State UseYesYes
Multiple OwnersYes
Multiple Trustee LevelsNoYes
Good for all FirearmsYesYes
Form to Add TrusteesNoIncluded
Form to Remove TrusteesNoIncluded
Form to change StatesNoIncluded
Form to allow for self
expiring Trustee
NoIncluded

Asset Protection does not protect from fraudulent conveyance or fraudulent transfers. Divorce and Bankruptcy protections vary by state. All protections are not available in all cases and how a trust is structured will determine the protections available. The Professional version of the Gun Trust does not permit you to change the beneficiary to yourself.

If you are interested in a Professional Gun Trust to own and protect your firearms for generations as well as protecting them from your creditors and those of your beneficiaries, Contact Us to create one before the laws change and you may not be able to transfer your firearms into a Gun Trust.

If you already have a Gun Trust, it can be upgraded to the Professional Gun Trust your previous investment will not be lost. We are currently reducing the price by what you previously paid to any Gun Trust Lawyer®.

December 9, 2012

Form 1 and Form 4 Wait Times expected to decrease

atf-logo.jpgATF hires 9 new examiners. Last week, the NFATCA posted an article that the DOJ lifted the hiring ban for the BATFE (Bureau of Alcohol, Tobacco, Firearms and Explosives) and the ATF hired 9 new examiners.

This should significantly speed up the approval process for the purchase or manufacture of firearms restricted by the National Firearms Act. The new staff at the ATF who examine the requests for transfer ( ATF Form 4) and the requests to manufacture (ATF Form 1) should be around 30 which is almost triple the number just a few months ago when expected approval times were in excess of 6 months. We do not know if this will bring times down to 2-3 months but it seems reasonable.

November 24, 2012

ATF says 07 Manufactures must comply with ITAR

We have been telling 07 Manufactures for almost a year that they need to comply with ITAR even if they do not export anything. Now the according to Joshua Prince with the Prince Law Firm, In the November 2012 newsletter ATF has declared that all 07's must register with the DDTC unless the DDTC specifically exempts them. The penalties are huge and include 20 years in prison and 1 million in fines among other civil penalties per violation.

So what ever your reason for not registering even if ATF previously told you not to, you need to register and register soon. If you need help with this please Contact Us and we will be happy to get you in touch with someone who can help you do this correctly.

November 15, 2012

When is a Gun Trust not a Gun Trust?

Recently we have begun to see many "Gun Trusts" that are nothing more than a traditional revocable trust with a few provisions that mention firearms or NFA firearms. As the creator of the NFA Gun Trust, we feel that we are entitled to define what is and what is not a Gun Trust. Here are a few of the more common issues we see with regular or other so-called "Gun Trusts":


  • A gun trust should be a document which deals with regular as well as NFA firearms.

  • It should not contain language that instructs people to violate the law if they follow the instructions contained in the trust and should not allow for someone who is a prohibited person to become or remain an authorized user of the firearms.

  • It should deal with incapacity and death in a manner designed for firearms.

  • A real Gun Trust or NFA Gun Trust should be designed to protect individuals, their families and their friends from issues of constructive possession and guide them on the legal ways to purchase, use, transfer, and distribute all firearms.

  • In addition, a Gun Trust should not require the sale of firearms to pay income should you become incapacitated - unless necessary.


Perhaps the best way to see if you have a real "Gun Trust" or not is to look for the "Gun Trust Lawyer®" registered trademark or that it was copyrighted by David Goldman. If you have a gun trust that does not contain these markings, and you would like it reviewed free of charge for compliance with federal issues, Contact Us and we would be happy to review the document with you.

November 8, 2012

Should I put my regular firearms in a NFA Trust or Gun Trust?

A Gun Trust should be designed to hold all firearms including those restricted by the NFA. All of our Gun Trusts are designed for all of your firearms. As an owner of all types of guns, I designed this trust to deal with issues from a revolver, to a Glock pistol, and even NFA firearms like silencers and machine guns.

What most people do not realize is that many of the same issues regarding transfer upon death or incapacity exist for regular firearms as well as those sold by Class 3 SOT dealers. It is for this reason that I would suggest putting all of your Guns in one of our NFA Gun Trusts.

The real issue is that while we can pick beneficiaries while we are alive, we do not know who will survive us or anything about them on the date of our death.

We do not know where they will live; in some states regular firearms are highly restricted or prohibited by law. Will some or all of our guns will be permitted in the state where each beneficiary will live at the time of our death?

The legal status of our beneficiaries. Have our kids or friends done something silly that we do not know about that might have caused the beneficiaries to lose their rights to own, possess, or use a gun. Are they involved with drugs in a state where it is legal? While legal in some states, it is still a federal crime and would make a person using illegal drugs (at the federal or state level) a prohibited person. Another issue might involve being charged with an act of domestic violence or child abuse even if not ultimately convicted of the charge. The Lautenberg amendment is a federal statute that says that certain actions by you or your attorney on your behalf that are associated with charges which are classified as domestic violence or child abuse can cause a permanent loss of your firearms rights.

Most importantly, as much as we would like to believe that our beneficiaries will be the right age and have the right mental state when we die, we will not be there to make the decision. Our Gun Trust takes all of this into consideration and allows the successor Trustee to look at the age, make sure they are old enough and of the right frame of mind. Other trusts only require that someone is not determined to be legally incompetent. With firearms this is not enough, someone can be legally sane, but not the person you would want to hand a gun. People change over time, and it is not always for the better.

