Recently in Title II Weapons Category

March 28, 2014

Michigan (MI) What NFA Firearms can I own? Updated 3/28/14

Michigan NFA Class 3 firearms

There are several type of Title II firearms which are sold by Class 3 SOT dealers that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of Title II firearms in addition to the compliance that is required with the National Firearms Act.

In Michigan you can own the following Title II Firearms that are regulated the the National Firearms Act:

Machine Guns
Suppressors
Any Other Weapon (AOW) (only some)
Destructive Devices (DD)
Short Barreled Shotguns (SBS)  (See Below but Legal as of 3/28/14)
Short Barreled Rifles (SBR)  (See Below but Legal as of 3/28/14)
In Michigan you cannot own the following NFA restricted items.
 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
The Michigan State Police put together a legal update on SBR and SBS which describes the differences between those over 26 inches and those under 26 inches.

Continue reading "Michigan (MI) What NFA Firearms can I own? Updated 3/28/14" »

October 18, 2013

Hawaii (HI) What NFA Firearms can I own?

Hawaii NFA Class 3 firearms
There are several type of Title II firearms which are sold by Class 3 SOT FFLs that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of these Title II firearms in addition to the compliance that is required with the National Firearms Act.

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

Individuals cannot own any NFA firearms which are kept within HI.
State and county law enforcement officers who are not convicted of an offense involving abuse of a family or household member under 709-906 can own and possess Silencers and Machine Guns and Short Barreled Shotguns (SBS) and
Short Barreled Rifles (SBR)
.
In Hawaii you cannot own the following NFA restricted items.
Machine Guns
Silencers*
Machine Guns*
Short Barreled Shotguns (SBS)*
Short Barreled Rifles (SBR)*
Any Other Weapon (AOW)
Destructive Devices (DD)

Follow this link to find out more about Hawaii and NFA restrictions on Class 3 Firearms
Updated 10/18/13

December 24, 2012

An Overview of NFA Gun Trusts? What is a Gun Trust

Many of you have asked your estate-planning lawyer about Gun Trusts and have not been able to find anyone who knows about them. This is not hard to believe because other than some materials I have produced or talked to others about there is no text book on gun trusts.

We work with lawyers in every state to help them prepare gun trusts for clients in their state while providing them a resource for the knowledge and information necessary to understand the ownership, transfer and possession of firearms.

In 2006, I recognized the need to create a Trust for NFA and regular firearms. It was at that time, that I created the Gun Trust. A Gun Trust is based on the traditional concepts of estate planning. Traditional trusts deal with all types of assets that are primarily financially based, but a Gun Trust only deals with firearms. They are not meant to circumvent federal or state laws, as many would have you believe. Trusts were clearly contemplated as owners of firearms by the National Firearms Act. The National Firearms Act (NFA), requires a tax to be paid to own, possess or transfer guns such as machine guns, short barreled rifles and shotguns, silencers or sound suppressors, and AOWs. They are referred to as Title 2 firearms because they are regulated under Title 2 of the 1968 Gun Control Act. Normal firearms are regulated under Title I of the Gun Control Act. Many people mistakenly call them Class 3 weapons, but Class 3 refers to a license or Special Occupational Tax (SOT) that a FFL must obtain prior to buying or selling Title II Firearms.

History of the National Firearms Act

The NFA was passed in 1934 in response to the criminal activity of the time. It imposed a $200 tax on certain firearms thought to be contributing to the growing crime problem. In an effort to discourage possession of these types of firearms, individuals were required to register them with the government and pay a tax of $200. Once this tax was paid, the owner would receive a Tax Stamp for the $200 that would have to be kept with the firearm to identify the owner, who could be in possession, and in what state the firearm could be located. Later the NFA was amended to further restrict certain items called Any Other Weapons ( an "AOW"). The tax to purchase an AOW was only $5 but to build one the tax was the same $200 as with other Title II firearms.

