Recently in Texas - Gun Trust Lawyer Category

February 3, 2014

Texas Gun Trust Lawyer® :NFA Trust Special

200px-Texas_flag_map.svg.pngWe work with more than 20 lawyers in Texas to provide Gun Trusts to their clients. As of this month Gun Trust Lawyer® David Goldman has been licensed in Texas. Texas is one of the biggest markets for NFA Trusts and Gun Trusts. Because of this we have seen many so called Gun Trusts that are nothing more than revocable trusts with a few gun or NFA terms.

There are many problems in using a traditional Gun Trust in Texas and most states because they tend to instruct your family and friends to do things that may be illegal or cause criminal liability to the others involved with your trust.

Much the same way as Nolo has stated that their product should not be used to create a Gun Trust, a traditional revocable trust should not be used to create a gun trust.

All lawyers including Texas lawyers has a duty to be competent in in an area that they practice in. They can become competent though learning or association with another lawyer who provides the knowledge. For many years we have provided a select group of Texas lawyers the competency necessary to be a Gun Trust Lawyer® and now we can provide support for both the Federal and state specific issues that face residents of Texas.

If you are considering purchasing a Texas Gun Trust from a Texas Gun Trust Lawyer® you might see what they have done for the community, ask them about their experience with gun trusts and firearms. You might ask them if they responded to ATF's 41P proposal and read their response. We are here for the long-term and will be providing Texas Gun Trusts as well as working with lawyers in other states to help respond and deal with the proposed changes to the way ATF works.

For those that have strong pride in the state of Texas, you should know that I was born in Texas and have lived there for more then 25 years of my life.

If you have a Texas Gun Trust and would like it reviewed to see if it deals with the issues regarding firearms ownership, transfer, or possession, we would be happy to review it free of charge and discuss any potential problems we see.

To celebrate becoming licensed in Texas we are offering some very special prices from now until the end of March. These prices are only available for those who contact us directly and may not be offered by our the other lawyers who are a Gun Trust Lawyer.

OUR GUN TRUST IS DIFFERENT THAN A REVOCABLE TRUST OR OTHER TRUSTS

Our Gun Trust is different than a typical Revocable Trust. Many so called "Gun Trusts" are nothing more than revocable trusts with a few NFA words or definitions thrown in and still instruct people to break the law. People often ask about having other items in their NFA trust; we recommend that only firearms, magazines, and accessories be placed in a Gun Trust. The reason for this is simple, the people you want to use and have access to your firearms are not the same as those who you want to be able to sign checks or sell your property. If your trust talks about land or other non-firearms related assets, its a clue that you do not have a Gun Trust. Most other trusts do not deal with the many unique issues of regular firearms or Title II firearms ownership, possession, transfer, and use.

Our Gun Trusts have been reviewed and modified by more than 100 Estate planning and/or Firearms law lawyers who are licensed in more than 43 states. Whether your goal is to purchase a single silencer or hundreds of Title II firearms, our Gun Trust can be customized to address your specific issues and unique circumstances.

As owners of firearms we all understand the importance of training. You should never hand a gun to someone without providing them instructions on how to use it. Using a traditional trust can put our family members and friends at risk . These traditional trusts often instruct people to break the law when we die or become incapacitated.

In addition to the many protections created for your family, a NFA firearms trust can help you acquire Title II firearms (sold by class 3 dealers) without the need for fingerprints or CLEO sign off in most states. Many CLEO's are refusing to look at Form 4's and/or Form 1's.