Our Gun Trust allows all of these issues to be considered and then a decision can be made or the decision can be to wait an addition period of time and reevaluate the beneficiary.

October 24, 2012

Police Officer Pleads Guilty to having Silencer in NY

Thumbnail image for silencer_map.gifIt appears that a former deputy in NY had some firearms that had been previously seized by the police in his personal possession even though they were suppose to be destroyed. One of the items in his possession was a silencer. While it appears that active duty police are permitted to have silencers, once they are no longer a police officer they cannot possess them. The specific details on how he received the silencer are not know, but even if he legally possessed it, once he was no longer a police officer his possession in NY would be in violation of the law.

We are often contacted by NY police officers wanting to set up gun trusts to buy silencers in NY and generally advise against it because of the risks of separation from the police and the consequences. Some police officers form trusts and buy and keep NFA firearms in other states where they are legal but it is risky to bring them to NY.

September 25, 2012

Can an Alien purchase NFA firearms with a Gun Trust?

Aliens who are legally in the United States can purchase NFA firearms as long as they are not a prohibited person. When doing so they often have confusion over how to fill out a 5330.20 when it asks if they are a non-immigrant Alien in question 5. The following definition may help answer the question in your particular circumstances.

Under 8 USCS § 1101 a non-immigrant alien is defined as "an alien having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform temporary services or labor, if unemployed persons capable of performing such service or labor cannot be found in this country." Rowland v. Marshall, 650 F.2d 28, 29 (4th Cir. Va. 1981)

September 19, 2012

More Invalid Gun Trusts being provided by Gun Stores

Today we received another copy of a Gun Store Generic NFA Trust that was provided to a customer of the shop. Not only was it a generic trust and did nothing to advise or protect the client from issues regarding the transfer, ownership, possession or use of TItle II firearms (sold by Class 3 dealers) but the trust itself was invalid as it did not comply with the requirements to create a valid trust in the State. While it may have been a valid trust in another state, each state has its own requirements for creating a valid trust. These requirements change and a trust that may have been valid a few years ago may not be valid under the current laws of the state. It is important to make sure your trust complies with the state's requirements for creation of a valid trust. What is disturbing is that ATF approved transfers to this invalid trust.

Remember just because ATF approves a transfer, the agency is not stating that your trust is valid nor that you are legally able to be in possession of the firearms. If you have a free trust or a gun shop trust it is important to have it reviewed for legality as well as compliance with the ATF to make sure your document is valid and that your document does not instruct you or others to break the law in regards to regular firearms or those restricted by the NFA.

September 7, 2012

How long should my Gun Trust Last? Controlling your Guns from the Grave.

One of the benefits of a gun trust is that it can be created by a Gun Trust Lawyer® to last throughout your life or in some cases can be designed to last for generations. Trusts are subject to the Rule Against perpetuity (RAP) which may limit how long the trust can last.

The common law RAP was designed to keep people from controlling from their grave. Today the modern trend it to extend or eliminate this restriction and many states like Alaska, Idaho, New Jersey, Pennsylvania, Kentucky, and South Dakota have abolished the RAP by statutes.

In addition, 26 States (Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Indiana, Kansas, Massachusetts, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia), the District of Columbia, and the U.S. Virgin Islands, and is currently under consideration in New York) have enacted the Uniform Statutory Rule Against perpetuity which extends the time your trust can control from 21 years after the death of a life in being at the time it was created to 90 years of creation if it actually vests.

In addition other states have made additional changes to extend the vesting period for Trusts. Two such examples are Florida at 360 years and Arizona at 500 years.

So even if you live in a state that has a short RAP there may be a benefit in extending the life of the trust by changing the jurisdiction of your trust to another state.

This is a common technique used with our Multi Generational Asset Protection Gun Trust to allow children, grandchildren, great-grandchildren and beyond to use and have access to the firearms without risking their loss to creditors.

September 5, 2012

Wyoming Bill Proposes Legalizing Hunting With SIlencers

While the Bill would legalize hunting with silencers, the bill also includes stiffer penalties for poaching while using a silencer. Most legislation regarding silencers has been based on anti-poaching concepts. The NRA and the American Silencer Association have done a good job at helping to pass similar bills in other states over the past few years. Anyone who has used a silencer knows that a suppressor is a better name and that unlike they are shown in the movies, a suppressor does not make a firearm silent.

The modern trend is to make silencers legal to use while hunting.

August 20, 2012

Revised: Are SBR's legal in Illinois?

Starting January 1, 2013 you will be able to purchase, transfer, make, possess, and use a SBR in IL. At first glance it appears to be very limited and only apply those with a valid and active military re-enacting group membership to use them for military re-enacting. But there is an interesting exception, those with a Valid C & R license can also own them.

The Law is poorly written and leaves many questions unanswered. A Gun Trust cannot have a C&R license, but a Trustee of a Gun Trust Can have a C&R license. The question is will ATF allow a Trust to purchase a SBR if all Illinois based Trustee's (the authorized users) have a C & R License as required under IL law. If not you will still need a CLEO sign off because you can't have a C&R within a Trust.  ATF has stated that a Trust cannot own an SBR in IL (2014). 

Also, once you modify a C&R firearm it no longer retains its C&R status, but the Illinois law is different than similar laws in CA because if you have a C&R license, you can buy any SBR not just a C&R SBR.

In Summary, SBR's are legal in IL if you have a C&R regardless of whether the SBR is an SBR. It appears based on Documents received by the ATF that a Trust or Gun Trust may not own an SBR in IL.