NFA Gun Trust Lawyer Blog

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

Today, Attorney General of the State of Michigan, Bill Schuette wrote an optionion on the legality of Silencers in Michigan under MCL 750.224(1)(b) and other state laws in which he states:

The possession, manufacture, or sale of a firearm silencer is permitted in Michigan under MCL 750.224(1)(b) if the person is licensed or approved to possess, manufacture, or sell such a device by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, as required by MCL 750.224(3)(c). Possession, manufacture, or sale of a firearm silencer by an unlicensed or unapproved person is a felony, punishable by up to five years imprisonment under MCL 750.224(2).

If you want to make or purcahse a silencer in Michigan you should read the
Michigan Attorney Generals' Option 7260

Because of the many requests we have found a dealer in MI who will be stocking silencers. If you find others please let us know.

Continue reading for growing list of dealers.

Continue reading "Silencers Now Legal in Michigan" »

I received an email from Daren Lott who let me know about a Petition in Michigan to clarify the laws regarding NFA firearms and have the AG address issues that were not addressed in his previous opinion. Follow this link to find out more about the petition or to see the details read the rest of the article.

Note
We do have lawyers in Michigan we are working with to form Michigan Gun Trusts and have not experienced any problems with them.

Continue reading "Michigan Petition Regarding NFA Firearms and Restrictions" »

With the recent discussions about the potential federal ban on assault weapons being reinstated,  I thought it would be interesting to see which states already have bans on Assault Weapons

California bans "assault weapons", .50BMG caliber firearms, some .50 caliber ammunition and "unsafe handguns."

Connecticut  Bans "assault weapons" as well as select fire machine guns.

District of Columbia prohibits new acquisition of handguns and any semi-automatic firearm capable of using a detachable ammunition magazine of more than 12 rounds capacity and any handgun not registered after February 5, 1977  (parts recently ruled unconstitutional).

Hawaii prohibits "assault pistols."  Assault rifles and shotguns are restricted the same regular rifles and shotguns

Illinois: Chicago, Evanston, Oak Park, Morton Grove, Winnetka, Wilmette, and Highland Park prohibit handguns; some cities prohibit other kinds of firearms.  Firearms identification card is required.

Maryland prohibits "assault pistols"; the sale or manufacture of any handgun manufactured after Jan. 1, 1985, that does not appear on the Handgun Roster; and the sale of any handgun manufactured after January 1, 2003 that is not equipped with an "integrated mechanical safety device."

Massachusetts: It is unlawful to sell, transfer or possess "any assault weapon or large capacity feeding device" [more than 10 rounds] that was not legally possessed on September 13, 1994 and the sale of handguns not on the Firearms Roster. The City of Boston has a separate "assault weapons" law.

Michigan: Certain folding stock carbines are restricted.

New Jersey  bans "assault weapons" and high capacity magazines.

New York  bans "assault weapons" unless lawfully possessed or manufactured prior to September 13, 1994.

Ohio: Some local jurisdictions use to ban "assault weapons.", but because of a Ohio Supreme court case, all of these laws are unconstitutional under the preemption doctrine recognized by Ohio.

Virginia prohibits "Street Sweeper" shotguns.

The sunset of the federal assault weapons ban does not affect the validity of state and local "assault weapons" bans.

We have NFA Gun Trust Lawyer®s in several locations in Michigan to help purchase Title II firearms or those restricted under the National Firearms Act.  To purchase these items you need a Class 3 license or permit to take possession of the  SBR, SBS, or Machine Gun.

Note there are some additional restrictions on the possession of the NFA firearms over and above the Federal Restrictions found in the ATF. 

The general process for creating an Michigan NFA Trust is to contact us so that we can discuss your desires and merge that with what you need.  Once the trust is drafted and reviewed by a Michigan Gun Trust Lawyer®, the trust can be reviewed.  Generally within 7 days of contacting us or calling us you can be ready to purchase the items.

Note even if you do not live in Waterford, Farmington Hills, or Grand Have the lawyers can send the documents by email and have the discussion with you over the telephone.

MICHIGAN STATE GUN LAWS.pdf is a summary of the Michigan state gun laws.  Please download it to view detailed gun laws that may apply to NFA or Title II 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 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) *  Only some may be owned
Short Barreled Rifles (SBR) *    Only some may be owned

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

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