Some of the main benefits of a Gun Trust include:

1) The ability to tell your representatives how to properly transfer these firearms upon your death;
2) The ability to transfer assets to children, even below the age of 18, when they reach an appropriate age while giving the someone the ability to make distribution decisions based on mental state, physical location, legality of the transfer, and age.
3) The ability for the Trustee to refuse assets transferred by will or other means if NFA and state requirements are not complied with;
4) Requirement to comply with NFA and State laws for transfer of NFA related assets;
5) The ability to make uneven distributions to heirs to conserve value of assets;
6) The ability to purchase Title II weapons, without creating a violation of the duties of the trustee;
7) The ability to use the weapons in the trust without creating liability to the beneficiaries;
8) The instructions and formalities on how to: manufacture items under a Form 1, how to purchase items correctly under a Form 4, how to properly document and transport Title II firearms with a Form 20.
9) Protection for yourself and your family from Constructive Possession - a violation of the NFA.
10) The ability to add others to your trust at a later time and create additional authorized users of the firearms.

Some of the Additional Benefits of a Multi Generational Asset Protection Gun Trust include:

1) The ability to have Trustees with different capabilities.
2) The ability to protect the firearms from your creditors and the creditors of your beneficiaries.
3) The ability to hold the firearms for multiple generations and in some cases forever.
4) The ability to modify the terms of the trust to attempt to preserve privacy, ownership, avoid future transfers and loss of firearms due to future legislation.
5) The ability to easily add users, remove users, change beneficiaries and create temporary users of the firearms
6) The your representatives how to properly transfer these firearms upon your death;

Each Gun Trust comes with a Memorandum (users manual) which discusses many of the commonly asked questions regarding the NFA and ATF regulations.

Please call our office to discuss these special unpublished prices.

May 29, 2013

Where can I hunt with Suppressors (Silencers): Updated List:

Thumbnail image for 50calsilencer.jpgWhile in some states, it is illegal to hunt with a Silencer, in the following states it is legal to hunt with a suppressor (often referred to as a "silencer").

In states where hunting with suppressors have been legalized, we have seen substantial increases in the sales of suppressors and the wait times for approval from the ATF has also increased. Many states that have legalized suppressors still have CLEOs who refuse to sign for individuals to purchase them. A NFA Trust or a more flexible Gun trust can not only avoid the CLEO signature requirement in most states but can also provide many benefits to firearms owners and their families. To learn about the benefits please fill out the contact us form at the top of this page and request information on what a gun trust is and how they may benefit you.

Remember these laws change frequently, so please verify this with your state prior to hunting with a suppressor.

Alaska
Alaska
Arizona
Arkansas
Colorado
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 Florida 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.

Disclaimer: This document represents a collection of published law and research on the topic of hunting with suppressors and regulations about the same. It should not be viewed as legal advise as these laws change frequently and the document you are looking at may not be up to date or an accurate representation of the laws at the time you read it. You should check with your Gun Trust Lawyer prior to hunting in any state with a suppressor as there may be other requirement and permits necessary to hunt with a suppressor in a state.

Updated 9/5/13

April 9, 2013

Gun Trusts CLE: Gun Trusts Are for More Than Just NFA Firearms

On Friday May 3, 2013, the National Riffle Association is having The 16th Annual Firearms Law Seminar in Houston Texas. This seminar is primarily focused for lawyers who deal with firearms related issues in the practice. Over the past few years, the ATF has presented the panel on Trusts and ownership of Title II firearms. I have personally been to this presentation several times looking for guidance or changes in the law or its interpretation. Unfortunately the NFA portion of the seminars have been disappointing and have not offered any real guidance in dealing with the many issues that a Gun Trust should deal with. This year the NRA asked me to speak Gun Trusts. I plan on dealing with many of the ethical problems with traditional trusts as well as how to use Gun Trusts to protect your clients firearms from future legislative restrictions as well protecting the guns from loss due to confiscation that often surrounds criminal charges or claims of domestic violence and/or child abuse that often surround divorce.

Many people are still looking for NFA Trusts and have not realized the benefits of a Gun Trust over a trust that only deals with NFA Firearms. Look for more information on the NRA Firearms Law Seminar. For more information about the National Firearms Law Seminar, please call 1-877-NRF-LAWS

If you are a lawyer and plan on attending and would like more information on Gun Trusts or have a question you would like me to address at the seminar, use the contact form and I will try to incorporate it into the Gun Trust Presentation portion of the NRA Firearms Law Seminar.

