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Here are several of the “Executive Actions” that may be a cause for concern that I received from the CCRKBA:

1. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background check system. –

This would make everyone’s medical records available for the background check system. They could say if you are taking a certain type of medicine you are not able to purchase a gun.

Lately we are seeing many people whose Trusts are being rejected by ATF. It appears that ATF has finally decided to try to determine if trusts are valid before allowing people to use a Form 1 or Form 4 transfer.

The bad news is many individuals are finding out that Quicken is not up to date in some states like Florida, and that copies of Quicken or trusts created by others may not be valid under current laws or the laws of other states.

There is a dealer is Jacksonville, who has been preparing invalid trusts for their clients. Not only is this the unauthorized practice of law, a crime in Florida and other states, but they do not understand the importance of understanding the individuals circumstances when preparing a trust. Quicken in general is a really bad tool to use in Florida because it does not comply with many of the 2007 Trust Code Revisions (Yes revisions that were made public more than 4 years ago). For more information on this you might read Using Quicken to Prepare a Trust: The Good, the Bad, and the Ugly.

As a Life member of the NRA, I was recently given the opportunity to offer my family and friends a Life membership for only $300. The normal price for a life membership is $1000. If you are a client of ours and would like to take advantage of this please contact me using the contact form and I will let you know the details. This is a limited time offer so if you are interested let us know soon.

Yesterday I met Dick Heller at the Shot Show in Orlando.  He autographed a card and asked that it be copied and distributed to others.  I will post it when I get back to the office next week.

Dick Heller and two other plaintiffs filed suits against the District of Columbia’s revised gun laws. The complaint challenges the following provisions of D.C. law:

  • The ban on all self-loading handguns (about 3/4 of handguns sold in the U.S.) by defining them as “machine guns.”
  • Allowing registration only upon the payment of an unspecified fee for ballistic testing of the handgun.

Could you be served court papers by Facebook?  Recently a judge in Australia allowed a defendant in a law suit to be served copies of court papers by their Facebook account.  After the judge was satisfied that the defendant was the same person who owned the Facebook account and the defendant was unable to be located, the judge allowed the defendant to be served through their Facebook account.   The Legal Blog Watch has an article posted by Carolyn Elefant – Court Papers Served By Facebook

Ownership of Class III / NFA weapons is legal in Tennessee

Tennessee law does not prohibit the ownership, possession or use of Class III weapons so long as the individual complies with federal law relative to ownership.

The Tennessee statute Section 39-17-1302 authorizes private ownership of Class III or NFA weapons in Tennessee by providing a defense to a criminal charge of possession of a “prohibited weapon”.  Section 39-17-1302 provides, in relevant part:

When filling out the Form 4 or opening a bank account of a NFA gun trust, you should use your social security number when anyone asks for and EIN number.

A NFA Gun Trust is a highly customized Revocable Living Trust and as such it does not require an Employment Identification Number (EIN).  Many banks treat all trusts as irrevocable as as such ask for EIN’s

If you are opening a bank account, or filling out your form 1 or Form 4 just use your SSN anywhere it asks for an EIN number.

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