Articles Posted in Texas – Gun Trust Lawyer

200px-Texas_flag_map.svg.pngWe work with more than 20 lawyers in Texas to provide Gun Trusts to their clients. As of this month Gun Trust Lawyer® David Goldman has been licensed in Texas. Texas is one of the biggest markets for NFA Trusts and Gun Trusts. Because of this we have seen many so called Gun Trusts that are nothing more than revocable trusts with a few gun or NFA terms.

There are many problems in using a traditional Gun Trust in Texas and most states because they tend to instruct your family and friends to do things that may be illegal or cause criminal liability to the others involved with your trust.

Much the same way as Nolo has stated that their product should not be used to create a Gun Trust, a traditional revocable trust should not be used to create a gun trust.

All lawyers, including Texas lawyers have a duty to be competent in an area that they practice in. They can become competent, though learning or association with another lawyer who provides the knowledge. For many years we have provided a select group of Texas lawyers the competency necessary to be a Gun Trust Lawyer® and now we can provide support for both the Federal and state specific issues that face residents of Texas.

If you are considering purchasing a Texas Gun Trust from a Texas Gun Trust Lawyer® you might see what they have done for the community, ask them about their experience with gun trusts and firearms. You might ask them if they responded to the ATF’s 41P proposal and read their response. We are here for the long-term and will be providing Texas Gun Trusts as well as working with lawyers in other states to help respond and deal with the proposed changes to the way ATF works.

For those that have a strong pride in the state of Texas, you should know that I was born in Texas and have lived there for more than 25 years of my life.

If you have a Texas Gun Trust and would like it reviewed to see if it deals with the issues regarding firearms ownership, transfer, or possession, we would be happy to review it free of charge and discuss any potential problems we see.

To celebrate becoming licensed in Texas we are offering some very special prices from now until the end of March. These prices are only available for those who contact us directly and may not be offered by our the other lawyers who are a Gun Trust Lawyer.

OUR GUN TRUST IS DIFFERENT THAN A REVOCABLE TRUST OR OTHER TRUSTS

Our Gun Trust is different than a typical Revocable Trust. Many so called “Gun Trusts” are nothing more than revocable trusts with a few NFA words or definitions thrown in and still instruct people to break the law. People often ask about having other items in their NFA trust; we recommend that only firearms, magazines, and accessories be placed in a Gun Trust. The reason for this is simple, the people you want to use and have access to your firearms are not the same as those who you want to be able to sign checks or sell your property. If your trust talks about land or other non-firearms related assets, it’s a clue that you do not have a Gun Trust. Most other trusts do not deal with the many unique issues of regular firearms or Title II firearms ownership, possession, transfer, and use.

Our Gun Trusts have been reviewed and modified by more than 100 Estate planning and/or Firearms law lawyers who are licensed in more than 43 states. Whether your goal is to purchase a single silencer or hundreds of Title II firearms, our Gun Trust can be customized to address your specific issues and unique circumstances.

As owners of firearms we all understand the importance of training. You should never hand a gun to someone without providing them instructions on how to use it. Using a traditional trust can put our family members and friends at risk. These traditional trusts often instruct people to break the law when we die or become incapacitated.

In addition to the many protections created for your family, a NFA firearms trust can help you acquire Title II firearms (sold by class 3 dealers) without the need for fingerprints or CLEO sign off in most states. Many CLEO’s are refusing to look at Form 4’s and/or Form 1’s.

Some of the main benefits of a Gun Trust include:

1) The ability to tell your representatives how to properly transfer these firearms upon your death;
2) The ability to transfer assets to children, even below the age of 18, when they reach an appropriate age, while giving the someone the ability to make distribution decisions based on mental state, physical location, legality of the transfer, and age.
3) The ability of the Trustee to refuse assets transferred by will or other means if NFA and state requirements are not complied with;
4) The requirement to comply with NFA and State laws for transfer of NFA related assets;
5) The ability to make uneven distributions to heirs to conserve the value of assets;
6) The ability to purchase Title II weapons, without creating a violation of the duties of the trustee;
7) The ability to use the weapons in the trust without creating liability to the beneficiaries;
8) The instructions and formalities on how to: manufacture items under a Form 1, how to purchase items correctly under a Form 4, how to properly document and transport Title II firearms with a Form 20.
9) Protection for yourself and your family from Constructive Possession – a violation of the NFA.
10) The ability to add others to your trust at a later time and create additional authorized users of the firearms.

Some of the Additional Benefits of a Multi Generational Asset Protection Gun Trust include:

1) The ability to have Trustees with different capabilities.
2) The ability to protect the firearms from your creditors and the creditors of your beneficiaries.
3) The ability to hold the firearms for multiple generations and in some cases forever.
4) The ability to modify the terms of the trust to attempt to preserve privacy, ownership, avoid future transfers and loss of firearms due to future legislation.
5) The ability to easily add users, remove users, change beneficiaries and create temporary users of the firearms 6) The your representatives how to properly transfer these firearms upon your death;

Each Gun Trust comes with a Memorandum (users manual) which discusses many of the commonly asked questions regarding the NFA and ATF regulations.

