We often get requests for referrals and while we keep the information on our clients confidential we recently had a client send us and email which they gave us permission to publish. Andrew originally purchase a trust from a local attorney because of a recommendation based upon price and it was not until months later that he found out about gun trusts and how a gun trust is very different from a regular trust.

Often times people will ask me, “How much money should I spend on a gun for self-defense?”. I usually respond by asking, “How much is your life worth?”. The implication is that one would typically want a good insurance policy if they are insuring something of great value & should not cut corners in an effort to save a few bucks. I should have applied the same principle to setting up my NFA Gun Trust.

I initially went with another law firm to draft my Trust because the price was very cheap & because the lawyer represented a known SOT/Class 3 dealer. The first Trust that was drafted for me was nothing more than a standard Trust. It was 3 pages long including the cover sheet & did not mention the NFA, ATF, Form 1, Form 4, Form 5, Form 20 or even that the items to be held by the Trust should not be accessible to “prohibited persons” or minors. I e-mailed Mr. Goldman of Law Office of David M. Goldman PLLC to inquire about having a true NFA Gun Trust drafted.

I received an e-mail that explained the differences between the Trust they offer & most other standard Trusts. The main thing that convinced me I should have gone with Law Office of David M. Goldman PLLC first was the following: “Most trusts name a “Successor Trustee” but provide no guidance on how to handle NFA firearms. In fact, most trusts instruct others to violate the law and place themselves, your family, and your beneficiaries in jeopardy of criminal prosecution and confiscation of the firearms.”. This is because even with a Trust, the beneficiary must submit an ATF Form 5320.20.

After speaking with Mr. Goldman via telephone to provide him with some information, I received my NFA Trust within 4 days. I received an e-mail from a local attorney which included my NFA Trust in a PDF file. I quickly used the search feature in Adobe to search for the term “NFA”. I was so relieved that not only was the NFA mentioned, it was mentioned 24 times in the 19 pages of the Trust itself. After I began reading the things it covered & explained, I felt a huge relief. It is so well written that I know I do not have to worry about my beneficiaries understanding what to do in the event of my passing. I simply had to print, sign & notarize it to execute it.

I could not be happier. Law Office of David M. Goldman PLLC has been very easy to speak with about the few things I needed answers to & the included instructions cover most of the things one needs to know to stay within the confines of the law. If you are reading this, stop thinking about which law firm to use. It is of the utmost importance to have a properly drafted NFA Gun Trust for the purpose of acquiring & manufacturing NFA items. After reading how my NFA Trust deals with the complexity of NFA laws, I quickly realized how many people have done themselves a disservice by using a computer program or uneducated law firm to draft their Trust for Title II items.

I even mentioned this to the local attorney who sent my Trust to me & he had this to say: “I know what you mean. I used to sell exactly the kind of trust you are talking about. I am so happy to be able to provide a higher quality of service nowadays.”

Thank you Law Office of David M. Goldman PLLC. I now know who to recommend to anyone with a serious interest in NFA firearms.

Sincerely, Andrew C.

If you are looking to create a Gun Trust and want a Gun Trust Lawyer® to help create a customized Gun Trust or Multi-Generational Asset Protection Gun Trust Contact Us.

Closing arguments are about to happen for a trial of three men in Alaska. Schaeffer Cox and two others are charged with, among other crimes, possessing and making an unregistered silencer and possessing an unregistered machine gun.

Defense attorneys will argue Wednesday that their clients acted in self-defense as they took up arms to protect Cox at public appearances, including an interview at North Pole television and radio station KJNP.

Defense attorneys also will claim Wednesday that their clients were entrapped by the government’s primary informer on the case, militia member Gerald “J.R.” Olson, who agreed to work undercover in exchange for consideration on another criminal case.

Defense attorney Tim Dooley asserts that Olson brought up the subject of illegal weapons, “finagled” the defendants into placing an order and brought in samples — three .22-caliber handguns with silencers and hand grenades — that Cox and Barney were examining when they were busted.

Unfortunately there is no intent required in violating the NFA and simple possession or constructive possession is all that is required to violate the law. In addition to most the federal laws, many state have enhanced penalties for use of NFA firearms in the commission of a crime.

The NFA defines a transfer to include loaning and is not the same as most of us would think of regarding the transfer of property. Jury deliberation is expected to begin later this week.

texascle.jpgMany Lawyers are asking about Gun Trust CLE, I have been working with the Texas Bar on their Firearms Law Seminar. We will be providing some information on Gun Trusts which will be available soon. Attached is the seminar brochure. If you are in Texas they will be covering many topics related to dealing with firearms in the practice of law.

