David Goldman will be facilitating a discussion at Elder Concert 2013. Elder Concert is a statewide conference for the elder care professionals that is presented by the Academy of Florida Elder Law Attorneys, the Elder Law Section of the Florida Bar, Florida Department of Elder Affairs, the Florida State Guardianship Association, the Florida Geriatric Care Managers Association, Florida Atlantic University and the University of South Florida.

‘Bequesting a Felony – Geriatrics and Guns’ will take place on Saturday, September 21, 2013 from 10:45am to 12:00pm in Boca Raton and on Friday, October 11, 2013 from 1:30pm to 2:45pm in Tampa.

Obama reported to sign UN Gun Treaty while Congress is on Vacation:

Obama.jpg
Jay Carney said Obama will sign the UN Arms Trade Treaty “before the end of August…We believe it’s in the interest of the United States.”

I have previously written on how the UN Arms Treaty can prohibit the future transfer of firearms for citizens of the United States. For the Treaty to become effective it must be ratified by the U.S. Senate. This requires 67 votes. You should contact your Senator and let them know you do not want them to approve the UN Arms Trade Treaty also known as the UN Gun Treaty.

To read more about the UN Gun Treat follow this link and for more commentary on the treaty follow this link

While the UN Gun Treaty could prohibit future transfers of firearms, a Multi Generational Gun Trust could protect your firearms for future generations by not subjecting the firearms to restrictions on the transfer of firearms to future generations. If you or your family has a firearms collection you would like to protect, contact us to find out more about our Advanced and Professional Gun Trusts.

California NFA Class 3 firearms
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 California you can own the following items that are regulated the the National Firearms Act

Machine Guns  (special permission is required)
Any Other Weapon (AOW) (except Pen Guns or Assault Weapons) *1
Destructive Devices (DD)
Short Barreled Shotguns (SBS)  (C&R only)
Short Barreled Rifles (SBR)  (C&R only)

In California you cannot own the following NFA restricted items.

Silencers
Pen Guns

*1 AOW’s other than Pen Guns are ok as long as they are not an assault weapon.  With the exception of AOW assault weapons that were owned prior to the registrations period are ok.  AOW’s are not required to receive a Curio or Relic classification.

Note In California most Class 3 items other than AOW’s must be classified as a Curio or Relic  (C&R).

SBS and SBR, that are C&R  as well has AOW’s as described above do not require any special state permits.

Permits for Machine guns and DD’s are controlled and at the sole discretion of the DOJ and are rarely issued to civilians or anyone who is not involved in the movie industry.

CA’s Assault weapons laws apply to assault weapons whether they are C&R or not.  An assault weapon in CA if meets certain requirements found in the statutes. One of these is  semi automatic center-fire rifle with  the capacity to accept a detachable magazine that has an overall length of less than 30 inches is an AW.  This would mean if you made (through a form 1) a SBR out of an M1 Cabine, it would likely be considered an AW under California law.

Follow this link to find out more about California and NFA restrictions on Class 3 Firearms

North Carolina will become the next state to legalize hunting with a suppressor. As of 10/1/2013, a suppressor will be legal to use on firearms while hunting. The NC Wildlife Resource Commission made the changes which are not found in the NC statutes and also not found in the in the NC Hunting Regulations which were printed before the legislation passed. Here is a link to the legislation as well as the press release. If you plan on hunting in NC after October 1, 2013, I would suggest keeping a copy of the legislation and press release with you as many police officers may not know that it will be legal to hunt with a suppressor after 10/1/2013.

Every time a state legalizes hunting with a suppressor, the sales of suppressors in that state dramatically increase which creates a longer approval wait time. Given that current approval times in most states is more than 6 months. it would be advisable to purchase your silencer now if you have any plans on hunting with a silencer in 2014. Remember that if you use a Gun Trust, you do not have to obtain your local sheriff’s permission to purchase a silencer as well as creating the flexibility to have multiple authorized users. There are many things that are different with Title II firearms (like suppressors) and it would be a good idea to request our free report on What is a Gun Trust and Why you might need one.