Please call our office to discuss these special unpublished prices.

Thumbnail image for 50calsilencer.jpgWhile in some states, it is illegal to hunt with a Silencer, in the following states it is legal to hunt with a suppressor (often referred to as a “silencer”).

In states where hunting with suppressors have been legalized, we have seen substantial increases in the sales of suppressors and the wait times for approval from the ATF have also increased. Many states that have legalized suppressors still have CLEOs who refuse to sign for individuals to purchase them. An NFA Gun Trust or a more flexible Gun trust can not only avoid the CLEO signature requirement in most states, but can also provide many benefits to firearms owners and their families. To learn about the benefits, please fill out the contact us form at the top of this page and request information on what a gun trust is and how they may benefit you.

Remember these laws change frequently, so please verify this with your state prior to hunting with a suppressor.

Alabama (as of 5/3/14)
Alaska Arizona Arkansas Colorado, Georgia (as of 7/1/2014)
Idaho, Kansas Kentucky, Maryland Mississippi, Missouri Nebraska Nevada New Mexico North Carolina as of 10/1/2013 North Dakota, Oregon Oklahoma as of 11/1/2012 Pennsylvania, South Carolina, South Dakota Tennessee, Texas Utah Virginia Washington West Virginia Wisconsin Wyoming (as of 7/1/2013)

Additional states where it is now legal to hunt (or will soon be legal) to hunt with a suppressor.

Montana

Ohio

Florida

Louisiana

Alabama

Minnesota  (9/1/15)

Many states restricted the use of suppressors in regards to anti poaching regulations. Some other states like Montana allow the use of Silencers for Varmint but not hunting. If you know of other states where it is legal to hunt with a silencer please let us know.

Disclaimer: This document represents a collection of published law and research on the topic of hunting with suppressors and regulations about the same. It should not be viewed as legal advice as these laws change frequently and the document you are looking at may not be up to date or an accurate representation of the laws at the time you read it. You should check with your Gun Trust Lawyer prior to hunting in any state with a suppressor as there may be other requirement and permits necessary to hunt with a suppressor in a state.

Updated 5/7/14

On Friday May 3, 2013, the National Riffle Association is having The 16th Annual Firearms Law Seminar in Houston Texas. This seminar is primarily focused for lawyers who deal with firearms related issues in the practice. Over the past few years, the ATF has presented the panel on Trusts and ownership of Title II firearms. I have personally been to this presentation several times looking for guidance or changes in the law or its interpretation. Unfortunately the NFA portion of the seminars have been disappointing and have not offered any real guidance in dealing with the many issues that a Gun Trust should deal with. This year the NRA asked me to speak Gun Trusts. I plan on dealing with many of the ethical problems with traditional trusts as well as how to use Gun Trusts to protect your clients firearms from future legislative restrictions as well protecting the guns from loss due to confiscation that often surrounds criminal charges or claims of domestic violence and/or child abuse that often surround divorce.

Many people are still looking for NFA Trusts and have not realized the benefits of a Gun Trust over a trust that only deals with NFA Firearms. Look for more information on the NRA Firearms Law Seminar. For more information about the National Firearms Law Seminar, please call 1-877-NRF-LAWS
If you are a lawyer and plan on attending and would like more information on Gun Trusts or have a question you would like me to address at the seminar, use the contact form and I will try to incorporate it into the Gun Trust Presentation portion of the NRA Firearms Law Seminar.

With Dove season just around the corner, Texas is becoming one of the growing list of states that allows the use of silencers when hunting.

A silencer is a Title II Firearms which is restricted by the National Firearms Act and can only be sold by dealers who have a Class 3 SOT license. (They can also be purchased second-hand from individuals using the same ATF Form 4). Because of their classification they require a $200 Tax stamp and approval from the ATF or BATFE before you can take possession of them.

Other states including Texas have previously allowed the use of silencers when shooting varmint but not on game. While the law was passed in March, Texas hunters have been patiently awaiting September 1st to legally use silencers while hunting.

You will still need to apply and receive a state permit from the Texas Parks and Wildlife to hunt for alligators, game animals or game birds with a silencer.

When your ready to begin hunting with a silencer in Texas, you should contact a Texas Gun Trust Lawyer ® to discuss setting up a Gun Trust. Gun Trust when properly created can help protect you and your family from violations of the NFA and add additional flexibility that is not available for individual owners.

Gun Trust Lawyer® works with lawyers in more than 40 states including Texas to offer legally supported trusts as well as a do it yourself Gun Trusts Forms.

Note: While a Gun Trust is a type of Revocable Trust, a Traditional Trust is not appropriate for the ownership, or disposition of firearms including NFA Firearms.

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Please come join us and the other Sponsors of the Silencer are Legal Shoot by Silencerco.

Saturday, April 28, 2012, 9:00 am – 6:00 pm 10751 Luna Road | Dallas, TX 75220 972-556-0164 www.elmfork.com

Visit this website to Create your own Gun Trust online Tickets are $12

You will have the chance to win Silencers and other firearms from many manufactures. Gun Trusts from us and many other items. For those attending the Shoot, the local Texas Gun Trust Lawyer will be offering discounts on Texas Gun Trust Forms, Advanced Texas Gun Trusts, and the new Professional Gun Trust which provides Asset Protection for your firearms.

