Articles Posted in Gun News

We have been telling people for years that a properly drafted gun trust can help protect your firearms in the event that you become a prohibited person in the future.  Today the Supreme Court came to a Unanimous Decisions supporting our view that a trust can be used to hold firearms for a liquidating event or for the future beneficiaries of the trust without being lost.

The court held that “while a convicted felon is prohibited from “possessing” firearms pursuant to 18 U.S.C. 922(g), nothing strips the individual of his/her property interest in the firearms and the individual retains “the right merely to sell or otherwise dispose of their firearms,” provided the felon lacks all control over the firearms.  Our Gun Trusts already provide for this ability to just this type of purpose.

The Court also held that  “§ 922(g) does not bar such a transfer unless it would allow the felon to later control the guns, so that he could either use them or direct their use.”  This even permits an individual to create a gun trust after they lose their rights, assign the property to a trust as long as they do not have the ability to have direct or indirect use nor direct their use.  A properly drafted gun trust would remove all abilities of a felon or prohibited person from using or directing the use of all firearms and ammo within the trust.

Section 922(g) proscribes possession alone, but covers possession in every form. By its terms, §922 (g) does not prohibit a felon from owning firearms. Rather, it interferes with a single incident of ownership—one of the proverbial sticks in the bundle of property rights—by preventing the felon from knowingly possessing his (or another person’s) guns. But that stick is a thick one, encompassing what the criminal law recognizes as “actual” and “constructive” possession alike. (Emphasis in original)

The Court declared that nothing prohibits the individual’s “right merely to sell or otherwise dispose of that item.” In supporting the concept of a gun trust the Court stated  “A court may also grant a felon’s request to transfer his guns to a person who expects to maintain custody of them, so long as the recipient will not allow the felon to exert any influence over their use.”

If you have lost or are expecting to lose your gun rights, it is not too late to create a gun trust, contact us to create a secure gun trust as permitted by the Supreme Court to protect the value of your firearms or the firearms for your children and future generations.

You need to timely dispute the ATF denial. ATF is denying these applications under 922 (O) (1)

Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

But if you read the section 922 (O) (2) (A), the exception, states that:

a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or

An approved Form 1 is under the authority of the United States or a department or agency thereof.

Is ATF claiming they are not an agency or department of the United States? Interesting, but they would have a hard time explaining this.

If you would like help filing your appeal, contact us ASAP before your right to appeal the wrongful denial cannot be appealed.

Note and Disclaimer: This is unsettled law, and there is no guarantee that you will be approved in an appeal of your denail

The Michigan Senate Judiciary Committee on Tuesday unanimously approved legislation that would lift the state’s ban on short-barreled shotguns and rifles.

Senate Bill 610 would align Michigan with more than 40 other states that allow residents to own such guns if they meet federal requirements.

The current Michigan regulations prohibit people from manufacturing, selling, offering for sale or possessing a short-barreled shotgun or rifle. There is an exception allowing ownership of an antique gun unlikely to be used as a weapon. Often if the gun is modified it no longer remains the C&R status of an antique gun.

We will keep you updated on what happens and if or when residents of Michigan are able to purchase a SBR or SBS.

It seems that there has been a lot written about the NFATCA recently because of the recent proposed changes to the way NFATCA wants to deal with Trusts and define responsible parties. While it is clear that the NFATCA did not request the changes that have been proposed, it might be fair to say their efforts opened the can of worms and perhaps given the current political client, it might not have been the best time to try to eliminate CLEO. Imagine the shock to President Obama and the Administration to find out that Machine guns were legal. For years Obama has been stating that everyone knows that Machine Guns are illegal.

The proposed changes are not in anyones best interest. I do expect to see changes to what we have seen and the NFATCA will be active in helping to justify the absurdity of the current proposal. In addition, we will be working on proposed actions and responses to the ATF once the comment period opens.

Follow this link for the NFATCA_Statement_083113.pdf or you may read the statement below.
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Below is what was posted on the whitehouse.gov website. It is clear that the whoever wrote this does not understand the law and you will notice a lot of anti firearms language and an anti gun rights slant to the message.

