NFA (National Firearms Act)

October 28, 2008

Child Killed by UZI: Did gun show Violate the National Firearms Act

This week an 8 year old child shot and killed himself at a gun show in Massachusetts. For a good analysis of the potential negligence claims involving a child using a Machine Gun look at David Wolf’s Florida Child Injury Lawyer Blog. This unfortunate incident goes to show the dangers of letting children possess or use a Machine Gun. The NFA prohibits the transfer of weapons to children without an approval, except transfer of an item to a gun store employee or other licensed reseller. Section 5845 (j) of the NFA defines transfer:

The term. ‘transfer’ and the various derivatives of such word, shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of.

It appears that even though the gun show organizer may have been able to allow the child to shoot the Uzi under state law with the permission of the parent, the gun dealer was in violation of the NFA for transferring or loaning the weapon to the child.

In addition it is illegal under Chapter 5861 for any person to receive or possess a firearm transferred to him.

August 22, 2008

Pennsylvania (PA) What NFA Firearms can I own? UPDATED

by David M. Goldman

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

July 8, 2008

Valid Reasons for NFA trust in other State

by David M. Goldman

Generally when creating a NFA trust, one must look to the laws of their state and how they affect the right to own a class III firearm.

What happens if you live in New York or any state where some Class III firearms are banned but plan to use and keep them in another state where they are legal? Can you a resident of a state where the item is banned purchase, store, and use the items in a state where its legal.

According to the ATF, an individual can purchase an item restricted by the NFA that is not permitted in the state of residence of the trustee, when the trust will be located, and item will be only used and maintained in states where it is legal.

July 4, 2008

Lost of Stolen NFA Registration Documents

by David M. Goldman

I got a question from someone to day about what to do if their Class 3 registration papers are lost. I found the answer on the ATF website under the NFA Handbook in Chapter 3.

Section 3.5 Lost or stolen registration documents. A person possessing a firearm registered as required by the NFA must retain proof of registration, that is, the registration form showing registration of the firearm to the person, which must be made available to ATF upon request.53 If a registrant discovers that a Form 1, 2, 3, 4, 5, 6A, or 10 is stolen, lost or destroyed, the registrant must immediately report the theft, loss, or destruction in writing to the NFA Branch.54 The report must contain the details of the situation. ATF will issue a duplicate copy of the registration document as the circumstances warrant.

If you need to contact a local ATF field office follow this link for the AFT field division contact information.

June 5, 2008

Arkansas (AR) What NFA Firearms can I own?

by David M. Goldman

Oregon 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.

June 2, 2008

Minnesota (MN) What NFA Class 3 Firearms can I own?

by David M. Goldman

NFA Class 3 firearms
There are several type of Title II firearms that require an ATF tax stamp to be transferred or manufactured under the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of Title II firearms (sold by class 3 FFLs) in addition to the compliance that is required with the national Firearms Act.

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

May 28, 2008

Pennsylvania Gun Trust Lawyer®s

by David M. Goldman

We have associations with lawyers and attorneys in Pennsylvania. These Pennsylvania Gun Trust Lawyer®s can provide NFA gun Trusts for the entire state of Pennsylvania. A NFA Gun Trust can help protect individuals and their families from the criminal and civil penalties associated with the improper transfer or possession of a class 3 firearm regulated under the National Firearms Act. In addition, the process of purchasing a silencer, SBR, or machine gun can be significantly reduced in the amount of time required and paperwork that is required.

They have offices in

Allentown Pennsylvania;
Bechtelsville Pennsylvania;
Camp Hill Pennsylvania;
Exton Pennsylvania;
Pottstown Pennsylvania;
Lancaster Pennsylvania;
Lebanon Pennsylvania;
North Wales Pennsylvania;
Pottstown Pennsylvania; and
Reading Pennsylvania

If you are located in another area of Pennsylvania they can also provide services by email and telephone in much the same way as if you were in their office.

To contact a Pennsylvania Gun Trust Lawyer® fill our our Contact form.

May 28, 2008

NFA Trust and Purchase of Class 3 Items

by David M. Goldman

If you live in a city in where the Chief law Enforcement Officer (CLEO) will not or easily sign a Form 4, there are several solutions.

Class 3 Weapons include suppressors, , short barrel rifles, machine guns, and other destructive devices.

The most common solution is to create a NFA revocable trust to hold title to the firearm or class 3 items.

May 22, 2008

What can happen to someone who has an NFA firearm which is not registered to him?

by David M. Goldman

Violators may be fined up to $250,000, and imprisoned up to 10 years, or both.

In addition, any vessel, vehicle or aircraft used to transport, conceal or possess an unregistered NFA firearm is subject to seizure and forfeiture, as is the weapon itself.

May 21, 2008

What about my unregistered NFA Firearms?

by David M. Goldman

An individual, business, or NFA Firearms trust may not register an unregistered NFA firearm. Only a manufacture, maker, and importer can register a firearm.

Possession of an unregistered NFA firearms is a crime. The ATF states that if you are in possession of a contraband firearm, you should contact the nearest ATF office to arrange for its disposition.

WARNING – although this is the advise of the AFT, they also state that mere possession is unlawful