There are several type of Title II Firearms sold by Class 3 FFLs that are restricted by the National Firearms Act.
Each state can impose additional restrictions on the sale, purchase, and transfer of Title II or NFA firearms in addition to the compliance that is required with the National Firearms Act.
In Vermont you can own the following items that are regulated the National Firearms Act
One of our clients submitted an application to build a Form 1 on June 24, 2014 and was surprised when they checked their email the next morning and found that the ATF had approved the application to build the SBR.
When I first received the call, I thought it was a mistake, but then I walked the client through the Atfonline website and the process of printing the electronic Form 1. I have provided a copy for those who are as skeptical as I was about a 1 day approval process on a Form 1 from the ATF.
Not sure if this was a mistake or the ATF had just cleared out the backlog of Form 1’s but if you considering creating a Gun Trust to build an SBR, you may want to do it sooner than later.
FFL holders: get on it so you’re squared away for your customers!
Gun Trusts can use this to submit an ATF Form 1 – 5320.1
“NFA eForms are finally here! ATF is pleased to announce the implementation of the NFA forms into ATF’s eForms system. ATF Forms 1, 2, 3, 4, 5, 9 and 10 are currently available for eForms submission.
A Gun Trust should be designed to hold all firearms including those restricted by the NFA. All of our Gun Trusts are designed for all of your firearms. As an owner of all types of guns, I designed this trust to deal with issues from a revolver, to a Glock pistol, and even NFA firearms like silencers and machine guns.
What most people do not realize is that many of the same issues regarding transfer upon death or incapacity exist for regular firearms as well as those sold by Class 3 SOT dealers. It is for this reason that I would suggest putting all of your Guns in one of our NFA Gun Trusts.
The real issue is that while we can pick beneficiaries while we are alive, we do not know who will survive us or anything about them on the date of our death.
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.
Michigan has several laws dealing with the registration, ownership, and possession of firearms that are changing in January 2009. In Michigan you can own the following items that are regulated the the National Firearms Act:
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 Missouri you can own the following items that are regulated the the National Firearms Act
We often get questions regarding the use of NFA Trusts in regards to legal challenges to show that they are permitted under the NFA.
While there are no successful challenges that stand for the positive or negative use of a NFA Trust, Trusts are not generally denied because the Federal statutes specifically authorizes the use of a trust for ownership of a item restricted by the NFA. There have been many applications with the ATF by people using other forms of Trusts that have been denied because the application or the trust was improper.
The more troubling issue with a Trust is that there are many invalid trusts that have been approved by the ATF. The reason this is problematic is that many individuals feel there possession and use of these firearms valid because ATF approved the transfer. They do not realize that the ATF’s approval is to a valid trust and while they may disapprove an obviously invalid trust, there is no requirement for the ATF to validate (nor do they validate) a trust.
Violations of the NFA are punishable by 10 years in prison, forfeiture of all devices or firearms in violation, and the individuals right to own or possess additional firearms in the future. In addition, there is a penalty of $10,000 for each of certain violations.
In addition, a willful attempt to evade or defeat a tax imposed by the National Firearms Act is also a felony which is punishable by up to 5 years in Jail and a $100,000 fine under the tax evasion statutes. This penalty could be increased to $250,000 for individuals and $500,000 for corporations.
This means you could be looking at a maximum of 15 years in Jail and $510,000 in penalties for a violation. Many violations can be avoided by proper ownership and knowing who can be in possession and use the Title 2 firearms which are restricted under the NFA.
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.
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
NFA Gun Trust Lawyer Blog