In Missouri, you have previously needed to be an FFL to purchase Title II firearms from a Class 3 dealer. This may change soon as a new bill which is proposed to be effective on 8/28/11 would remove the FFL restriction. This means, you could use a Gun Trust to purchase NFA firearms. To read the bill follow this link.
One of the basic foundations of a Trust or Gun Trust is that there must be a named beneficiary that exists at the time you create your trust. If there is not a named beneficiary that exists at the time the trust is created, the trust is invalid, and if the trust owns NFA firearms this could create large problems for those who are in possession of them. They are essentially in possession of an NFA firearm without a proper transfer. This is true, as many people are finding out, even if the ATF has approved the transfer to the trust on a Form 4 or Form 1.
Often people do not know whom to list as a beneficiary in their trust. While a normal trust or revocable trust does not deal with transfers to children or other prohibited persons correctly a properly drafted NFA Trust should look at where the items are, where they are going, the legality in each location, the proper method for completing the transfer, the eligibility of the beneficiary to posses the firearms (at the time they are to be transferred and not simply at the time the trust was created) as well as whether the individual is mature and responsible enough to have a machine gun or a regular firearm for that matter.
One must also evaluate the successor trustee to determine if they are eligible to complete the transfer or be in possession (under dominion and control) of a firearm. Many traditional trusts and other so called Gun Trusts do not deal with these issues properly. Firearms Trusts or Gun Trusts from the Gun Trust Lawyer® are designed from the ground up to deal with firearms and related activities.
While it has been legal to purchase a silencer or suppressor for a firearm in Washington State, it has been illegal to use them. That may change soon as a bill has passed the house and senate that allows for the use of a silencer if it is legally owned under the NFA.
While it is reported that the governor will probably not sign it, the bill is expected to become law by the failure to veto it within the allotted time under state law.
This will be good news for those who already own silencers in the State of Washington. We will update you once it becomes legal to use them. For more information on Title II firearms in the State of Washington contact a Gun Trust Lawyer®
We are beginning to gather a list of Ranges which allow the use of NFA Firearms, If you are a range or know of one who does, please let us know and we will add them to our list.
Please visit our NFA Ranges page for the list
When you are purchasing a silencer, SBR, SBS, Machine Gun, AOW, or DD from an out of state resident there are two ways of accomplishing the transfer.
The first and slower way is to do a Form 4 transfer to a local Class 3 SOT dealer. Once this is approved a tax free transfer can be made from that dealer to one in the purchaser’s state and then a second Form 4 transfer can be done from the buyer’s dealer to the buyer. This will involved 2 transfer fees and generally each dealer will charge a fee for the paperwork and transfer.
The second method involves transferring it directly on a Form 4 to the buyers Class 3 dealer who is located in the same state as the buyer. Once this is approved a second Form 4 transfer can take place from the dealer to the buyer. This will involve 2 transfer fees and fees from the single dealer. This method should be quicker since the dealer to dealer transfer is eliminated.
A man in Berlin, Connecticut, was sentenced to 101 months of imprisonment, followed by three years of supervised release, for illegally possessing machine guns, a sawed-off shotgun, silencers, grenades and improvised explosive devices or IEDs.
These items are controlled by the National Firearms Act and you must purchase them using a Form 4 or manufacture them with a Form 1 and pay the tax. If you are in possession of them, are using them, or sell them without complying with the requirements you can face prison sentences and fines.
The ATF Study on the Importability of Certain Shotguns was published today.
Many of you have been following the supposed ban on imported Shotguns like the Saiga that was announced by the ATF during the Shot Show in Las Vegas last week. Instead ATF announced a study which may some a little extra time to purchase these firearms before a ban goes into place and states that
A change in ATF’s position on practical shooting has potential implications for rifle and handgun classifications as well. Therefore, the working group believes that a more thorough and complete assessment is necessary before ATF can consider practical shooting as a generally recognized sporting purpose.
Last week Taurus introduced the Raging Judge a 28 Gauge Revolver. There are conflicting reports as to if this item will be restricted under the NFA by the ATF and whether if restricted, Taurus will make the firearm available. Many are reporting that because the bore size is around a 55 caliber that it might be restricted as a Destructive Device or a SBS. Recently the ATF came out with a new classification of firearm called a smooth bore pistol grip firearm. I think if it ends up being restricted that the ATF will restrict it as an AOW because it is less than 26″ and seems to fit the same category as the Serbu Super Shorty.
If you are purchasing a Firearm that was previously manufactured under a Form 1 it may contain the engraving of the previous owner. Since this item was previously manufactured, you will be using an ATF Form 4 and not an ATF Form 1 to transfer this item and as such it will require no engraving on your part.