May 16, 2012

Texas Legalizes Hunting with Silencers starting September 1 2012

With Dove season just around the corner, Texas is becoming one of the growing list of states that allows the use of silencers when hunting.

A silencer is a Title II Firearms which is restricted by the National Firearms Act and can only be sold by dealers who have a Class 3 SOT license. (They can also be purchased second-hand from individuals using the same ATF Form 4). Because of their classification they require a $200 Tax stamp and approval from the ATF or BATFE before you can take possession of them.

Other states including Texas have previously allowed the use of silencers when shooting varmint but not on game. While the law was passed in March, Texas hunters have been patiently awaiting September 1st to legally use silencers while hunting.

You will still need to apply and receive a state permit from the Texas Parks and Wildlife to hunt for alligators, game animals or game birds with a silencer.

When your ready to begin hunting with a silencer in Texas, you should contact a Texas Gun Trust Lawyer ® to discuss setting up a Gun Trust. Gun Trust when properly created can help protect you and your family from violations of the NFA and add additional flexibility that is not available for individual owners.

Gun Trust Lawyer works with lawyers in more than 40 states including Texas to offer do it yourself Gun Trusts Forms, Texas Gun Trusts customized by Texas and NFA lawyers, and Asset Protection Gun Trusts.

Note: While a Gun Trust is a type of Revocable Trust, a Traditional Trust is not appropriate for the ownership, or disposition of firearms including NFA Firearms.

April 27, 2012

Texas Gun Trust Specials at Silencer Shoot in Dallas this Weekend

silencershoot_header.png
Please come join us and the other Sponsors of the Silencer are Legal Shoot by Silencerco.

Saturday, April 28, 2012, 9:00 am - 6:00 pm
10751 Luna Road | Dallas, TX 75220
972-556-0164
www.elmfork.com

Visit this website to Create your own Gun Trust online
Tickets are $12


You will have the chance to win Silencers and other firearms from many manufactures. Gun Trusts from us and many other items. For those attending the Shoot, the local Texas Gun Trust Lawyer will be offering discounts on Texas Gun Trust Forms, Advanced Texas Gun Trusts, and the new Professional Gun Trust which provides Asset Protection for your firearms.

Testing products from many vendors, including silencer manufacturers
and firearms manufacturers.Vendor booths selling state-of-the-art firearms and accessories. Ammo vendors on site to make sure your guns are fed all day long. Food and drinks available all day to ensure you have the energy to shoot. Raffles for a chance to win awesome products.

November 9, 2011

Can I take Title II Firearms back and forth between Texas and Colorado?

Texas Gun Trust Lawyer and Travel to ColoradoWe 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.

November 9, 2011

Gun Trust Lawyer and Funding Your Trust

Gun Trust LawyerFunding 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.

September 11, 2010

Texas Gun Trust Lawyer®: How to purchase Title II firearms from a Class III Dealer.

We have several Texas NFA Gun Trust Lawyer®s that we work with. While it is not necessary to visit the lawyers office, we have Texas Gun Trust Lawyer®s we work with in Austin, San Antonio, Dallas, Midland, and Houston. If you are talking with a lawyer about a NFA firearms trust for the purchase of Title II firearms from a Class III dealer remember to ask them if they are using the copyrighted Gun Trust from GunTrustLawyer.com. If you would like more information on the What a NFA Firearms Trust is and why it is significantly different that an standard revocable trust, contact a Gun Trust Lawyer® and we would be happy to send you information and answer any question relating to the NFA and Title II firearms ownership, transfer, possession, or use.