The NFA was designed to have strict requirements and carries stiff penalties for violations. Only an individual, business entity, or trust may own a Title II firearm in the civilian community. In addition, only the owner or their representative may be in possession of that firearm. Illegal possession, transfer, or ownership of a Title II firearm carries a prison sentence of up to 10 years, a fine of up to $250,000, loss of the firearms, and loss of the vessel (vehicle, or home) that the illegal firearms were contained. The NFA defines possession to include loaning so it is important to understand the concept of constructive possession and why individual ownership poses many risks to the average family. Many people mistakenly believe it is ok to let someone else use their Title II firearm if they are close buy, inside a closed fence, hand is on their left solder, or can see them. Even if these were permitted, imagine bringing a silencer home from a gunsmith or range. While you are on the phone your spouse grab your keys to go shopping. Surely you would not believe that this was permitted transfer or possession of a Title II firearm without pre-approval and paying the Tax. A Gun Trust can help protect and manage Title II firearms from these common issues.

ATF Requirements

Title 2 firearms must be registered with the ATF through application process. Whether you are purchasing a Firearm from a dealer with a Class 3 SOT or building your own Title II firearms, you must first go pay and obtain approval from the ATF to have it transferred or to build the firearm. For an individual the ATF requires that you fill out the appropriate form, affix a two-by-two inch photograph of yourself along with fingerprints, and have the application signed by your local chief law enforcement officer (the "CLEO") In addition you must include the tax fee which is typically $200 for each Title II firearm. Once the application is approved the person or entity who submitted the application will receive notice and the firearm may then be created or transferred. The approval time may take anywhere from three to six months.

The NFA Gun Trust

NFA gun trusts have become popular in recent years as an alternative to individual registration because of the flexibility they offer after the firearm is purchase as well as not requiring the photos, fingerprints, or CLEO signature. The Gun Trust can allow other managers or trustees of the trust to uses the firearms. State law controls the formalities of creating a trust and while in some cases lesser formalities may be required, it is recommended that you comply with the formalities other states to simplify the process and authorization in the case that you or others involved with the trust do not live in the same state where the trust was created. There are basically four types of people or entities that are involved with a Gun Trust: grantor/settlor, trustee, successor trustee and beneficiary.

The grantor or settlor is the person who creates the Gun Trust to manage who and how and when others will have access to or can use firearms within the Trust. A Trustee will submit the application to ATF but instead of registering the firearm in their name, he or she will list the Gun Trust as the owner. Trustees are also the individuals who will hold the trust property for one set of people during the grantor's life and the beneficiaries after the death of the grantor. Trustees may legally possess NFA weapons in the trust even though they are not listed on the application. In most cases a Trustee should be at least 18 years old (federal law prohibits anyone under 18 buying NFA firearms, and anyone under 21 from purchasing NFA firearms from a FFL with a Class 3 SOT) and not be otherwise prohibited from possessing firearms. A well drafted Gun Trust Lawyer® can craft provisions to allow for minor children to use the firearms with adult supervision. The beneficiary is the individual who receives the trust property upon the occurrence of a defined event that is often the death of the grantor. A well-drafted gun trust will deal with the many issues that arise in the event that one of the beneficiaries is a minor child, immature, or a prohibited person at the time the grantor dies.

Advantages of a Gun Trust

Gun Trusts should be very flexible. While most are established as a revocable trusts there are many advantages to using an irrevocable trust that are not available to a Gun Trust that is revocable. While many irrevocable trust have significant disadvantages, it is possible to intentionally violate tax code and remove the disadvantages. This type of trust is called an intentionally defective irrevocable trust.

Another advantage is that a Gun Trust does not require the Fingerprints, photographs, and CLEO approval. Not only can this speed up the process, but it also is more private.

While business entities have some of the same benefits as a Trust, they often involve yearly expenses, formalities, and are not designed to deal with ownership, transfer, possession, and use of firearms like a Gun Trust.

While many Gun Trusts are not designed to protect your firearms for generations or from creditors of yourself or your family, there is a Professional version of the Gun Trust that is designed to do both. If you are concerned about giving children and future family members that ability to use firearms if it should become illegal to transfer these firearms later or what to protect your guns from creditors, you should ask about the Multi-Generational Asset Protection Gun Trust.

Top 12 signs that you may not have a real gun trust.

