Recently in Washington - Gun Trust Lawyer Category

March 8, 2014

NFA Firearms State Law Changes in Process

There are several states which are working on changes to firearms laws at the current time.

Alabama is in the process of legalizing hunting with suppressors
Georgia is in the process of legalizing hunting with suppressors
Iowa is in the process of legalizing suppressors
Washington State has both a house bill and senate bill legalizing the use of Short Barrel Riffles.

These new legislative initiatives should greatly increase the sales of suppressors and SBRs in the above states. If you are looking for a Gun Trust to create purchase, manage, and own NFA firearms contact us to find out more about a Gun Trust Lawyer® in your area and the benefits to using a real gun trust.

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

March 19, 2013

Are Machine Guns Legal in Washington State?

Mark Knapp a Washington Gun Trust Lawyer® and firearms lawyer has written a blog that deals with the possibility of obtaining a legal machine gun in the State of Washington.

Generally Machine guns have been illegal to import or transfer in Washington State since 1994 and then only those that were manufactured and registered with the NFA before the 1985 ban were permitted. Those who owned them prior to the 1994 Washington ban could keep them.

There seems to be some ambiguity in the law which may permit certain people to obtain certain Machine Guns. It would not be an easy process and would involved a WRIT OF MANDAMUS which Mark called a long shot.

If you are interested in this you may want to ready his blog on Machine Guns in Washington may be legal

If you are in Washington and are looking for a Gun Trust for your firearms Contact Us.

April 11, 2011

Governor of Washinton Signed Silencer Bill into Law

While we had previously speculated that this bill would become law by failure to veto, the Governor actually signed it.

According to the Second Amendment Foundation, Silencers should be legal to shoot 90 days following the end of the 2011 Session. Unless ended earlier, this would mean that you can shoot your silencer legally after July 24th 2011.

It's time to order your silencer if you do not already have one. You could have your Form 4 paperwork approved in time to shoot it legally on the first day.

By the way SAF is a great gun rights organization and brings many of the lawsuits you hear about on a daily basis. If you have not joined it you should. It only costs $15 a year or $150 for a lifetime membership.

March 31, 2011

Silencers may be legal to use in Washington State Soon

While it has been legal to purchase a silencer or suppressor for a firearm in Washington State, it has been illegal to use them.  That may change soon as a bill has passed the house and senate that allows for the use of a silencer if it is legally owned under the NFA.

While it is reported that the governor will probably not sign it, the bill is expected to become law by the failure to veto it within the allotted time under state law.

This will be good news for those who already own silencers in the State of Washington.  We will update you once it becomes legal to use them.  For more information on Title II firearms in the State of Washington contact a Gun Trust Lawyer®

July 23, 2010

Gun Store Provides Invalid Trust Form; ATF Initially Approves 3 Transfers

A Washington state gun store prepared an invalid trust for their customer and the ATF approved three Form 4 transfers.

Not only is the preparation of a trust by a non-lawyer the unauthorized practice of law, but it also could put you at risk of an invalid transfer, possession, and use charge by the ATF which could subject you to forfeiture of your firearms, a $250,000 penalty, and up to 10 years in jail.

This particular gun store trust did not have a trustee, a successor trustee or a beneficiary and was missing required schedules that were required for validity by the way the trust was drafted.

Remember that even if the ATF approves an invalid trust, it does not make the transfer legal. ATF is approving a transfer to a non-existent entity, which you cannot comply with, and when you take possession it becomes illegal. The good news is many trusts can be updated to be valid and keep the original name so that there is a valid trust behind the possession of the firearms. If you would like to have your trust reviewed, contact a Gun Trust Lawyer®.

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).

June 23, 2008

Washington (WA) What NFA Firearms can I own? Updated

Washington 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 Washington you can own the following items that are regulated the the National Firearms Act

Silencers
Any Other Weapon (AOW)
Destructive Devices (DD)
In Washington you cannot own the following NFA restricted items.

Machine Guns*
Short Barreled Shotguns (SBS)*
Short Barreled Rifles (SBR)*

NOTE:* Not legal to own or possess parts that can make these firearms unless these items were legally acquired prior to July 1, 1994 and be in compliance with federal law or machine Gun, Short Barreled Shotgun, or Short Barreled Rifle but be possessed by by peace officer for official duty, armed forces, or person in compliance with NFA who has undergone Fingerprint and background check who in engaged in the production , manufacture, repair, or testing of Machine guns, SBR, or SBS

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

Note: Although you can own a silencer, it may not be used on a gun. Also for other class 3 items a state license is required in addition to the requirements under the NFA