Last week I called the ATF to check on one of my personal applications and a new one that I recently filed. The person I spoke to told me that while older applications were taking 6-9 months, new applications were expected to take 9-12 months for approval.

The Firearmsblog has reported a similar conversation with ATF.

While we had previously reported that the ATF was increasing their staff by 30% it appears that this has not helped clear the backlog and they are more than 46,000 applications in the backlog.

A NFA Trust or Gun Trust is a type of revocable living trust that is created for the main purpose of possessing Title II firearms. In our review of many so-called Gun Trusts we have seen that most do not properly address firearms ownership, transfer and possession. (If you have a gun trust you would like reviewed, just let us know and we woudl be happy to review it under the federal laws for free) Many are regular trusts and many only have a few firearms related terms. If almost every provision in your trust does not deal with firearms, it is not a real Gun Trust from a Gun Trust Lawyer®.

A Gun Trust is a NFA Trust that is appropriate for regular firearms as well as Title II firearms (those sold by Class 3 SOT FFLs). Often times, people who wish to purchase Title II firearms with a trust choose to hire an attorney who has not studied and does not fully understand the NFA and estate planning. As a result, many so called NFA Trusts or Gun Trusts other than those provided by a Gun Trust Lawyer® do not comply with the Gun Control act of 1968, the National Firearms Act and other local and state specific gun laws. These trusts often contain several defects or mistakes and may lead to illegal possession or transfer of Title I and Title II firearms.

Mistake #1: Omitted Necessary Provisions

A generic revocable trust often times does not contain necessary provisions that are necessary for the possession of Title I or Title II firearms. A real Gun Trust should mention several provisions, including but not limited to: National Firearms Act (NFA), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF or BATFE), ATF Form 1, Form 4, Form 5320.20, Title II firearms, prohibited persons, etc. An experienced Gun Trust Lawyer® will insert and define these terms into a Gun Trust to meet important requirements that are unique to Gun Trusts.

Mistake #2: Failure to include required provisions or execute the Gun Trust properly

Each state has its own requirements to create a valid Trust. While this is a Gun Trust it will have to be executed with the formalities required for type of trust that is used. Many states have signing requirements and these can differ depending on if the trust is revocable or irrevocable. In addition, it may be difficult for the ATF to recognize the trust as valid if one moves or the trust is attempted to be used from different states in the future. It is important to create the trust with the requirements necessary for ATF approval in each state to prevent problems in the future.

Mistake #3: The Trustee or Beneficiary is a Prohibited Person

Under the NFA, a “prohibited person” cannot own or possess any firearms. Thus, it is important that a valid Gun Trust not only mentions prohibited persons but also defines them so that future managers of the trust can easily identify illegal transfers. Your Gun Trust should make it impossible to appoint a prohibited person as a Trustee and properly deal with a beneficiary who is or later becomes a prohibited person so that you do not put your family or friends at risk or criminal prosecution. In addition, the state where the beneficiary lives at the time of your death, which is unknown at this time, must be dealt with to prevent firearms from being sent to a state where they are not legal.

Mistake #4: Title II Firearms Have Not Been Properly Transferred to the Gun Trust

A Gun Trust cannot legally own a firearm unless it is legally transferred into the trust. Simply signing a trust agreement does not transfer ownership of a firearm to a trust. A firearm must be transferred from the current owner, to the Gun Trust, according to applicable state and federal law. Opening a bank account in the name of the Gun Trust, and purchasing Title II firearms with the trust’s funds (by using a check or debit card from the Gun Trust’s checking account) is a simple way to ensure that the trust, and not you, owns the firearm(s). Your gun trust should be able to deal with the ability for you to purchase the firearms with personal funds and properly document the purchase so that invalid transfers do not take place. Our Gun Trusts come with the forms and instructions to help you properly purchase and transfer firearms to your Gun Trust. You should never use your own personal funds to purchase Title II firearms without proper documentation that it was done on behalf of you as Trustee of the Gun Trust as this can lead to the illegal possession of the firearms by co-trustees of the Gun Trust.