To create a Texas Gun Trust Contact Us by phone or email and we can begin the process. Typically we draft the trust for the NFA and have the local attorney modify it for Texas. Depending on your situation, a specific Texas attorney may be chosen. The cost of the trust includes the local counsel and the fees are shared with the local attorney. Our Fee is for the National work and the Texas Gun Lawyer is compensated for the Texas legal work.

Updated 9/11/10
We have relationships with Several Texas Gun Trust Lawyer®s including:

Austin Gun Trust Lawyer®
Dallas Gun Trust Lawyer®s
Ft. Worth Gun Trust Lawyer®s
Houston Gun Trust Lawyer®s
Temple Gun Trust Lawyer®s
San Antonio Gun Trust Lawyer®s, and
Midland Gun Trust Lawyer®s

July 19, 2009

Texas NFA Trust

A NFA trust is a type of revocable trust that have been modified to deal with the unique issues of NFA and Firearms purchase, ownership, transfer and possession.

Most typical trusts like those created from Quicken, Legal Zoom, or other lawyers can create problems for the Trustees, successor trustees and beneficiaries because of the instructions and powers found within them. They actually can cause an individual to create criminal liability for breaking the law. You should be careful if you have a standard trust that you are using to hold possession to firearms. Firearms that are restricted by the NFA need to be treated differently that a traditional asset found within a Revocable trust.

If you would like your trust reviewed, contact a Gun Trust Lawyer® for more information. We have several Texas NFA trust attorneys and lawyers that we are working with. Make sure that when you are talking with a Texas NFA trust lawyer that they are using the latest version of our NFA Trust.

June 18, 2009

Texas NFA Trust for Title II Guns and Firearms

We have a relationship with Texas Gun Trust Lawyer®s and Attorneys and provide them for people all over Texas including Arlington, Austin, Corpus Christi, Dallas, Fort Worth, Garland, Houston, Plano, San Antonio and other areas of Texas. If you are interested in information on Texas NFA Gun Trusts (or NFA Firearms Trusts in any state ) and how they are different from regular trust email us or call us for more information.

May 22, 2009

BATFE seeks to seize NFA firearms from an Invalid Quicken Trust

Joshua Prince alerted me to a blog post on a developing situation he ran across on Subguns where an individual used Quicken to attempt to create a trust for NFA purposes.  Unfortunately the BATFE has now decided that his Quicken trust was invalid and is seeking to seize his MAC-11 and Silencer.  He could also be subject to a prison sentence of 10 years and $250,000 in fines.

This is a very unfortunate situation that could cost the individual severely. Its important to remember that just because the ATF approves your transfer, it does not mean that you are legally in possession.  This is the second situation involving invalid trusts and the ATF that we have seen this month. It looks like the ATF is beginning to look more closely at the trust documents they are receiving.

If you created a trust for NFA purchases in Quicken, Legal Zoom, or used another generic trust that was not reviewed before by a lawyer before submitting it to the BATFE, you should contact a NFA trust attorney to review your trust for validity.  If you need help finding a local NFA Trust Lawyer we can help.  We work with attorneys in more than 40 states including Florida Gun Trust Lawyer®s and South Carolina NFA lawyers to help review and create valid NFA trusts.

Note: At this time the link to the subguns has been taken down because of questions.  We believe this posting is authentic based upon correspondence with the individual but will update this post as the situation and our agreement with the individual (if any) allows.


Note: We have verified that the claims by the individual are true and they have been resolved by a Gun Trust Lawyer® (see the May 26th posting for more details).

March 17, 2009

How to Explain a Gun Trust to Family or Friends who are not Pro Firearms Rights

Father-swinging-baby.jpgRecently my wife was in New York visiting some family when they attempted to convince her that I, her husband, was helping criminals avoid background checks and arming them with machine guns, assault weapons, and other "illegal" firearms.  Additionally, the opined that my NFA Gun Trust Lawyer® website was a radical Gun Rights forum. 