Closing a Loophole to Keep Some of the Most Dangerous Guns Out of the Wrong Hands

  • Current law places special restrictions on many of the most dangerous weapons, such as machine guns and short-barreled shotguns. These weapons must be registered, and in order to lawfully possess them, a prospective buyer must undergo a fingerprint-based background check.
  • However, felons, domestic abusers, and others prohibited from having guns can easily evade the required background check and gain access to machine guns or other particularly dangerous weapons by registering the weapon to a trust or corporation. At present, when the weapon is registered to a trust or corporation, no background check is run. ATF reports that last year alone, it received more than 39,000 requests for transfers of these restricted firearms to trusts or corporations.
  • Today, ATF is issuing a new proposed regulation to close this loophole. The proposed rule requires individuals associated with trusts or corporations that acquire these types of weapons to undergo background checks, just as these individuals would if the weapons were registered to them individually. By closing this loophole, the regulation will ensure that machine guns and other particularly dangerous weapons do not end up in the wrong hands.

First I will address what was posted.

  1. The NFA imposes a restriction on the transfer and possession of certain firearms. Not all prospective buyers must undergo a fingerprint-based background check.
  2. Most people using Gun Trusts are purchasing suppressors, these are not dangerous weapons, in fact a suppressor is not a weapon unless you hit someone with it. Most suppressors are round and do not have a sharp edge. A butter knife is more of a weapon than a suppressor
  3. Next, prohibited persons and felons cannot easily evade the requirement of a background check to gain access to machine guns anymore than they can with a regular firearm. Most dealers will do a NICS check on anyone purchasing a Machine Gun. As far as transfers from non firearms dealers, there are stricter requirements on transfers to individuals and the same requirements as regular firearms to trusts or corporations. No criminal would subject themselves to notifying the ATF of their intent to purchase a machine gun, wait 6-12 month to be able to receive the firearm, pay a $200 tax, and pay an extra $10,000 – $20,000 to purchase a legal machine gun when illegal machine guns can be purchased or made easily without waiting or notifying the ATF. This logic is flawed.
  4. There is a process where the ATF can change the rules and requirements in the procedure for purchasing these items. This is not a done deal and as of now what might be proposed is unknown but it will likely include something similar to a NICS check or fingerprint cards.

So what does this mean for your current Gun Trust or one you are ready to create?

This does not mean Gun Trusts are dead or useless. NO. In fact, today many people who only own regular firearms use Gun Trust to manage their firearms. It is the responsible way to own firearms to prevent your family and friends from being subjected to an accidental felony.

Current estate planning and state laws are flawed when it comes to the disposition of firearms to those who survive you. They treat a firearm the same as a bank account. Firearms owners are generally very responsible people and would not want to put their family or friends at risk because of their death.

Our Gun Trusts deal with these issues and allow those who survive you to make smart and intelligent decisions based on the geographical, legal, and emotional issues that will be unknown until you die.

In addition, our Gun Trusts can be setup to last from generation to generation while providing asset protect for your firearms. Yes it is possible to protect your firearms from creditors, divorce, divorce of a child or grandchild, and even from the creditors of your descendants.

Any new requirements will likely slow down the process of obtaining approval from the ATF and may make the new electronic filing that the ATF introduced obsolete. If you are thinking of getting a gun trust to purchase a Title II firearm, now may be the time to do so before new regulations are enacted which change the way they work.

As we have not seen any of the proposal and once it is published there will be a 90 day comment period prior to the introduction of any changes, it is hard to speculate on how or what may be changed.

We do not think this will significantly make a difference to our typical gun trust client as we do not provide gun trusts to felons, domestic abuser, or other prohibited persons. In fact, our trust would not be valid if used by a prohibited person.

Our Gun Trusts are created so that if the law changes we can address the changes in law by changing the trust. It is likely that most if not all changes can or will be addressed as they are made known.

Today there has been much news about an action or executive order to help ensure that people who should not be able to own NFA firearms are not permitted to do so using a Trust.

First, our Gun Trusts, have never allowed a prohibited person to legally purchase, or be authorized to use firearms or ammunition. This is one of the significant differences between a real Gun Trust from a Gun Trust Lawyer® like we provide, and other so called gun trusts or regular estate planning Trusts.

If you are a criminal, addicted to drugs, a user of illegal drugs(under federal law including medical marijuana), or prohibited to own firearms under local, state, or federal laws, you cannot use our documents to create a valid trust. In addition, any co-trustee or authorized users who are prohibited cannot be added and any attempt to do so is void.

In regards to what is being reported in the news today, at this time we have not seen anything in writing to indicate what was done, what will change, or how it or when any changes will be implemented. At this time, some reports indicate they are proposed changes that will go through a 90 day review at ATF, prior to ATF making any decision to implement any changes. Once we have seen the documents we will be in a position to comment.

