Suppressors / Silencers

November 8, 2010

Silencer’s on an airplane and being detained by TSA

Last week, I got an email and spoke to an individual (who was an attorney) who had been incorrectly advised by TSA that it was OK to carry a silencer on a plane. The problem occurred when he tried to follow TSA’s advise. A silencer is defined as a firearm and should not be taken in one’s carry on luggage. Luckily this individual was not charged with a crime and only ended up being inconvenienced and missing his flight.

After contacting the FBI, BATFE, and Dallas police (none of whom had a definitive answer) the Dallas police and DFW police said the suppressor should be turned over to TSA who eventually returned it to the owner.

Others have reported that TSA does not understand that Silencers are firearms and have not allowed them to put them in locked containers as other firearms.

February 16, 2010

ATF says ATI’s Fake Suppressor is Regulated by NFA

by David M. Goldman

If you purchased a GSG 5 SD model with a barrel shroud (Fake Suppressor) ATF has now determined that this is regulated by the NFA and must be replaced.

To all retail customers:

On January 2010 American Tactical Imports Inc received official notification from the Bureau of Alcohol, Tobacco, Firearms and explosives that the original barrel shroud (aka: fake suppressor) supplied with your GSG 5 SD model must be replaced. It has been determined that this shroud is regulated under the National Firearms Act. American Tactical will provide a replacement shroud at no charge for each GSG 5 SD model sold or currently in inventory.

October 19, 2009

Tennessee Gun Rally and 50 Cal Silencer

by David M. Goldman

This weekend I was up in Tennessee for a 2A rally that was sponsored by Barrett firearms. Apparently Mayor Bloomberg has come to Tennessee to declare that acts that are legal in Tennessee and most states are illegal because they end making it easier for New Yorkers to get guns.

There were lots of TV reporters and state officials. I did find it odd, that none of the TV stations covered the 2A aspect and only focused on the New York issue.

While up there I got to see a 50 Cal silencer and took a picture of it next to a 22 silencer for perspective. You would not believe how big the 50 Cal silencer is. I would guess that it was 7-10 lbs.

August 30, 2009

NFA Trusts: Silencer Manufacture Provides Invalid Forms to Clients for Title II Purchases

by David M. Goldman

While many dealers provide Trusts and help clients fill our Trust Documents ( a violation of law in most states), this was the first time I had run across a Manufacture of Title II firearms who was providing trusts to clients. This Trust was not being completed by the Class 3 manufacture, but was a Fill in the blank form that was supplied by a silencer manufacture. It had a place to print your name, date, pick successor trustee’s and sign. There was no place to witness ( a requirement in many states). While the trust appeared to be better than some forms we have seen, it will missing some of the schedules. The main schedule that was missing was the Schedule of Beneficiaries. It was not evident that one was necessary and as such the trusts we were reviewing did not contain them.

As we have discussed before, a beneficiary is an essential element to a trust and in most cases the failure to include a beneficiary who is different from the creator will cause a trust to be invalid.

This trust, as with many Quicken or Legal Zoom trusts failed to address the firearms and the many unique issues that arise when dealing with Firearms. If a valid trust would have been created, it could have transferred a bank account, chair, picture on the wall, or most any item without problem, but would have not been a good idea to use for a firearm.

October 7, 2008

New Jersey (NJ): What NFA Firearms can I own? Updated

by David M. Goldman

New Jersey NFA Class 3 firearms
There are several type of Title II firearms that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of NFA or Title II firearms, these are sold by gun dealers who have a Class 3 SOT.

New Jersey permits limited ownership of of the following Title II firearms that are regulated the the National Firearms Act

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 27, 2008

Machine Guns and Medicaid

by David M. Goldman

What happens when Grandpa needs to go to a nursing home but he owns a Class 3 Firearm?
A Machine gun is a valuable asset and as such can create a problem with eligibility for nursing home care. Many veterans were allowed to keep captured machine guns and they want to pass them down to their children or grandchildren. If that grandparent needs nursing home coverage and they are not married, many states will limit their non-exempt assets to $2000.

Today as machine guns continue to increase in value this can cause a problem for qualifying for Medicaid coverage.

One solution is to sell the machine gun and put the cash into an exempt asset or use it before applying for coverage. When the machine gun is wanted to be kept in the family, it is possible to trade it for an exempt asset like a vehicle.