FAQ's

January 19, 2015

Gun Trusts for those on Probation (even for Driving)

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 of us do not realize that this also applies to those on probation for misdemeanor and driving offenses. Still don’t see a problem? What about a DUI or reckless driving charge? Did you know that you or your spouse could go to jail for owning, using, possessing, or having access to a firearm while on probation for a driving charge?

Most Jacksonville Criminal Defense Lawyers may not know to ask their clients about firearms in these circumstances and may be advising their clients incorrectly when charged with a DUI or reckless driving charge. A Gun Trust can be designed to manage your firearms without risk of loss and criminal prosecution while an individual or family member is on probation.

If you live in another state, you may check to see if the terms of probation include restrictions on ownership, transfer, possession, and use of firearms or weapons.

December 28, 2014

ATF Updates Policy on Sig Brace and Pistol Regarding SBR

by David M. Goldman

Thumbnail image for sig_arm_brace_sb15.jpg We are all familiar with the inconsistency of the ATF. The ATF has changed their position on the Sib Brace (SB-15) with a pistol. While the ATF, still states that it is legal to use the SB-15 as intended (strapped to your wrist), they have reversed their position on using the SB-15 when shouldered.

You may remember that earlier this year, ATF stated that since the SB-15 is not intended to be fired from the shoulder, the misuse of an individual would not change the classification of the firearm. See the March ATF SB-15 letter

We believe that this is the correct decision and interpretation. The problem is that someone else recently asked the same question and got a very different answer. ATF has now stated that the misuse of the SB-15 (being fired from the shoulder) does create an SBR and make the pistol subject to the NFA.

sig brace letter 01.jpg
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December 11, 2014

Revisions to North Carolina and Gun Trust Transfers and Machine Gun Update Under the NFA

by David M. Goldman

North Carolina NFA Trust and Gun Trust Update:

In Dec 2014, a Gun Trust transfer of a Machine Gun was rejected by the ATF when it stated “In Accordance with NC General Statute 14-409. Please remember that your Form 4 must state a reason other than for scientific and/or experimentation or “in accordance with 14-409” to comply with The January 11, 2013 email from Dana Pickles. We are in the process of verifying this and will update this blog if anything changes.

A recent email from Dana Pickles at the US Dept. Of Justice Bureau of ATF NFA Branch stated the following changes for North Carolina

November 19, 2014

ATF Update on Sig Brace? SBR or SBR and Gun Trusts

by David M. Goldman

In the last few days a letter has surfaced on the Internet reportedly written to a small shotgun maker, which states that shouldering a Sig Sauer SB 15 pistol stabilizing brace could change a firearms classification to a short barrel shotgun.

The letter was written in response to Black Aces Tactical’s request related to a short-barreled shotgun that was designed to incorporate the SB 15 Brace. Black Aces Tactical submitted a sample which they say had an overall length of 27 inches. The sample had a SigTac SB15 arm brace attached as well as a vertical foregrip. The brace is intended to allow a shooter to fire and an AR pistol with one hand using a Velcro strap to attach to the arm.
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November 7, 2014

How long does a Form 4 take with a Gun Trust and Update to 41P

by David M. Goldman

Great news! The ASA is reporting that the time to process a Form 4 with a Gun Trust has continued to decrease and looks like the time will continue to decrease. Less than a year ago the average wait time was in excess of 12 months. A few months ago the time was reduced to 6-9 months. The current time is 4-6 months, and if you are processing a trust now, you could see an even shorter time as ATF clears their backlog. ATF is continuing to hire and train more people to process the increasing number of ATF Form 4s and Form 1s.

Even better news is that we may see a new electronic Form 4 announced in January at the Shot Show.

41P UPDATE

October 30, 2014

Must / Should I carry a Copy of my ATF forms with the Firearm?

by David M. Goldman

This is another one of those issues where the answer is not can you do but what should you do. Technically, you do not have to have a copy of your Form 1 or Form 4 for anyone other than the Attorney General, the ATF or an agent or investigator upon request.

Some recent case law has stated that a police officer is not an investigator or agent or the ATF and as such has no right to request to see your ATF form. I cannot believe the amount of money and or the risk that the individual took when a copy of the document on your cell phone or in your gun bag would have avoided the issue. In addition, there is nothing to state that a judge in your state or where you are asked for the paperwork would rule the same way.

The NFA requires that a person possessing a firearm registered in the National Firearms Registration and Transfer Record (NFRTR) retains proof of registration which must be made available to the Attorney General, specifically an ATF agent or investigator, upon request.

September 11, 2014

ATF Approves some Form 1 to Make Machine Guns by a Gun Trust and then Rescinds the Approval

by David M. Goldman

We understand that ATF has approved a number of applications to permit Gun Trusts to manufacture machine guns and then rescinded the tax stamp to make the machine gun.

Many others have reported to us today that their Form 1 was disapproved by the ATF with the following reason:

Reasons For Disapproval

August 3, 2014

Gun Trust and ATF 5320.1 Form 1 Approval in 35 days

by David M. Goldman

I recently published an article on Gun Trusts and an amazing 1 day approval. I felt that this was an unusual circumstance and decided to submit an electronic ATF Form 1 back on July 26th using my personal Gun Trust to test out the current time for approvals on using a Trust from a Gun Trust Lawyer®.

While I was not surprised to have not received an approval on July 27th, I have been checking the status regularly. I was surprised to receive an approval early Saturday morning August 2, 2014. This approval was not anywhere as quick as our clients 1 day approval, but only took 35 days to get approved which is amazing considering that many are reporting 9-14 months for a paper approvals. Not only was the approval quick, but the email notification came with an attachment which contained a copy of my Form 1. The process for printing the approval was more complex than it needed to be and I guess that the ATF decided they could cut down on the amount of communication and support by just sending a copy. A wise move by the ATF.

Please let us know about your approval times so we can see if others are experiencing similar results.

July 6, 2014

What to do if your ATF eForm is rejected.

by David M. Goldman

One of the benefits in using a Gun Trust is that you are able to submit electronic applications with the new ATF website. This is possible because a Gun Trust does not require a CLEO signature nor fingerprints. Currently only Form1s can be submitted electronically, but Form 4s should be back online soon. It is important to fill out the application correctly as there is not a way to correct mistakes that are made like with the paper forms. A mistake in the past would have put your application in the back of the line, but not any more.

If you make a mistake on an ATF eform (http://www.atfonline.gov) there is a way to submit a correction without going to the end of the line.

Once you receive the notice that your eForm has been rejected, you will receive a refund of the application fee in around 10 days. You do not have to wait for the refund to be processed to resubmit a corrected application. You can pay the fee again while waiting for your refund or wait for the refund and them resubmit the application.

June 26, 2014

ATF eForms Approval for Gun Trust in only 1 Day

by David M. Goldman

One of our clients submitted an application to build a Form 1 on June 24, 2014 and was surprised when they checked their email the next morning and found that the ATF had approved the application to build the SBR.

When I first received the call, I thought it was a mistake, but then I walked the client through the Atfonline website and the process of printing the electronic Form 1. I have provided a copy for those who are as skeptical as I was about a 1 day approval process on a Form 1 from the ATF.

Not sure if this was a mistake or the ATF had just cleared out the backlog of Form 1’s but if you considering creating a Gun Trust to build an SBR, you may want to do it sooner than later.