NFA Gun Trust Lawyer Blog

Florida hunting, Machine Guns, and Silencers

Fri, 22 Aug 2008 16:37:00 -0500

In Florida, it is not legal to use a Machine Gun or Silencer when hunting. For more information see the 2008-2009 Florida hunting Regulations handbook which is available on the MyFWC.com/Hunting web page

South Carolina NFA Trust Lawyer

Wed, 20 Aug 2008 13:38:53 -0500

South Carolina NFA Trusts are a specialty. We have a local attorney who is licensed in South Carolina and works with us to prepare South Carolina NFA Gun Trusts based upon your individual needs and circumstances. There is no reason to visit our office to create the Firearms Gun Trust as it can be completed and discussed over the phone and by email or us mail. The time to complete the South Carolina Firearms Trust is less than 2 days.

If you want help creating a South Carolina Firearms Gun Trust for the Purchase of NFA class 3 items contact us to get int ouch with a South Carolina NFA trust attorney in your area.

Texas NFA Trust

Wed, 20 Aug 2008 13:28:41 -0500

Texas NFA Trusts are a specialty. We have a network of attorneys and lawyers in Texas that can help prepare a Texas NFA Gun Trust. A Texas NFA Firearms trust should contain the latest provisions to protect your rights and your family from the procedural mistakes often made with other trusts.

It has come to our attention that some attorneys have copies language from our older trusts and are marketing these as NFA firearms trusts. These documents are inferior to the 2008 Texas NFA firearms trust and should not be confused with the documents we produce. Attorneys who are using our trusts will have GunTrustLawyer.com and a copyright notice on the bottom of each page of the trust. If you need help finding a Texas Firearms Trust Lawyer for creation of a Texas NFA trust contact us to get intouch with a Texas NFA trust attorney in your area.

My Friend Knows the combination to my gun safe. Is this a problem?

Wed, 20 Aug 2008 10:00:29 -0500

If you have class 3 firearms and someone other than you knows the combination to your gun safe you could both go to jail. This is a concept called constructive possession. If you have given someone the ability to access your class 3 firearms, you have violated the NFA. If someone has the ability to access your class 3 firearms, they have violated the NFA.

The best way to solve this problem is by creating a business entity or trust that allows the person to be in possession of the items. If you already own the class 3 items you will have to do another transfer from you personally to the NFA trust.

This is one of the many issues that should be identified and discussed prior to creating an NFA firearms trust.

To determine the correct people to name as co-trustee's in your NFA Firearms / Gun Trust Contact a Gun Trust Attorney.

What is required by the ATF for SBR engraving under NFA?

Tue, 19 Aug 2008 13:47:01 -0500

When manufacturing a class 3 firearm that is restricted by the NFA it is important to follow the guidelines found in the ATF Publication 5300.4 - section 479.102 " How must firearms be identified?"

Generally, any gun manufactured, imported, or made on and after January, 2002 must have the manufacturers information engraved, cast, stamped by impression, at a minimum depth of .003" with a height no smaller than 1/16" on the frame, receiver, or barrel.

The required information on an SBR is the model (if such one exists), caliber or gauge, and the manufacturer's name (or recognized abbreviation). Also for a domestically made (SBR) the city and state (or recognized abbreviation), where you as the manufacturer made the firearm.

I used Quicken to make an Firearms trust, now what?

Tue, 19 Aug 2008 11:05:12 -0500

If you are one of the many people who have used Quicken to create a Revocable Trust for the purchase of Class 3 Firearms who is concerned about having created an invalid trust and having violated the National Firearms act, we can review your trust to see if the trust is valid and make suggestions as to what issues you may be concerned with.

At this time we can only review Florida Trusts for validity, but if you want a trust from a different state reviewed let us know and we will find you an attorney in your state to help with your NFA Firearms / Gun Trust Contact a Gun Trust Attorney for more information.

How many Trustees should a Gun Trust Have?

Tue, 19 Aug 2008 10:53:55 -0500

This is a personal question that can only be determined after evaluating your particular circumstances. Some of the questions that must be answered include, whether you are married, if so, does your spouse have access to the weapons, do you want your spouse to have access? Is there someone else who you shoot with? Does anyone know the combination to your gun safe?

To determine the correct people to name as co-trustee's in your NFA Firearms / Gun Trust Contact a Gun Trust Attorney.

Is it necessary to name a Settlor in a Gun Trust

Tue, 19 Aug 2008 10:49:28 -0500

Yes a settlor is required for each NFA trust. The Settlor is the person who is contributing the property to the trust. They receive the benefit of the trust while there are items in it.

They may not manage or use the property as this is a job for the Trustee. The Settlor may be a trustee also.

If you need a Gun Trust reviewed or to create one, Contact a Gun Trust Lawyer

Virgina removes Tennesse Handgun Permit from Reciprocity-Updated

Mon, 18 Aug 2008 19:43:56 -0500

Updated 820-2008
Virginia has returned Tennessee to the list of states in which it honors handgun permits.