Mistake #5: The Gun Trust Allows a Beneficiary to Possess Title II Firearms

The majority of revocable living trusts or so called Gun Trusts allow beneficiaries and or other people to use, possess, and receive distributions of trust assets. A properly drafted Gun Trust prohibits a person who is a mere beneficiary from using or possessing a Title II Firearm. Only trustees or legally eligible authorized users under the terms of a Gun Trust have the legal right to use and possess Title II firearms owned by the trust.

The ATF changes the rules and interpretation of the NFA all the time. It is important to use a Gun Trust Lawyer® who keeps up with the changes and will not charge you every time you have a call or question regarding how to use your trust properly. Gun Trust Lawyers® will answer questions this week, next month, or next year about your trust free of charge. The unlimited support is include with your legally supported Gun Trust so you do not have to worry about future legal charges for questions or the next time ATF changes their procedure.

We have created over 5000 Gun Trusts for clients all over the country and work with lawyers in each state to have state specific issues dealt with. Today with families being located in multiple states and not knowing where your beneficiaries will live when you die, it is more important than ever to have your Gun Trust deal with multi state issues correctly. To find out more about Gun Trusts request information using our contact us form on this page or call us to begin the process.

ATFonline.jpgFFL 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.

The submission of Forms 2, 3, 4, 5 and 9 can only be done by a Federal firearms licensee who has paid the special (occupational) tax for the current Tax Year.

If the submission of the form requires fingerprints, photographs, and the Law Enforcement Certification, the submission cannot be done using eForms – the application must be submitted on paper to the NFA Branch.

Accordingly, Forms 1, 4 and 5 may be submitted using eForms if the applicant maker or transferee is a legal entity, such as Gun Trust. The submission of the application will require that the documents establishing the Gun Trust be attached electronically to the application.

This means that the entire Gun Trust as well as any exhibits or attachments mentioned in the Gun Trust will need to be electronically attached to the application.

For Forms 1 or 4 that are submitted with making or transfer tax due, the tax payment will be made through Pay.Gov, just prior to the submission of the application. Pay.Gov is a system, of the US Treasury’s Financial Management, that allows the submitter to pay the tax by credit/debit card or from a bank account. For detailed information on Pay.gov you can visit their website at www.pay.gov.”

To begin the process you will need to register online with a 12 digit or more password that contains a number, upper and lower case letters, and a non alpha numeric character.
ATFonline-register.jpg

It appears you will also need to register with www.pay.gov to make the payment.
While a Gun Trust can only use the Form 1 at this time, Class 3 SOT FFLs can submit forms to transfer firearms to Gun Trusts but not individuals.

A Gun Trust is a term used to describe a revocable or irrevocable trust that has been customized to deal with the unique issues of firearms ownership, transfer, and possession. Many so-called Gun Trusts have significant problems and are little more than regular legal documents that do not deal with all of the issues involved with the purchase, transfer, and possession of firearms including those regulated by the NFA. To be sure you are getting a Gun Trust and not a regular trust you should contact a Gun Trust Lawyer®. If you have a trust that you would like reviewed for the federal issues, we will review them free of charge and let you know if we find significant issues that could cause problems and create criminal liability if the terms of the trust are followed.

Remember that just because the ATF approves a transfer to a trust, it does not make your trust valid or appropriate to use.

aac-pistol-660x241.jpgThis past Friday, thefirearmsblog.com released an article detailing Advanced Armament Corp.’s (AAC) new collaboration with Remington. The article announces the collaboration as “Advanced Armament Corp.’s first branded pistol,” disregarding AAC’s long time partnership with Nighthawk Custom.

Nonetheless, Advanced Armament has teamed up with Remington to offer the first-ever pistol/suppressor combo package with a retail price of $2,261.

The accuracy and reliability of the 1911 have been enhanced by the features this product exhibits. End consumers will be happy to know that this silencer and pistol combination is equipped with a Pelican case with custom cut foam, a Tirant45 silencer and (2) two magazines. The product also features high sites, a black threaded barrel, custom Grey VZ “Grenade” AAC logo grips, the Skull Xguns logo on the right side of the slide and “Advanced Armament Corp” on the left side.