Course Highlights:

  • Firearms Trusts / Gun Trusts – David M. Goldman
  • The Right to Bear Arms in the Post Heller/McDonald World – Stephen Halbrook
  • Self-Defense: Recent Changes to the “Stand Your Ground” Legislation – Massad Ayoob
  • Prohibited Persons and Restoration of Firearms Rights – Stefan Tahmassebi
  • Every Bullet Downrange Has a Lawyer Attached – Ed McConnell
  • Class III SOT – Obtaining and Keeping a Federal Firearms License
  • Concealed Handgun Licenses: How to Get Them and What They Mean
  • Avoiding Malpractice and Ethics Violations in Firearms Matters
  • Self Defense – Recent Changes to “Stand Your Ground” Legislation”
  • Criminal Defense as It Relates to Gun Cases

live San Antonio September 28, 2012 La Quinta Convention Center 303 Blum San Antonio, TX 78205 (210) 222-9181 Register by September 14, 2012 and save $50!

If you want to find out about offering Gun Trusts to your clients Contact Us for more information on how to provide your clients the original Gun Trust created by the Gun Trust Lawyer®

Think the ATF or BATFE ignores possession and transfer of firearms, think again. Today the ATF announced that it arrested and charged 15 individuals who face between 10 and 70 years for many firearms related crimes including the unlawful manufacture of firearms and possession of an unregistered firearm.

11 of the 15 were arrested on Wednesday during a round-up. Remember that an improper transfer or possession of a NFA firearm or Title II firearm could result in severe penalties and criminal charges. These include up to 10 years in jail, a 250,000 penalty, and loss of your firearms.

Using a Professionally designed Gun Trust instead of a revocable trust or free trust that a dealer gives you can help protect you and your family from unfortunately events like this. Our Gun Trusts have been designed by Gun Trust Lawyers® to help with the ownership, possession, transfer, and use of Title II firearms.

One of the most common violations of the NFA deals with the purchase of the firearms. Many individuals do not understand the importance of having the Gun Trust make the purchase of any NFA firearms and not purchasing them individually. When permission is given for the transfer from the dealer to the trust, the purchase transaction should mirror the approval.

If you purchase a Silencer or other Title II firearms as an individual and then transfer it to a trust, there are 2 unapproved transfers: 1) the transfer from the dealer to you; and 2) the transfer from you to the trust. Neither of these has been approved and both are time bombs waiting to cause you and your family harm. Either of these makes your Title II firearm illegal and any future possession or transfer of such item even if approved by the ATF or BATFE does not make the firearm legal.

This is one of the many issues a properly drafted gun trust can help you with. We believe we have the most advanced and sophisticated gun trust on the market. We created the first true gun trust almost 5 years ago. Recently we have begun seeing more attempts to create gun trusts. Most are not more than traditional revocable trust with a few lines about firearms.

To be considered a Gun Trust, the trust should be written from the ground up to deal with firearms only firearms. A Gun Trust should be designed to deal with all of your firearms not just Title II firearms so that you get the same protections for all of your guns. If you are looking for a gun trust that will not only allow you to purchase Title II firearms with confidence but give you and your family the guidance and resources necessary to use and transfer the firearms.

If you have any questions about Gun Trusts, Contact Us to discuss your circumstances and objectives. We have a range of gun trusts designed to suit various needs.

Michigan NFA Class 3 firearmsThere 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.

Michigan has several laws dealing with the registration, ownership, and possession of firearms that are changing in January 2009.   In Michigan you can own the following items that are regulated the the National Firearms Act:

Machine Guns
Silencers (as of late 2011)
Any Other Weapon (AOW)
Destructive Devices (DD)
Short Barreled Shotguns (SBS) *
Short Barreled Rifles (SBR) *

In Michigan you cannot own the following NFA restricted items.

Some AOW’s like Tasers or Stun Guns by private citizens whether or not they are Title II ( Sold by a class 3 dealer) or the individual has a CCW permit.
*SBR & SBS are restricted by the Michigan Compiled laws 750.224b(3) which limits these items to C&R, Collectors items not likely to be used as a weapon but only if the person selling, offering, or possessing the firearm also complies with the Michigan Compiled laws 28.422 (will be amended Jan 2009) and 28.429 ( will be repealed Jan 2009).

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

Silencers status updated 2012

We get many questions about filling out ATF forms with trusts. Here is a summary of the common forms that need to be filled out along with instructions on how to fill them out properly.