1) You were told to put only NFA firearms in your trust
2) Your Trust talks about real estate, stocks, your house, and guardians of children
3) Your trust instructs others to break the law if you become incapacitated or die.
4) Your trust allows You to dissolve your trust without any prior actions
5) Co-Trustees are listed right in your trust document
6) Your Trust uses a Schedule A
7) Your Trust requires the sale of your firearms to pay you income if I become incapacitated.
8) Your trust does not specifically allow for the purchase of firearms in the powers
9) You trust does not mention guns, the NFA, Title II, Prohibited Persons, or uses incorrect terms like Class 3 firearms.
10) Your trust did not come with an extensive manual and how to section describing almost everything you could possibly think of.
11) You were told the Gun Trust was designed to circumvent laws.
12) Your trust does not contain a Copyright by Gun Trust Lawyer® David M. Goldman

For more information on whether a NFA Gun Trust or Gun Trust makes sense for your circumstances, use the contact form on this page to receive more information on Gun Trusts.

November 24, 2012

ATF says 07 Manufactures must comply with ITAR

We have been telling 07 Manufactures for almost a year that they need to comply with ITAR even if they do not export anything. Now the according to Joshua Prince with the Prince Law Firm, In the November 2012 newsletter ATF has declared that all 07's must register with the DDTC unless the DDTC specifically exempts them. The penalties are huge and include 20 years in prison and 1 million in fines among other civil penalties per violation.

So what ever your reason for not registering even if ATF previously told you not to, you need to register and register soon. If you need help with this please Contact Us and we will be happy to get you in touch with someone who can help you do this correctly.

July 6, 2012

NFA Gun Trust for all Firearms or Not?

We often get asked if one should put all of their firearms in a Gun Trust or not? Like most legal questions the answer is usually "it depends". All of our Gun Trusts are designed to hold all of your firearms and any real gun trust should be designed for all of your firearms.

With that being said we have seen many documents marketed as gun trusts or NFA gun trusts that are not really designed for NFA much less any firearm. Some which appear to be designed for firearms strictly limit the property or assets that they can hold to NFA firearms.

This is a mistake and any trust you use to hold firearms should be designed to hold all types of firearms, ammunition, and other firearms related items like scopes or optics.

If you think about it, the same decision-making process goes into the determination of whether a beneficiary ( example spouse, child, parent, friend) is appropriate for the gift of a Glock as a Machine gun or silencer.

It is not enough to vaguely mention firearms, guns or the NFA in the trust but every provision should be re-written to deal with firearms and not other types of property like a home, stock account, or car. You will not cause someone to break the law if you give them a bank account, but might do so with a gun.

Things to look for in a Gun Trust Lawyer®:

1) do they own guns and support 2A activities and rights?
2) Do they use the right terms and language? Someone who talks about Class 3 firearms or whose documents refer to them does not understand enough about the NFA to know the difference between the licences required to sell Title II firearms and the items that can be sold.
3) Are they primarily interested in selling you other legal services and using the concept of a gun trust to create a contact or sell other services?
4) Do they have support behind them?
5) Will your trust be valid if you move to another state?
6) Does you trust support authorized users in other states?
7) Can you Gun Trust be upgraded to provide multi generational and or asset protect without loss of your initial investment?
8) How much experience with Gun Trusts do they have?
9) Do they have both Criminal Law lawyers and estate planning lawyers who are familiar with the NFA and ATF?
10) Do they include unlimited support for the life of your involvement with the Gun Trust at no additional charge?
11) Do they have a comprehensive manual that covers all aspects of NFA firearms ownership, transfer, possession at no additional charge?
12) Do they write regularly on the NFA, changes with the ATF, and common issues that arise with the use, transfer, purchase, and possession of TItle II firearms?

Our network of Gun Trust Lawyers® does all of the above and you can tell if you are purchasing a Gun Trust from a lawyer we work with or whom has licensed our trusts by checking for our copyright on the trust you receive.

If you would like to know more about what a real Gun Trust Is? or What are the Benefits of a Gun Trust? Contact Us by using the form on this page, or by calling us.

We have over 200 lawyers in 43 states that we have worked with to create over 5000 Gun Trusts since we created the first trust gun trust. If you would like help contacting a Gun Trust Lawyer in your state, call or email us. Please note that the process is generally stated in our office as the federal issues are more complex than the minor state specific issues. Our support comes with both help on the state specific issues relating to trusts and firearms and the federal issues relating to the NFA and other firearms ownership transfer and possession.