This package is an AcuSport exclusive, and is only available to FFL Class III dealers who purchase through AcuSport. Since the silencer is a Title II item, if you purchase this new combo, keep in mind you will have to submit a Form 4 to ATF.

The BATFE released a 60 day notice notice to make changes to the ATF Form 5320.1. This form is used to make or asemble a Title II Firearm under the National Firearms Act.

The changes would allow applicatnts to pay the transfer ta by credit card or debit card, and combine information currently captured on another form.

Here is a copy of what was published in the Federal Register Today under Notices
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ”sixty days” until September 20, 2013. This process is conducted in accordance with 5 CFR 1320.10.

If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Gary Schaible, National Firearms Act Branch at Gary.Schaible@atf.gov.

Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

–Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

–Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

–Enhance the quality, utility, and clarity of the information to be collected; and
–Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Summary of Information Collection
(1) Type of Information Collection: Revision of a currently approved collection.
(2) Title of the Form/Collection: Application to Make and Register a Firearm.
(3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: ATF F 1 (5320.1). Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: State, Local, or Tribal Government. Other: Business or other for-profit, and individuals or households.

Need for Collection
The form is used by persons applying to make and register a firearm that falls within the purview of the National Firearms Act. The information supplied by the applicant on the form helps to establish the applicant’s eligibility. The changes to the form are to allow applicants to pay the transfer tax by credit or debit card, combine information currently captured on another form, and the form size is now 81⁄2″ x 14″.
(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 9,662 respondents will take an average of approximately 1.63 hours to complete.
(6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 15,747 annual total burden hours associated with this collection.
If additional information is required contact: Jerri Murray, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, Department of Justice, Two Constitution Square, 145 N Street NE., Room 3W- 1407B, Washington, DC 20530.

July 10, 2013
CONTACT
Carolyn Tyler Communications Director
720-508-6553 Carolyn.Tyler@state.co.us

COLORADO ATTORNEY GENERAL STATEMENT ON WITHDRAWAL OF MOTION OF PRELIMINARY INJUNCTION IN GUN LAWSUIT

DENVER–Parties in the case of Cooke v. Hickenlooper have reached an agreement to withdraw the plaintiff’s motion for preliminary injunction. The parties have agreed to language that the attorney general and governor will provide as technical guidance. At issue was what it means for a magazine to be “designed to be readily convertible” to one in excess of 15 rounds and what it means for a weapon to be in the “continuous possession” of its owner. Specifically, the additional guidance is that:

Magazines with a capacity of 15 or fewer rounds are not large capacity magazines as defined in HB 13-1224 whether or not they have removable base plates. These base plates themselves do not enable the magazines to be expanded, and they serve functions aside from expansion–notable, they allow the magazines to be cleaned and repaired. To actually convert them to higher capacity, one must purchase additional equipment or permanently alter their operation mechanically. Unless so altered, they are not prohibited.

The phrase “continuous” possession in HB 13-1224 shall be afforded its reasonable, every-day interpretation, which is the fact of having or holding property in one’s power or the exercise of dominion over property, that is uninterrupted in time, sequence, substance or extent. “Continuous possession” does not require a large-capacity magazine owner to maintain literally continuous physical possession of the magazine. “Continuous possession” is only lost by a voluntary relinquishment of dominion and control.

The following statement is to be attributed to Attorney General John W. Suthers:

“The Attorney General’s Office is pleased with the agreement that provides further clarity for the plaintiffs, gun owners and dealers in Colorado. The agreement is consistent with the reasonable, narrow reading of the statute that we have advocated and it now allows the court to expeditiously move to consideration of the Second Amendment implications of the statute. Today’s agreement is consistent with our interpretation of the statute and the guidance the Attorney General’s Office and the Colorado Department of Public Safety issued pursuant to the governor’s direction and, pending final disposition of the case, the statute will be enforced in accordance with the guidance.”

While the above does not clarify whether a Trust can be a “person” for high-capacity magazines, it does help with the continuous possession concern that we have previously expressed.

Contact Information