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

While we had previously speculated that this bill would become law by faiure to veto, the Govenor 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.

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 alloted 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®

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®.

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 buy 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.

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