April 30, 2012

Can I Add a Stock or a Folding Stock to a Pistol?

pistolstock.jpgWhile it is legal to add a Stock or a Folding Stock to a pistol, doing so will create a SBR which must be engraved and approved using an ATF Form 1 prior to doing so. In fact, having a stock and a pistol in close proximity with the present ability to configure it as an SBR could be constructive possession of an SBR. If you are planning on doing building an SBR, you should keep the stock in a separate location so that you are not charged with possession of an SBR without a valid tax stamp and approval to do so.
While SBRs are legal in many states, they are not legal in all states and you should check to see if possession or manufacturing a SBR is legal in your state.

July 22, 2011

Missouri (MO) What NFA Class 3 Firearms can I own?

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

Machine Guns
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
Any Other Weapon (AOW)
Silencers
In Missouri you cannot own the following NFA restricted items.
Destructive Devices (DD)
Follow this link to find out more about Missouri and NFA restrictions on Class 3 Firearms

<strong>NOTE:</strong> Starting 8/28/2011 you will be able to use a NFA trust to purchase NFA firearms in Missouri without the need of a C & R, FFL, or use of a Corporation or LLC.
May 18, 2011

Missouri Passes House Bill 294 Regarding NFA Firearms

In Missouri, you have previously needed to be an FFL to purchase Title II firearms from a Class 3 dealer. This may change soon as a new bill which is proposed to be effective on 8/28/11 would remove the FFL restriction. This means, you could use a Gun Trust to purchase NFA firearms. To read the bill follow this link.

April 30, 2011

The Importance of Naming a Beneficiary in your Gun Trust

antiquefirearm250x186-495.jpgOne of the basic foundations of a Trust or Gun Trust is that there must be a named beneficiary that exists at the time you create your trust. If there is not a named beneficiary that exists at the time the trust is created, the trust is invalid, and if the trust owns NFA firearms this could create large problems for those who are in possession of them. They are essentially in possession of an NFA firearm without a proper transfer. This is true, as many people are finding out, even if the ATF has approved the transfer to the trust on a Form 4 or Form 1.

Often people do not know whom to list as a beneficiary in their trust. While a normal trust or revocable trust does not deal with transfers to children or other prohibited persons correctly a properly drafted NFA Trust should look at where the items are, where they are going, the legality in each location, the proper method for completing the transfer, the eligibility of the beneficiary to posses the firearms (at the time they are to be transferred and not simply at the time the trust was created) as well as whether the individual is mature and responsible enough to have a machine gun or a regular firearm for that matter.

One must also evaluate the successor trustee to determine if they are eligible to complete the transfer or be in possession (under dominion and control) of a firearm. Many traditional trusts and other so called Gun Trusts do not deal with these issues properly. Firearms Trusts or Gun Trusts from the Gun Trust Lawyer® are designed from the ground up to deal with firearms and related activities.

If you do not have children, a spouse, or others that you want to leave the firearms to, or they happen to predecease you, a charity can be named as the beneficiary. Many of our clients have chosen to name one of the NRA foundations, the Second Amendment Foundation, the NFATCA, or one of the other gun rights organizations as a beneficiary.

Who ever you name, you just need to make sure they are alive or in existence at the time the trust is created. You cannot name future unborn children unless they are named in conjunction with a living person or entity.

For information on the NFA options see theNRA Planned Giving Guide

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®

March 22, 2011

NFA Ranges by State

We are beginning to gather a list of Ranges which allow the use of NFA Firearms, If you are a range or know of one who does, please let us know and we will add them to our list.

Please visit our NFA Ranges page for the list

February 11, 2011

How to purchase a Title II Firearm from an out of state person.

When you are purchasing a silencer, SBR, SBS, Machine Gun, AOW, or DD from an out of state resident there are two ways of accomplishing the transfer.

The first and slower way is to do a Form 4 transfer to a local Class 3 SOT dealer. Once this is approved a tax free transfer can be made from that dealer to one in the purchaser's state and then a second Form 4 transfer can be done from the buyer's dealer to the buyer. This will involved 2 transfer fees and generally each dealer will charge a fee for the paperwork and transfer.

