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While a Gun Trust or other forms of ownership can allow you to purchase Silencers or other Title II firearms in states where they are legal, it is important to realize that just because you or a trust own a Silencer or other Title II firearm, you do not have the ability to take those items to states where they are illegal to possess.
For example silencers are not legal to purchase, own, transfer, or use in Illinois. Recently an individual was arrested for threatening police and possession of an illegal silencer. The silencer may have been legally purchased but its presence in Illinois is a crime and will make the silencer illegal.
While it sounds like Gali, the individual with the illegal silencer, is in a lot of trouble, the additional penalties for possession of a silencer could add up to more than 10 years in jail and a $250,000 penalty plus seizure of the vessel (his car) that the illegal silencer was found in.
The ATF told attendees at the NSSF Import/Export conference that they had hired 12 temporary research assistants and a supervisor to review Form 4 and Form 1 applications for mistakes before the examiner gets them. (Reported by Joshua Prince at the Prince Law Firm a PA Gun Trust Attorney)
Back in April the backlog on Form 1 and Form 4 transfers was around 43000. The additional staff has almost doubled the number of transfers per month that the agency can handle. The ATF is also asking Congress to use part of the revenue generated to help update their antiquated systems as currently the taxes collected from the Form 4 and Form 1 applications is deposited into the Treasury’s account where the ATF has no access.
Apparently if a FFL submits a Form 1 or Form 4, their applications are put in a special folder for special processing because the background of the FFL has already been checked.
UPDATE FOX news is the first major network to confirm this story we began discussing over 8 hours ago.
I received numerous emails about the UN Treaty not being approved. The Examiner and TheGunMag.com have also reported that It was announced this morning that the US will not sign the UN Arms Treaty in its current form. While it is possible that a modified treaty could be singed at a later time it appears that the intense public awareness of the restrictions on our Second Amendment rights has cause such outreach by firearms rights supporters that the Treaty will not be signed in its present form.
As of this afternoon, I am seeing no major media outlets reporting this fact and some even alluding that it will still be passed. Will it be passed or not? We will know if a few days. Below I have complied a few sources on the story and even read through the proposed treaty which I found to be very circular and while supporting gun rights of states, would appear to require states (countries) to pass laws that would not permit misdirection or misuse of firearms by others. How else can you do this other than to ban certain small arms.
Even if this issue fails to pass this week, I am certain that we will see this issue again.
Update GunMag.com is also reporting that Alan Gotlieb who is at the United Nations in NY said the government will not sign the document.
The Seattle Times is reporting that the U.N. Treaty is unlikely to curb U.S. gun Rights. If passed this article appears to be an effort to distract from the true nature of the Bill. A misleading article at best.
The UN has a history of pursuing disarmament including firearms owned by individuals. While the text appears to talk about gun rights, it talks about them in terms of the states rights or collective self-defense rights and not at the individual level as we have under the Second Amendment. The UN has described its efforts on their own website as wanting to advance the restrictions and availability of ownership of small arms by the individual and destruction of surplus state (government-owned) weapons.
The Preamble states “Underlining the need to prevent, combat and eradicate the illicit trade of conventional arms and to prevent their diversion to illegal and unauthorized end use, such as terrorism and organized crime.”
The Principles The inherent rights of all States to individual or collective self-defense;
(NOTE these are rights of the state and not the individual)
Goals and objectives include avoiding international trade in arms. While this treaty would apply to larger arms like ships, tanks, aircraft, it would also apply to small arms and light weapons.
Each country would be required to create a national control system (registry) and would prohibit the transfers what would violate the treaty, would be a violation if they the arms were eventually transferred to an inappropriate personal or country, or were used for genocide, crimes against humanity, war crimes…
The UN document is similar to many UN treaties and appears to be so circular in nature that while allowing legal uses and each state to make their own rules, seem to restrict the rules that can be made by agreeing that no states (country) rules would possibly allow for an illegal or improper use of the arms to be regulated.
Basically you can’t own an AR15 because someone might sell one to a drug cartel that might do something wrong with the firearm. As such those firearms would not longer be permitted to be sold. This type of circular logic would have no end and surly end up eliminating all or most future firearms transactions.
If the treaty is signed what will happen? The treaty would go into force until the Senate voted to approve or deny the treaty. It would take 66% of the senators (67 Votes to Approve it). While this may be a problem, a Signed treat would be enforced until it was brought up for a vote. Some questions whether there would be enough senators to bring the treaty up on a vote.
Does anyone really think that laws keep criminals and terrorist from obtaining firearms?
To read a copy of the UN Treaty read the rest of this article.
This week I have received two trusts from potential clients who sent them in for review that were invalid. Even if ATF approved a Form 1 or Form 4 transfer to these trusts, anyone in possession of the TItle II firearms would be illegally in possession of them. Once person already had 3 items in their possession and 2 more on the way.
Both trusts claimed to be gun trusts but were obviously not intended for firearms much less those subject to the NFA and contained many of the traditional language found in a trust designed for managing financial assets.
