New Silencer – SWR: Specwar 762; Multi-caliber Sound Test.

A Gun Trust can be used to purchase suppressors in most states like the Specwar 762 from SWR. The multi-caiiber suppressor had sound suppression to the 135-131 db range when looking at 10 shot averages. Most suppressors try to obtain results less than 140 db to create a hearing safe level.

Tomorrow Sarah Gervase, with the NRA is presenting a summary of the major provisions of the NFA just before my presentation of the use of Gun Trusts as we provide many lawyers with information on Gun Trusts I wanted to highlight some of the major points of her talk with some exerts from her paper.

This presentation will focus mostly on individual buyers and transferors, as many of those in attendance at the Firearms Law Seminar have more personal interest in and interaction with individuals who collect or own these arms for their own enjoyment. There will be some basic information for dealers, manufacturers, and importers, however, and a future Seminar presentation can focus on those areas if there is sufficient interest. In the meantime, readers of these materials who need more in-depth information for dealers, manufacturers, and importers are encouraged to review ATF’s website at for the latest relevant requirements.

A quick note about holding a client’s property. Be very careful about holding any firearms owned by a client or about accepting firearms as payment for services. Here’s a horror story. An attorney represented a man accused of bank robbery. The attorney took possession of the allegedly stolen money and a sawed-off shotgun. That attorney was suspended from the practice of law for 18 months for possessing a short-barreled shotgun used in a bank robbery. It was unprofessional conduct to take the fruits and instrumentalities of the crime. In re Richard R. Ryder, 381 F.2d 713 (4th Cir. 1967).
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Using a Gun Trust for multiple people is a common scenario that we discuss with people. Our general recommendation is that it is not a good idea to have several people contribute firearms to a single trust for the purpose of sharing ownership and use of the firearms.

While it is not such a bad idea, if people are going to be contributing firearms to your trust, most people want to use a trust like a company where each person will have equal rights. The equal rights scenario is a generally a bad idea because your gun do not necessarily go to who you want.

Imagine the following example. Adam, Burt, and Charlie want to form a trust so that they can each use all the firearms in a single Gun Trust. Adam is married and has children, Burt is single, and Charlie has a live in girlfriend. Each is planning on purchasing a silencer so that there will be three silencers to share. It would be important to add Adam’s wife and Charlie’s girlfriend on the trust to protect them from constructive possession and inadvertent transfers which are both violations of the NFA and have penalties that can include 10 years in jail and a 250,000 penalty.

If you are interested in a real NFA Trust or Gun Trust and looking to implement it quickly and without the additional cost of a lawyer being involved we are offering a special on the Online version of the Gun Trust for only $199.

This is anywhere from 1/2 to 1/3 of the normal price of the Gun Trust with legal support. The Online Gun Trust comes with a great manual which describes and give examples and hyperlinks to sample forms to purchase NFA firearms. It can deal with people who live in multiple states and allows you to add 3 additional authorized users. Additional authorized users can be added with an Amendment.

Many people are rushing to put their regular firearms in a Gun Trust in an attempt to protect their ability to allow children and grandchildren to use them when they are old enough and in an attempt to offer protections from pending legislation which would restrict the right to transfer firearms to future generations.

While Silencers themselves do not seem to have been made illegal in CT, it seems that almost anything that you can put them on has or will become illegal soon. In addition SBR, and most SBS are now illegal to buy, acquire, or possess but there is an exception for those which are registered prior to Jan 1, 2014 which were legally possessed prior to the bill’s effective date.

Below are some of the highlights of CT’s gun related legislation
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We are getting many questions regarding recent laws but one of the most common is “Whether a Gun Trust can prevent me from having to register my firearms or magazines?”

If you live in a state where registration is required, a Gun Trust will not prevent you from having to register your firearms and or magazines that are located in that state. If you would have to register them as an individual, your trust or you will have the same obligation.

The only way to avoid a state required registration is if the items are no longer subject to the state’s laws. e.g. if the firearms or magazines are located in another state.

Yes that’s right, in states where it is still legal, you should transfer your high-capacity magazines to your Gun Trust as soon as possible. Given that some states like Colorado, New York, and Maryland have recent passed legislation that will or has limited the ability to transfer certain firearms and magazines those of you who still have the opportunity to transfer your magazines should take advantage of it.

In most states you can simply list the number, brand (if known), caliber, and number of bullets they hold on one of our assignment sheets that come with the trust. There it does not matter if you do not have the make, model, and serial number of a magazine as many do not have this information at this time. Just list what you know e.g. ( 25 Magpul 30 round 556 magazines, 8 metal 30 round 556 magazines).

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On Friday May 3, 2013, the National Riffle Association is having The 16th Annual Firearms Law Seminar in Houston Texas. This seminar is primarily focused for lawyers who deal with firearms related issues in the practice. Over the past few years, the ATF has presented the panel on Trusts and ownership of Title II firearms. I have personally been to this presentation several times looking for guidance or changes in the law or its interpretation. Unfortunately the NFA portion of the seminars have been disappointing and have not offered any real guidance in dealing with the many issues that a Gun Trust should deal with. This year the NRA asked me to speak Gun Trusts. I plan on dealing with many of the ethical problems with traditional trusts as well as how to use Gun Trusts to protect your clients firearms from future legislative restrictions as well protecting the guns from loss due to confiscation that often surrounds criminal charges or claims of domestic violence and/or child abuse that often surround divorce.

Many people are still looking for NFA Trusts and have not realized the benefits of a Gun Trust over a trust that only deals with NFA Firearms. Look for more information on the NRA Firearms Law Seminar. For more information about the National Firearms Law Seminar, please call 1-877-NRF-LAWS
If you are a lawyer and plan on attending and would like more information on Gun Trusts or have a question you would like me to address at the seminar, use the contact form and I will try to incorporate it into the Gun Trust Presentation portion of the NRA Firearms Law Seminar.

The U.S. Senate has announced that anti-gun legislation will be heard on the floor next week. While that could change at any time, right now it means that your Second Amendment freedoms are on the chopping block, and you need to take immediate action to save them.

Senators are scheduled to vote on a so-called “universal background check” bill being pushed by lifelong anti-gun zealot, Sen. Charles Schumer (D-N.Y). Schumer’s bill–S. 374, the “Fix Gun Checks Act of 2013”– would criminalize virtually all private firearm sales, even temporary transfers, making you a criminal if you simply transfer a firearm to an aunt, uncle, cousin or lifelong friend without the federal government’s approval. Even worse, President Barack Obama’s Justice Department says that Schumer’s bill will only be effective if it’s coupled with mandatory gun registration.

Sen. Dianne Feinstein’s (D-Calif.) gun and magazine ban legislation will be allowed to offer her legislation as an amendment.

On April 2, the United Nations General Assembly voted 153-4 to pass the Arms Trade Treaty, with the United States voting in favor. The vote in the General Assembly was necessary to push the treaty process forward after negotiations twice failed to deliver on the goal of developing the treaty by unanimous consent. The Obama Administration is expected to sign the treaty soon after it is opened for signature June 3.

The text of the approved treaty is deeply problematic and threatens the rights and privacy of American gun owners. Signatories are encouraged to keep information on the “end users” of arms imported into their territory and supply such information to the exporting country. Exporting nations, nearly all of which have civilian firearm control regimes far harsher than the U.S., are encouraged to take the firearm control laws of an importing country into account before approving a transfer of arms. The treaty also encourages states to adopt domestic legislation to facilitate the treaty’s onerous requirements.

To read more on this treaty and its problems see the full press release from the NRA-ILA

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