We often get questions from people about using a regular trust or existing trust that they already have to purchase a suppressor. First a trust or Gun Trust is not required to purchase a suppressor. A suppressor is a Title II firearm, that is sold by a Class III FFL. It can be purchased by an individual, trust, or business entity. Currently, an individuals must obtain a CLEO signature as well as provide fingerprints with the application to purchase a suppressor. Any purchase from an individual, trust, Gun Trust, or business entity must pay a $200 tax stamp and complete an ATF Form 4.

That being said, a Trust or Gun Trust has many other benefits besides the CLEO and fingerprint submission.

  1. A Gun Trust may submit an application electronically and between 2-6 months in processing.
  2. The ability to tell your representatives how to properly transfer these firearms upon your death.
  3. 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.
  4. The ability for the Trustee to refuse assets transferred by will or other means if NFA and state requirements are not complied with.
  5. Requirement to comply with NFA and State laws for transfer of NFA related assets.
  6. The ability to make uneven distributions to heirs to conserve value of assets.
  7. The ability to purchase Title II firearms, without creating a violation of the duties of the trustee.
  8. The ability to use the firearms in the trust without creating liability to the beneficiaries.
  9. 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.
  10. Protection for yourself and your family from Constructive Possession – a violation of the NFA.
  11. The ability to add others to your trust at a later time and create additional authorized users of the firearms.

Some Gun Trusts can even be designed to include:

While the NRA’s comment is only 17 pages it incorporates many comments and references many including mine. On page one of the NRA’s comment they state

Many Hundreds of comments already published in opposition to 41P exhaustively catalog its various problems and potential for absurd consequences. For example, a comment submitted by David M. Goldman details how 41P is based on an unsophisticated and inaccurate view of the law governing trusts and estate planning.

The NRA’s comment primarily leads with the following 3 issues.

While ATF could change, what is published, they have updated their Unified Agenda Statement for 41P to show that Final Action is not expected until June of 2014.

This date could continue to roll forward or with enough political pressure the date could be moved up. The June date should be thought of a target date that may or may not change as we get closer to it. You might think of it like “average life expectancy”. You could die sooner, you could die at the average age, or you could live many years longer than the average. Also, it is important to remember that just because we hit an implementation date does not give us any better idea of what may be implemented.

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Joshua Prince and Tom Odom have put together over 400 pages of comments and exhibits. Below are the broad topics that their extensive comment covers. If you enjoy reading about the Second Amendment, you will enjoy the extensive research and history that is included in this document. Joshua said they were able to shave off 40 or 50 pages by incorporating my comments by reference. I have included their conclusion below for you to read.

  1. PROCEDURAL IRREGULARITIES HAVE DENIED INTERESTED PERSONS A MEANINGFUL OPPORTUNITY TO COMMENT ON THE PROPOSED RULEMAKING
  2. ATF’S PROPOSED RULE RAISES IMPORTANT CONSTITUTIONAL ISSUES

The NFATCA has posted a comment to 41p, requested a hearing and has some unusual arguments claiming must of the proposals and even some of the current procedure is not authorized by congress. IN addition, they have an interesting Legal Memorandum prepared by Stephen Halbrook that’s worth taking a look at.

His memo covers

I. NO AUTHORITY EXISTS TO REQUIRE FINGERPRINTS AND PHOTOGRAPHS OF “RESPONSIBLE PERSONS” OF TRUSTS AND OTHER ARTIFICIAL PERSONS

One of Clients has submitted a comment to 41P and given us permission to post a copy as it is not likely that it will appear on the published comments before the time to respond has closed. You may want to use parts of this comment to help you express your personal experiences or situation.

In summary, this comment discusses

  • ATF has failed to show any real benefits from its proposed rule;

Below Summary of the issues covered in Attorney Glenn Bellamy’s 41P comments and exhibits:

  1. The Requirement of a local CLEO certification is not statutory in origin and exceeds the ATF’s statutory authority, making the proposed regulations vulnerable to attack.
  2. The regulatory requirement of a local CLEO certification imposes a discretionary third party approval that exceeds the statutory authority.

For those of you who have been thinking about purchasing a Gun Trust we are offering specials on the Base, Advanced, and Professional Gun Trusts.

The Base Gun Trust which you create yourself online and does not come with legal support retails for $349 and has been on sale before for as low as $199 but you can purchase a prepaid code for only $149.

The Advanced Gun Trust is designed for the person who wants a Gun Trust created and customized by an attorney for their specific family circumstances and desires. The Advanced Gun Trust provides the ability to communicate with an attorney regarding federal and state specific issues without any additional costs. Because your specific situation is considered when creating this trust, the Advanced and Professional versions of the Gun Trust can help minimize the potential effects of future legislative and or tax changes that may be associated with transfers during you life and after your death. The Advanced Gun Trust is a revocable trust and very easy to change. Use of this Gun Trust will require a transfer of the firearms at some point after your death. The local attorney’s fees and telephone and email support are included in this Gun Trust and the normal price on this trust is between $600 and $750 depending on the state you live in. You can purcahse the Advanced Trust today for the special price of $495
The Professional Gun Trust is our most sophisticated Gun Trust. It is a multi generational, asset protection gun trust that can remain the owner of your firearms forever. This Gun Trust allows future generations to manage and use the firearms without subjecting them to future ATF transfer taxes or claims of creditors. With the current bills before congress many people are concerned about being able to allow their children or beneficiaries to receive the firearms they own. This trust includes the ArmsGuard™ Protector which allows the trust to be changed in the future to deal with future legislative changes that may attempt to restrict rights or the way the Professional Gun Trust works. If laws change next week or 300 years from now, an ArmsGuard™ Protector can be appointed and modify the terms to continue to try and achieve your goals to the extent possible.

The Professional Gun Trust is normally $2500 but you can purchase it today for the special price of $1699. These prices are only available using your credit card or paypal with the buy it now button below. Simply select the trust you want and click the Buy Now Button.

Gun Trust options
Base Gun Trust Prepaid Code for GunTrust.com $149.00 USD
Advanced Gun Trust $495.00 USD
Professional Gun Trust $1,699.00 USD

The Michigan Senate Judiciary Committee on Tuesday unanimously approved legislation that would lift the state’s ban on short-barreled shotguns and rifles.

Senate Bill 610 would align Michigan with more than 40 other states that allow residents to own such guns if they meet federal requirements.

The current Michigan regulations prohibit people from manufacturing, selling, offering for sale or possessing a short-barreled shotgun or rifle. There is an exception allowing ownership of an antique gun unlikely to be used as a weapon. Often if the gun is modified it no longer remains the C&R status of an antique gun.

Today we were on the Tom Gresham’s radio show Gun Talk talking about the proposed changes to procedure used by the ATF for obtaining approvals for Form 1s and Form 4s. While talking with him we mentioned that we would post a sample letter that listeners could use to help oppose 41P.

While there are many CLEOs around the country who will not sign a Form 4 or Form 1 regardless of who it is for, the ATF is suggesting that many of those may be willing to sign the Modified CLEO that they are proposing. From those we have spoken to so far, we do not believe that there will be CLEOs available in areas in the future where they are not presently available.

We are asking our clients and others who want to help to send a letter to their CLEO asking if they will sign the modified CLEO signature.

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