Gun Trust Lawyer®

November 15, 2012

When is a Gun Trust not a Gun Trust?

Recently we have begun to see many “Gun Trusts” that are nothing more than a traditional revocable trust with a few provisions that mention firearms or NFA firearms. As the creator of the NFA Gun Trust, we feel that we are entitled to define what is and what is not a Gun Trust. Here are a few of the more common issues we see with regular or other so-called “Gun Trusts”:

A gun trust should be a document which deals with regular as well as NFA firearms.
It should not contain language that instructs people to violate the law if they follow the instructions contained in the trust and should not allow for someone who is a prohibited person to become or remain an authorized user of the firearms.

July 6, 2012

NFA Gun Trust for all Firearms or Not?

by David M. Goldman

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.

June 21, 2012

Gun Trust Lawyer® Client Feedback

by David M. Goldman

We often get requests for referrals and while we keep the information on our clients confidential we recently had a client send us and email which they gave us permission to publish. Andrew originally purchase a trust from a local attorney because of a recommendation based upon price and it was not until months later that he found out about gun trusts and how a gun trust is very different from a regular trust.

Often times people will ask me, “How much money should I spend on a gun for self-defense?”. I usually respond by asking, “How much is your life worth?”. The implication is that one would typically want a good insurance policy if they are insuring something of great value & should not cut corners in an effort to save a few bucks. I should have applied the same principle to setting up my NFA Gun Trust.

I initially went with another law firm to draft my Trust because the price was very cheap & because the lawyer represented a known SOT/Class 3 dealer. The first Trust that was drafted for me was nothing more than a standard Trust. It was 3 pages long including the cover sheet & did not mention the NFA, ATF, Form 1, Form 4, Form 5, Form 20 or even that the items to be held by the Trust should not be accessible to “prohibited persons” or minors. I e-mailed Mr. Goldman of Law Office of David M. Goldman PLLC to inquire about having a true NFA Gun Trust drafted.

June 8, 2012

Firearms Law and Gun Trust Lawyer® CLE

by David M. Goldman

Many Lawyers are asking about Gun Trust CLE, I have been working with the Texas Bar on their Firearms Law Seminar. We will be providing some information on Gun Trusts which will be available soon. Attached is the seminar brochure. If you are in Texas they will be covering many topics related to dealing with firearms in the practice of law.

Course Highlights:

Firearms Trusts / Gun Trusts – David M. Goldman

April 25, 2012

“Turn Tail and Run” Law Proposed

by David M. Goldman

By Evan F. Nappen

Washington, D.C. Senator Lousenburg (D. NJ) has filed the “Turn Tail and Run” (TTR) bill in the U.S. Senate which, if passed, would preempt ALL State “Stand Your Ground” (SYG) laws. The new bill would impose a national duty to retreat at all times when one encounters a criminal threat or is about to become a victim of violent crime. New York City Mayor Bloomingidiot has made passage of the “TTR” a centerpiece of his national “Second Chance at Shoot First” campaign. The mayor heartily approved of TTR, especially since bodyguards of celebrities, VIP’s, and political figures were exempted.

When the President was asked about TTR at a recent press conference he expressed his eager support. He said “Great Britain has long banned self-defense” and “Americans need to be brave, like Sir Robin.” The President then quoted a passage from the classic British tale of Sir Robin:

April 19, 2012

Law Review Article on Gun Trust and its Benefits

by David M. Goldman

Jessica B. Jackson has written a Law Review article in the Estate Planning and Community Property Law Journal titled “GET YOUR GUNS UP!… OR AT LEAST GET THEM IN A GUN TRUST!”

The article discusses the Second Amendment and what the right to possess a firearm really means. She then goes on to define general trust principles, the functions of a trust, and the rule against perpetuity. The history and evolution of gun legislation and the Gun Trust, its method and purpose. Problems of using generic trusts with the NFA and concludes with a call to arms to Put your Title II weapons in a Trust.

While we have been saying this for years and it is the reason we created the original Gun Trust it is nice to see others in the legal community begin to recognize the difference and purpose in firearms trusts. Our trust are now designed for all firearms and not just NFA firearms.