The second method involves transferring it directly on a Form 4 to the buyers Class 3 dealer who is located in the same state as the buyer. Once this is approved a second Form 4 transfer can take place from the dealer to the buyer. This will involve 2 transfer fees and fees from the single dealer. This method should be quicker since the dealer to dealer transfer is eliminated.

February 4, 2011

Individual Sentenced to more than 8 Years in Prison for Illegal Machine Guns...

doj-seal-color-90x90.jpgThe US Department of Justice today announced that

A man in Berlin, Connecticut, was sentenced to 101 months of imprisonment, followed by three years of supervised release, for illegally possessing machine guns, a sawed-off shotgun, silencers, grenades and improvised explosive devices or IEDs.

These items are controlled by the National Firearms Act and you must purchase them using a Form 4 or manufacture them with a Form 1 and pay the tax. If you are in possession of them, are using them, or sell them without complying with the requirements you can face prison sentences and fines.

A NFA Firearms Trust can help you protect yourself and your family from improper possession and other issues such as constructive possession. Contact a Gun Trust Lawyer® for more information on What a Gun Trust is and how you may benefit from one.

January 28, 2011

ATF Study on the Importability of Certain Shotguns - A Saiga Ban?

The ATF Study on the Importability of Certain Shotguns was published today.

Many of you have been following the supposed ban on imported Shotguns like the Saiga that was announced by the ATF during the Shot Show in Las Vegas last week. Instead ATF announced a study which may some a little extra time to purchase these firearms before a ban goes into place and states that

A change in ATF's position on practical shooting has potential implications for rifle and handgun classifications as well. Therefore, the working group believes that a more thorough and complete assessment is necessary before ATF can consider practical shooting as a generally recognized sporting purpose.

The items that ATF believes are not suitable for a sporting purpose are:

(1) Folding, telescoping, or collapsible stocks;
(2) bayonet lugs;
(3) flash suppressors;
(4) magazines over 5 rounds, or a drum magazine;
(5) grenade-launcher mounts;
(6) integrated rail systems (other than on top of the receiver or barrel);
(7) light enhancing devices;
(8) excessive weight (greater than 10 pounds for 12 gauge or smaller);
(9) excessive bulk (greater than 3 inches in width and/or greater than 4 inches in depth); (10) forward pistol grips or other protruding parts designed or used for gripping the shotgun with the shooter's extended hand.

Our determinations will in no way preclude the importation of true sporting shotguns. While it will certainly prevent the importation of certain shotguns, we believe that those shotguns containing the enumerated features cannot be fairly characterized as "sporting" shotguns under the statute. Therefore, it is the recommendation of the working group that shotguns with any of the characteristics or features listed above not be authorized for importation.

shotgun-atf.jpgThe report has some interesting charts and pictures. I noticed that in the Shotgun Stock Style Comparison, they show many firearms and name them, but the one they do not name is not a stock Saiga but has been modified as the trigger has been moved forward and a separate pistol grip has been added. It looks like the rumored ban on the Saiga's will happen so if you want one, you time may be limited.

saiga-atf.jpg

What is unknown at this time is what or how ATF will treat those items that are already in the US. Since most shot guns have a bore size greater than 1/2 an inch we could see some devices classified as destructive devices. The ATF is asking for comments and I have included their information below. Please review the study and respond.

Update: Joshua Prince a Pennsylvania Gun Trust Lawyer® has also written a summary of the report that can be found here

All interested persons may submit comments on this study. Comments may be submitted by e-mail to shotgunstudy@atf.gov or by fax to (202)648-9601. Faxed comments may not exceed 5 pages. All comments must include name and mailing address. ATF encourages submission of comments no later than May 1, 2011.
January 27, 2011

Taurus Raging Judge - NFA Firearm or not?

ragingjudge.jpgLast week Taurus introduced the Raging Judge a 28 Gauge Revolver. There are conflicting reports as to if this item will be restricted under the NFA by the ATF and whether if restricted, Taurus will make the firearm available. Many are reporting that because the bore size is around a 55 caliber that it might be restricted as a Destructive Device or a SBS. Recently the ATF came out with a new classification of firearm called a smooth bore pistol grip firearm. I think if it ends up being restricted that the ATF will restrict it as an AOW because it is less than 26" and seems to fit the same category as the Serbu Super Shorty.