While I would not find this hard to believe coming from people who live in the Northeast, I did find it hard to believe from transplanted New Yorkers who live in Texas and been surrounded by individual gun owners and guns being a part of the culture.  In trying to explain what I do to some family members including my wife, I found that there were some basic misunderstandings of the process, and the state of the interpretation of the 2nd Amendment of the Constitution as the Supreme Court interpreted it last year.  I decided that this would be valuable for many of my clients who are often dealing with similar issues.  Many people have family members or friends who are uneducated on the current status and interpretation of the Second Amendment.  As a result many people feel that there is an interpretation issue surrounding what the Second Amendment means.  While the Supreme court in a divided court found in favor of the individuals right to own a firearm, they unanimously found that the Second Amendment applied to an individuals right to keep and bear arms and not to that of a state.   We are at a time in history, when many of our rights involved in gun ownership are at risk.  Even though our current administration states that they support the Second Amendment, the do not support it as it has recently been interpreted and have an agenda posted on their website under urban plans to ban assault weapons.  They are currently trying to define an assault weapon as any firearm that have a removable cartridge.

statue_of_liberty.jpgWhile some people are not "pro-firearms," they still may believe in the ability for others to exercise their 2nd amendment right if they so choose.  This is similar to people that are "pro-choice" on abortion issues, but do not impose their beliefs on others. In the United States, women have the right to choose (within limitations) and Americans have the right to own firearms (within limitations), without unnecessary burdens or restrictions from the State government.  Whether or not you choose to possess the firearm is a decision that should be up to you just as other individual rights that are guaranteed to us in the US constitution.  

A person cannot purchase a machine gun without a background check just by using my trust.  The Gun or Firearms Trust merely prevents the local CLEO (Chief Law Enforcement Officer) from arbitrarily denying fully qualified individuals the ability to exercise their constitutional right to purchase a firearm.  A NFA or Gun trust does not make it easier for a criminal to purchase a firearm because criminals do not purchase legal machine guns, silencers, and SBR's because of the ease in which these items can be tracked back to the purchaser.

A person that intends to commit a crime with an firearm does not pay $20,000 - $250,000 for a legal machine gun and notify ATF of this purchase.  If a person wants to commit a crime with a machine gun, he or she is more likely to purchase it illegally on the street, without paperwork, and for a fraction of the price (around $1200).


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Besides allowing individuals to protect their right to purchase firearms, my trust provides protections for the families and friends of gun owners that are not available with individual ownership.  Through the traditional purchase route, many individuals would be at risk of criminal activity and prosecution for permitting a friend, spouse, parent, or child use or have access to the items.  In addition, individual ownership does not deal with important issues, such as incapacity or death of the firearm owner.  Likewise, a gun trust addresses the transfer of these firearms to heirs that may not be eligible to receive them, such as children or people living in a state where Title II firearms are not permitted.  As a Gun Trust Lawyer®, I have seen many individuals that were forming corporations, trusts, and LLCs that were generic in nature and did not address their needs.  Due to these errors, they placed their families, friends, and children at unnecessary risk.  A risk that can be avoided with a adequate NFA gun trust.

In 1934, the government enacted the National Firearms Act as an effort to stop the gangster activity.  In particular, the government used its taxing arm to arrest them for being in possession of improperly registered or transferred weapons.  Since then, there has only been one illegal use of a legal machine gun for criminal activity, which was committed by a police officer.

I believe that Americans should be proud to exercise their rights to own firearms and help others understand the flaws in their logic.  Remember Guns don't kill people, criminals kill people.  If you look at most firearm legislation, it only seeks to restrict lawful ownership of firearms.  It does not offer an answer to the question, "how to keep guns out of the hands of criminals," which should be the focus of any gun control.

August 20, 2008

Texas NFA Trust

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 in touch with a Texas NFA trust attorney in your area.

March 28, 2008

Texas (TX) What NFA Firearms can I own?

Texas NFA Class 3 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 Texas 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 Texas you cannot own the following NFA restricted items.
None

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