In Florida, it is illegal for an individual to be on probation to own, possess, or use a firearm without permission of a Judge and his or her probation officer. While initially, this may sound reasonable because in our minds we tend to associate probation with criminals and felons, many…
About two years ago we reported on a potential problem that exists because of a conflict between state and federal law and how this can cause problems with a Gun Trust that is not properly drafted. Now the BATFE has issued an open letter to FFLs that users of medical…
It appears that a former deputy in NY had some firearms that had been previously seized by the police in his personal possession even though they were suppose to be destroyed. One of the items in his possession was a silencer. While it appears that active duty police are permitted…
While a Gun Trust or other forms of ownership can allow you to purchase Silencers or other Title II firearms in states where they are legal, it is important to realize that just because you or a trust own a Silencer or other Title II firearm, you do not have…
Closing arguments are about to happen for a trial of three men in Alaska. Schaeffer Cox and two others are charged with, among other crimes, possessing and making an unregistered silencer and possessing an unregistered machine gun. Defense attorneys will argue Wednesday that their clients acted in self-defense as they…
Several Atlanta residents were recently sentenced to serve time after being convicted on varying federal firearms and narcotic related charges, according to information received from agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). These sentences are a result of an ATF initiated undercover operation, called ATL Blaze.…
Recently we have begun hearing that the ATF is no longer requiring a Schedule A and/or an Assignment of Assets with a Trust. While we have not been able to verify this with ATF at this time, we would still suggest sending in these documents with your trust for approval.…
While its legal to give someone a form for a trust or will to fill out, its illegal for a non-lawyer to help them complete the form or fill it out for them. Gerry Beyer of the WIlls, Trust & Estate Prof Blog brought my attention to this issue. Many…
Last week there was an issue where an individual was contacted by the ATF in an effort to seize his Title II firearms because of an irregularity with his Trust. A Gun Trust Lawyer® reviewed, amended, and restated the trust in question, creating a valid and enforceable trust that deals…
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…