Testing products from many vendors, including silencer manufacturers and firearms manufacturers.Vendor booths selling state-of-the-art firearms and accessories. Ammo vendors on site to make sure your guns are fed all day long. Food and drinks available all day to ensure you have the energy to shoot. Raffles for a chance to win awesome products.

Texas Gun Trust Lawyer and Travel to ColoradoWe are often asked about traveling to another state with NFA firearms. If you own property in multiple states like Texas and Colorado or regularly travel between Texas and Colorado with NFA Firearms, you can do so, but should and in some cases must obtain prior authorization from the ATF to take these firearms over state lines.

Note:Texas and Colorado are just used as an example of two places that you may regularly travel to and from. A Texas Gun Trust prepared by a Texas Gun Trust Lawyer® would be valid in Colorado and a Colorado Gun Trust prepared by a Colorado Gun Trust Lawyer® would be valid in Texas

There is no charge to obtain the authorization for interstate travel from the ATF. Your Gun Trust should have specific instructions on how to do this and if it does not you may want to have your gun trust reviewed by an attorney to see if it is a gun trust or just a generic revocable trust. Many so-called “Gun Trusts” and those provided by gun stores, found in the internet, created by software, or even some from lawyers, actually provide instructions to break the law. If you gun trust mentions stocks, property, homes, or other non-firearms related items, it may be a clue that you have a generic trust.

It is possible to amend and restate a generic trust with a Gun Trust from a Gun Trust Lawyer® so that your family and friends can understand what their duties and responsibilities are in the event of your death or incapacity. If you would like your trust reviewed under the NFA for these types of issues, please Contact Us.

Gun Trust LawyerFunding a trust is a basic concept that is necessary for a trust to be valid. The legal concept is that the trust does not exist if there is nothing in the trust. A Gun Trust can be funded with a firearm, money, or any other asset. Typically a Gun Trust will be used to acquire firearms and is often used for Title II Firearms. When you put money in or assign money to the trust, you have funded it and it is now valid. If you never assign property to a trust, it can create problems.

For example, if your trust is unfunded, and you purchase a Title II Firearm from a dealer personally you will own it personally. An Assignment sheet may fund the trust, but if the AFT has not approved the assignment or an additional fee is not paid, you may have created a legal problem.

Funding a NFA trust, purchasing NFA Firearms, and proper use of a Gun Trust are very important to understand and something you should ask your Gun Trust Lawyer® about.

We have several Texas NFA Gun Trust Lawyer®s that we work with. While it is not necessary to visit the lawyers office, we have Texas Gun Trust Lawyer®s we work with in Austin, San Antonio, Dallas, Midland, and Houston. If you are talking with a lawyer about a NFA firearms trust for the purchase of Title II firearms from a Class III dealer remember to ask them if they are using the copyrighted Gun Trust from https://www.guntrustlawyer.com. If you would like more information on the What a NFA Firearms Trust is and why it is significantly different that an standard revocable trust, contact a Gun Trust Lawyer® and we would be happy to send you information and answer any question relating to the NFA and Title II firearms ownership, transfer, possession, or use.

To create a Texas Gun Trust Contact Us by phone or email and we can begin the process. Typically we draft the trust for the NFA and have the local attorney modify it for Texas. Depending on your situation, a specific Texas attorney may be chosen. The cost of the trust includes the local counsel and the fees are shared with the local attorney. Our Fee is for the National work and the Texas Gun Lawyer is compensated for the Texas legal work.

Updated 9/11/10 We have relationships with Several Texas Gun Trust Lawyer®s including:

Austin Gun Trust Lawyer®
Dallas Gun Trust Lawyer®s Ft. Worth Gun Trust Lawyer®s Houston Gun Trust Lawyer®s Temple Gun Trust Lawyer®s San Antonio Gun Trust Lawyer®s, and
Midland Gun Trust Lawyer®s

A NFA trust is a type of revocable trust that have been modified to deal with the unique issues of NFA and Firearms purchase, ownership, transfer and possession.

Most typical trusts like those created from Quicken, Legal Zoom, or other lawyers can create problems for the Trustees, successor trustees and beneficiaries because of the instructions and powers found within them. They actually can cause an individual to create criminal liability for breaking the law. You should be careful if you have a standard trust that you are using to hold possession to firearms. Firearms that are restricted by the NFA need to be treated differently that a traditional asset found within a Revocable trust.

If you would like your trust reviewed, contact a Gun Trust Lawyer® for more information. We have several Texas NFA trust attorneys and lawyers that we are working with. Make sure that when you are talking with a Texas NFA trust lawyer that they are using the latest version of our NFA Trust.

We have a relationship with Texas Gun Trust Lawyer®s and Attorneys and provide them for people all over Texas including Arlington, Austin, Corpus Christi, Dallas, Fort Worth, Garland, Houston, Plano, San Antonio and other areas of Texas. If you are interested in information on Texas NFA Gun Trusts (or NFA Firearms Trusts in any state ) and how they are different from regular trust email us or call us for more information.

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