The Prince Law Firm has a good article on the ATF Rulemaking Process and potential implications for Gun Trusts.

If you want to keep up to date on any changes or updates to this issue, you should watch this blog or subscribe to it by using the subscribe function in the upper right under the state map or clicking on the subscribe image below.
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Last Updated 8/29

aac-pistol-660x241.jpgThis past Friday, thefirearmsblog.com released an article detailing Advanced Armament Corp.’s (AAC) new collaboration with Remington. The article announces the collaboration as “Advanced Armament Corp.’s first branded pistol,” disregarding AAC’s long time partnership with Nighthawk Custom.

Nonetheless, Advanced Armament has teamed up with Remington to offer the first-ever pistol/suppressor combo package with a retail price of $2,261.

The accuracy and reliability of the 1911 have been enhanced by the features this product exhibits. End consumers will be happy to know that this silencer and pistol combination is equipped with a Pelican case with custom cut foam, a Tirant45 silencer and (2) two magazines. The product also features high sites, a black threaded barrel, custom Grey VZ “Grenade” AAC logo grips, the Skull Xguns logo on the right side of the slide and “Advanced Armament Corp” on the left side.

This package is an AcuSport exclusive, and is only available to FFL Class III dealers who purchase through AcuSport. Since the silencer is a Title II item, if you purchase this new combo, keep in mind you will have to submit a Form 4 to ATF.

The National Shooting Sports Foundation® (NSSF®), the trade association for the firearms and ammunition industry, today filed suit in federal court for the District of Connecticut alleging that Governor Dannel Malloy and the leadership of the Connecticut General Assembly misused the so-called “emergency certification” exception to circumvent the safeguards of the normal legislative process and in violation of Connecticut statutory law in order to pass Senate Bill 1160, a package of strict gun control regulations.

The suit further alleges that enactment of the new law violates fundamental due process rights guaranteed by both the Connecticut and United States Constitutions. NSSF is asking the court to declare the law invalid and issue an injunction prohibiting its enforcement.

“A 139-page bill was assembled behind closed doors, bypassing both the public hearing and committee processes, and quickly sent to floor votes on the same day in both the House and Senate where legislators did not have adequate time to even read the bill. The governor then signed the package into law the next day. All of this is in violation of guarantees citizens are supposed to have under Connecticut State Statutes and protections in our State and U.S. Constitutions for which our forefathers fought,” said Lawrence G. Keane, senior vice president and general counsel, NSSF. “Our suit focuses on this abuse of process that has resulted in enacted law that does nothing to improve public safety, while resulting in adverse effects on law-abiding citizens, manufacturers, retailers and sportsmen’s organizations.”

The Filing can be accessed here NSSFComplaint-FILED_070813.pdf

The U.S. Senate has announced that anti-gun legislation will be heard on the floor next week. While that could change at any time, right now it means that your Second Amendment freedoms are on the chopping block, and you need to take immediate action to save them.

Senators are scheduled to vote on a so-called “universal background check” bill being pushed by lifelong anti-gun zealot, Sen. Charles Schumer (D-N.Y). Schumer’s bill–S. 374, the “Fix Gun Checks Act of 2013″– would criminalize virtually all private firearm sales, even temporary transfers, making you a criminal if you simply transfer a firearm to an aunt, uncle, cousin or lifelong friend without the federal government’s approval. Even worse, President Barack Obama’s Justice Department says that Schumer’s bill will only be effective if it’s coupled with mandatory gun registration.

Sen. Dianne Feinstein’s (D-Calif.) gun and magazine ban legislation will be allowed to offer her legislation as an amendment.

On April 2, the United Nations General Assembly voted 153-4 to pass the Arms Trade Treaty, with the United States voting in favor. The vote in the General Assembly was necessary to push the treaty process forward after negotiations twice failed to deliver on the goal of developing the treaty by unanimous consent. The Obama Administration is expected to sign the treaty soon after it is opened for signature June 3.

The text of the approved treaty is deeply problematic and threatens the rights and privacy of American gun owners. Signatories are encouraged to keep information on the “end users” of arms imported into their territory and supply such information to the exporting country. Exporting nations, nearly all of which have civilian firearm control regimes far harsher than the U.S., are encouraged to take the firearm control laws of an importing country into account before approving a transfer of arms. The treaty also encourages states to adopt domestic legislation to facilitate the treaty’s onerous requirements.

To read more on this treaty and its problems see the full press release from the NRA-ILA

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