February 20, 2012

North Carolina Gun Trust Lawyer and Firearms Permits

by David M. Goldman

Some of our clients in North Carolina regularly ask about pistol permits and trusts. In response to this, we asked a North Carolina Gun Trust Lawyer ® to explain how the North Carolina Pistol Permit (Click for a Sample Permit) works and what is prohibited. Here is his response:

North Carolina G.S. Section 14-402 requires that any person obtaining a pistol by purchase or other transfer must first get a permit from the sheriff in his county of residence. The sheriff conducts a criminal background check to make sure the receipt of the pistol would not violate state or federal law. Trustees of NFA trusts are not exempt from this requirement, so for any handguns transferred to or purchased by a gun trust a permit must first be obtained. Section 14-403 states that a permit shall be issued to “any person, firm or corporation,” which is broad enough to cover trustees. Thus, if the trustee passes the background check, there shouldn’t be a problem in getting the permit.

§ 14‑402. Sale of certain weapons without permit forbidden. (a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.

February 9, 2012

Is it necessary to have a FFL to purchase Title II Firearms or so called Class III Firearms?

by David M. Goldman

NO. While a FFL with a Class III SOT is licensed to purchase and sell TItle II firearms, you as an individual, through a Gun Trust – Available at Gun Trust Lawyers®, or as a business entity do not have to have a FFL(in most states). In the past some states like Missouri required a FFL or C&R license to purchase Title II firearms. Late last year Missouri changed the law and a FFL is not required. We are not aware of any other states that current have this requirement.

The Gun Trust is a specific trust created by David Goldman in 2008 and is only available through Gun Trust Lawyers®. While others may use the words Gun Trust, unless it contains out copyright, it is not our trust. To make sure your documents cover all of the NFA issues, check to see if they are copyrighted by David Goldman. If you would like to find out about becoming a Gun Trust Lawyer® please Contact Us.
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January 18, 2012

Bonnie and Clyde Thompson Machine Gun up for Auction

by David M. Goldman

This historic Tommy Gun is believed to have been owned and used by the outlaws Clyde Barrow and Bonnie Parker. The seller’s great-grandfather, who was in law enforcement at the time, was given the gun by another peace officer who had seized the weapon after a raid on the pair in Joplin, Missouri in April of 1933.

Just months previous to the raid, Bonnie & Clyde kidnapped a police officer by the name of Thomas Persell. Persell recounted the events of the abduction for the Springfield Daily News and the Joplin Globe, mentioning each time the “Tommy Gun” Mrs. Parker proudly held.

The raid occurred at the height of the duo’s crime rampage that cut a wide swath across middle American during the Great Depression. The raid did not produce any arrests. The two had a knack for being one step ahead of law enforcement, but it did yield a cache of weapons, plus a camera. The guns have been in the family of Mark Lairmore and his sisters, the sellers, from Springfield, MO., ever since the unknown Depression-era police officer gave them to their great-grandfather.

January 12, 2012

Laredo Man Gets 10 Years for Illegal Possession

by David M. Goldman

Today the ATF announced that a Laredo man was sentenced to 10 years for the illegal possession of a firearm. It is important to understand who can and who cannot own, possess, or use firearms whether they are Title I or Title II firearms. Just because you might not consider a silencer a firearm, its possession is limited in the same way a regular pistol is. While there is not official duty to ask if someone is prohibited, its wise to do so because not only is the possession of an item subject to the NFA regulated, but the transfer (handing it to them or allowing them to have access to it) is also regulated and could subject each of you to 10 years in jail and up to a $250,000 penalty per occurrence.

Our NFA Gun Trusts ( the basic and the new asset protection firearms trust) both allow the people involved with your trust to understand who is prohibited and who is not. Often people do not even know that they have lost their firearms rights and it is important to have them understand when they are a prohibited person as well as allow you to know whether a family member or friend is prohibited now and in the future.

If you would like to discuss asset protection for your firearms or creating a gun trust to own your firearms including Title II firearms, we would be happy to help you find a local Gun Trust Lawyer to create a trust for you.