NFA Gun Trust Lawyer Blog

We are often asked about traveling to another state with NFA firearms. If you own property in multiple states like Texas and Colorado or regularly travel between Texas and Colorado with NFA Firearms, you can do so, but should and in some cases must obtain prior authorization from the ATF to take these firearms over state lines.

Note:Texas and Colorado are just used as an example of two places that you may regularly travel to and from. A Texas Gun Trust prepared by a Texas Gun Trust Lawyer® would be valid in Colorado and a Colorado Gun Trust prepared by a Colorado Gun Trust Lawyer® would be valid in Texas

There is no charge to obtain the authorization for interstate travel from the ATF. Your Gun Trust should have specific instructions on how to do this and if it does not you may want to have your gun trust reviewed by an attorney to see if it is a gun trust or just a generic revocable trust. Many so-called "Gun Trusts" and those provided by gun stores, found in the internet, created by software, or even some from lawyers, actually provide instructions to break the law. If you gun trust mentions stocks, property, homes, or other non-firearms related items, it may be a clue that you have a generic trust.

It is possible to amend and restate a generic trust with a Gun Trust from a Gun Trust Lawyer® so that your family and friends can understand what their duties and responsibilities are in the event of your death or incapacity. If you would like your trust reviewed under the NFA for these types of issues, please contact us.

Funding a trust is a basic concept that is necessary for a trust to be valid. The legal concept is that the trust does not exist if there is nothing in the trust. A Gun Trust can be funded with a firearm, money, or any other asset. Typically a Gun Trust will be used to acquire firearms and is often used for Title II Firearms. When you put money in or assign money to the trust, you have funded it and it is now valid. If you never assign property to a trust, it can create problems.

For example, if your trust is unfunded, and you purchase a Title II Firearm from a dealer personally you will own it personally. An Assignment sheet may fund the trust, but if the AFT has not approved the assignment or an additional fee is not paid, you may have created a legal problem.

Funding a NFA trust, purchasing NFA Firearms, and proper use of a Gun Trust are very important to understand and something you should ask your Gun Trust Lawyer® about.

With the growing list of states that have some type of legalized marijuana use, it is important not to transfer a firearm to anyone who is a user of marijuana or medical marijuana (which are both illegal under federal laws). Chris Chiafullo at FFLGuard has an interesting article on how transferring a firearm to someone you believe is an unlawful user of marijuana (even if it is legal in your state) is an improper transfer and could subject you and the person who receives the firearm to criminal penalties.

If you have a Gun Trust, you should also be cautious about having a co-trustee that uses medical marijuana as it could create liability for you and the other people involved with your trust. If you have a trustee in one of the following states, you may want to check on their medical marijuana usage: Alaska, Arizona, California, Colorado, Delaware the District of Columbia, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon,Vermont, Rhode Island, and Washington have legalized the medical use of marijuana in some form or fashion.

Gun Trust Lawyer®, David Goldman is a counsel of FFLGuard and provides information and legal advise regarding Class III issues. For more information on FFLGuard or to join FFLGuard call 1-888-FFL-GRD1 or visit FFLGuard.com

While 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.

Alaska
Arkansas
Colorado
Kansas
Kentucky
Mississippi
Nebraska
Oregon
South Carolina
South Dakota
Tennessee
Utah
Virginia
West Virginia
Wisconsin

Many state restricted the use of suppressors in regards to anti poaching regulations. Some other states like Florida, Texas and Montana 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.

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 Colorado 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)

In Colorado you cannot own the following NFA restricted items.

None

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