While most trusts do not have EIN numbers, the proper way of filling out the documents is to include your social security number as that is your TAX ID number. At this time, ATF does not seem to care whether you leave it blank, put N/A, or include your Tax ID number or an alternate EIN number. This may change.

Many people feel that they should not have to pay an additional tax stamp to transfer from themselves to their trust. using your SS number on both would seem to indicate that there is not a taxable transfer. The problem is one of economics. Generally no one wants to fight over the $200 tax stamp. Even if you have 10 or 20 NFA firearms, the cost of raising this issue would be far more than paying the tax.

We have complied pages on
How to fill out an ATF form 4 (5320.4)
How to fill out an ATF form 1 (5320.1)
How to fill out an ATF form 20 (5320.20)
How to fill out an ATF Certificate of Compliance for a Trust (5330.20)

Remember that there are different types of trusts. Most trusts even are not appropriate for the ownership of firearms as they generally tend to instruct people to break the law. These forms and examples are for the use of those who are using a trust which has been licensed by a Gun Trust Lawyer®. These instructions work with the Base, Professional, and Multi Generational Asset Protection versions of the Gun Trusts and while they may be appropriate for other trusts, we cannot give advise on them without reviewing them.

Reuters is reporting that the U.S would back launching talks on a treaty to regulate arms sales.

The U.S. State Department released a statement that overturns the position of former President George W. Bush’s administration which opposed such a treaty.

Secretary of State Hillary Clinton said the United States would support the talks.

The U.S. lobbying group the National Rifle Association has opposed the treaty as it could limit our gun rights and the ability to purchase or own firearms in the future.

Fears of restricted gun rights have created a huge increase in firearms sales over the past few years and there does not seem to be any indication that the sales will slow anytime soon.

We often get questions dealing with the purchase of silencers in other states. You or a co-trustee must be a resident of the state in which you want to purchase the silencer. For example if you are a resident of a state that does not permit the ownership of silencers like New York, California, or New Jersey it is possible to purchase silencers in other states where they are legal. Unfortunately if you are a resident of a state where they are not legal will not be able to complete the transaction. If you have a co-trustee who is a resident of a state where they are legal the silencer can be purchased in that state by that co-trustee.

While it is permissible to add co-trustees in other states there should be a legitimate reason to add them and they should not be added to facilitate the purchase as this would be considered a straw purchase and would be illegal.

Often people add adult relatives or friend who they will be shooting with, or who they want to have access to the firearms to a trust as a co-trustee. This would be a legitimate reason to add someone and would not create a straw purchase issue. On the other hand if you were to add someone to the trust simply to allow you to make the purchase, it could be considered a straw purchase.

If you have questions about this you should contact you Gun Trust Lawyer® to discuss your specific circumstances and proposed course of action. Our Gun Trusts come with a guide that explains this in detail and what is and is not permitted under the federal laws that deal with these issues.

boa.pngBank of America Reveals Anti-Gun Policy, Drops Gun Manufacturer McMillan Group International.

It appears from statements made to McMillan that the decision to not do business with firearms manufactures is politically motivated. If you have an account at BOA you may consider letting them know of your reaction to their decision.

With Dove season just around the corner, Texas is becoming one of the growing list of states that allows the use of silencers when hunting.

A silencer is a Title II Firearms which is restricted by the National Firearms Act and can only be sold by dealers who have a Class 3 SOT license. (They can also be purchased second-hand from individuals using the same ATF Form 4). Because of their classification they require a $200 Tax stamp and approval from the ATF or BATFE before you can take possession of them.

Other states including Texas have previously allowed the use of silencers when shooting varmint but not on game. While the law was passed in March, Texas hunters have been patiently awaiting September 1st to legally use silencers while hunting.

You will still need to apply and receive a state permit from the Texas Parks and Wildlife to hunt for alligators, game animals or game birds with a silencer.

When your ready to begin hunting with a silencer in Texas, you should contact a Texas Gun Trust Lawyer ® to discuss setting up a Gun Trust. Gun Trust when properly created can help protect you and your family from violations of the NFA and add additional flexibility that is not available for individual owners.

Gun Trust Lawyer® works with lawyers in more than 40 states including Texas to offer legally supported trusts as well as a do it yourself Gun Trusts Forms.

Note: While a Gun Trust is a type of Revocable Trust, a Traditional Trust is not appropriate for the ownership, or disposition of firearms including NFA Firearms.

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