Virginia currently honors

Alaska, Florida, Kentucky, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, and West Virginia

Florida and West Virginia do not honor Virginia permits.
The following states honor each Virginia's and Virginia honor's theirs
Arizona, Arkansas, Louisiana, New Mexico, Michigan, Missouri, Montana, Oklahoma, and Utah

Listing of states of which Virginia will grant recognition to valid permit holders:

Minnesota, South Carolina, Washington, Wyoming

Although Virginia will grant recognition, these states may not authorize Virginia permit holders to possess a firearm in their state. You will need to contact each state to determine if they will recognize your Virginia permit.

Disney Complies with New Florida Gun Law

Mon, 18 Aug 2008 08:05:55 -0500

Walt Disney revised its employee gun policy according to the Associated Press. With the change, Employee's with a concealed-weapons permit will be allowed to be kept in the employee's car on facilities outside the Resort area. The AP reported that a spokesman for the Attorney General stated that Disney's new Firearms Policy complies with the state law.

Previously Disney claimed that their entire organization was exempt from the new law.

Michigan (MI) What NFA Firearms can I own? Updated

Wed, 13 Aug 2008 10:29:11 -0500

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.

Michigan has several laws dealing with the registration, ownership, and possession of firearms that are changing in January 2009. In Michigan you can own the following items that are regulated the the National Firearms Act

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

In Michigan you cannot own the following NFA restricted items.
Silencers
and some AOW's like Tasers or Stun Guns by private citizens whether or not they are class 3 items or the individual has a CCW permit

*SBR & SBS are restricted by the Michigan Compiled laws 750.224b(3) which limits these items to C&R, Collectors items not likely to be used as a weapon but only if the person selling, offering, or possessing the firearm also complies with the Michigan Compiled laws 28.422 (will be amended Jan 2009) and 28.429 ( will be repealed Jan 2009).

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

NFA Criminal Conduct

Wed, 13 Aug 2008 10:20:02 -0500

The National Firearms Act defines what is criminal conduct. The prohibited activities include but are not limited to:

Engaging in the business of firearms (manufacturing, importing, selling) without a license and tax;
Receiving a firearms in violation of the act;
Possessing a firearms in violation of the NFA;
Receiving or possessing a firearms not registered to yourself in violation of the NFA;
Transferring or making a firearm in violation of the NFA; or
Removing, changing, or obliterating a serial number of an NFA firearm.

Many individuals are under the mistaken belief that they can allow someone to shoot their NFA firearm when in their possession. Although a dealer license allows this, the individual license does not and both individuals would be in violation of the NFA and subject to the criminal penalties as such.

If you would like someone else to be able to use or be in possession of your NFA firearms, you should consider a NFA gun trust or business entity to purchase or hold the item in. For more information Contact a NFA Lawyer.

NFA Firearms and Criminal Penalties

Tue, 12 Aug 2008 10:09:20 -0500

Violations of the NFA are punishable by 10 years in prison, forfeiture of all devices or firearms in violation, and the individuals right to own or possess additional firearms in the future. In addition, there is a penalty of $10,000 for each of certain violations.

In addition, a willful attempt to evade or defeat a tax imposed by the National Firearms Act is also a felony which is punishable by up to 5 years in Jail and a $100,000 fine under the tax evasion statutes. This penalty could be increased to $250,000 for individuals and $500,000 for corporations.

This means you could be looking at a maximum of 15 years in Jail and $510,000 in penalties for a violation. Many violations can be avoided by proper ownership and knowing who can be in possession and use the Title 2 firearms which are restricted under the NFA.

There may be additional state penalties in addition to the federal one mentioned above. A properly constructed NFA trust is the best way to own these items and permits the best flexibility as to possession and use. Although a Revocable trust can provide benefits many individuals create invalid trusts or trusts that do not address the specific issues that relate to NFA weapons ownership and subject themselves to potential violations.

To create a Valid NFA Firearms Trust that addresses your specific family situation, please CONTACT A NFA lawyer.

Massachusetts Machine Gun Restrictions

Mon, 11 Aug 2008 19:44:23 -0500

Although a person may purchase a machine gun as an individual or through a NFA Firearms Trust it should be noted that in addition to a trust for form 4 sign off by the local CLEO you will also need to comply with The General Laws of Massachusetts, Chapter 140 Section 131 (o) which states:

No person shall be issued a license to carry or possess a machine gun in the commonwealth, except that a licensing authority or the colonel of state police may issue a machine gun license to:

(i) a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel;
(ii) a bona fide collector of firearms upon application or upon application for renewal of such license.

If you need help contacting a Massachusetts NFA Firearm Trust Lawyer please Contact us.

First Court intrepretation of Florida Guns at Work Law

Sun, 10 Aug 2008 21:42:29 -0500

Florida Employers have to let employees keep guns in their cars if they have a concealed weapons permit. But, businesses can still have a no gun policy for customers for now.

U.S. District Judge Robert L. Hinkle states that there is no second amendment right to bring your gun to someones property and that customers would have the same right as employees under the new legislation but for the working of the statute which may be fixed later.

The law defines employer as a business with employees who own guns.