While in some ways the language seemed to be slightly better than a Quicken trust (except for the fatal flaws that made them defective) they only briefly mentioned the NFA or guns in the trust and gave no guidance based on state or federal restrictions of firearms based on the geography of the transfer or the legal status of the people involved with the trust or whether the beneficiary was legally able to be in possession of the firearms based on the unknown circumstances of the future. While all of this may sound complicated, a real Gun Trust like one provided by a Gun Trust Lawyer® will deal with all of these issues and more.
Recently I was interviewed by Sheldon Gardner of the St. Augustine Record regarding an article about the sheriff deciding not to sign Form 4’s for TItle II transfers: Want to buy a silencer, sawed-off shotgun or explosives? Sheriff will no longer help.
While sheriffs all over the country are refusing to provide the CLEO sign off required for individual ownership of Title II firearms using ATF Form 4‘s and ATF Form 1‘s, the St. Johns Sheriff is one of the few who does not appear to be trying to stop ownership. The Sheriff’s office is recommending using a NFA Gun Trust. Sgt. Chuck Mulligan stated that “In no way shape or form is the sheriff stopping them or hindering them from buying these items.”
As Gun Trust Lawyers®, we have provided many residents of St. Johns count and residents of almost every state Gun Trusts to help them protect their privacy, avoid the CLEO and fingerprint requirements, and help manage their NFA and regular firearms during their life and upon their passing. Many police officers in these areas have also used our NFA Gun Trusts to acquire Title II firearms for personal and work related use.
WHAT IS AN NFA GUN TRUST?
NFA firearms (also called NFA weapons) are certain guns and accessories regulated by the National Firearms Act. They are sometimes incorrectly called “Class 3 weapons.” The confusion over the Class 3 terms is related to the licence that is required for a dealer to possess to sell Title II Firearms. NFA firearms include all fully automatic and select fire weapons, short-barreled rifles and shotguns and sound suppressors (silencers). NFA firearms include things that you might not expect.
Example: Remember the Hi-Standard .22 Derringer It is an ordinary “garden variety” pistol. Pair it with a wallet holster and it becomes an NFA weapon. Many collectibles, including pistols with detachable shoulder stocks, such as the Artillery Luger and the “Broomhandle” Mauser are also regulated by the National Firearms Act.
Suppose that your father brought home a “deactivated” machine gun from World War II? Even though these “Deactivated War Trophies” are welded up and are incapable of firing, they are still NFA weapons.
You can lawfully own NFA firearms, as long as they are permitted under state law. You have to register them with the Bureau of Alcohol, Tobacco, Firearms and Explosives (“BATFE”) and pay a $200 tax on each one. Unless you acquire them through a trust or other entity, you have to obtain the consent of your chief of police. If you create a special type of trust, no local approval is required. These trusts have other significant advantages as well.
An NFA Gun Trust, sometimes called a “Gun Trust” or a “Class 3 Trust” is a type of revocable trust that you create specifically to acquire NFA weapons and to hold your other firearms. It differs substantially from an “ordinary” revocable trust.
An NFA Gun Trust makes it easier and more private to transfer not only NFA firearms, but any guns, to your family members if you die or become disabled. Assets in a trust pass directly to your beneficiaries outside of the probate system. There is no public record of what you own.
An NFA Gun trust can be an irrevocable or revocable, but an “ordinary” estate planning trusts should not be used to acquire and hold NFA firearms. NFA trusts must have special provisions that deal with firearms.
Example: You want your twelve-year-old child to someday inherit your gun collection, including NFA weapons. An NFA trust provides a way to lawfully store them until your child is old enough to have them transferred to him or her.
We have lawyers in every state that we work with who have modified our trusts for your state’s specific law. The local attorneys deal with state trust and firearms issues and we are here to support you with the federal issues and the NFA.
Our NFA trusts contain language which deals with unique provisions of each state’s law. In addition to the Gun Trust documents, we provide you with detailed, plain English instructions showing you how to fund the trust, acquire NFA weapons as a trustee and administer the trust.
WHY DO I NEED AN NFA TRUST?
No Signature Required
In order for an individual to lawfully acquire an NFA weapon, his or her CLEO – police chief or first selectman must sign a form called a “BATFE Form 4.” Many CLEO’s are reluctant, or refuse, to sign the form either for political reasons or concern about potential liability. If your chief refuses to sign, and you do not have an NFA trust, you will not be allowed to purchase any NFA weapons.
A Class 3 license is a license that a dealer obtains to sell Title II Firearms. Many individuals incorrectly confuse the terms Class 3 and Title II. We even see some lawyers making the same mistake. Class 3 SOT is a license to sell. Title II is classification of firearm that a Class 3 SOT may sell.
Title II firearms include silencers, short barrel rifles or shotguns, machine guns, AOWs and destructive devices.
So the answer is no! You do not need a Class 3 license to buy a silencer or other Title II firearm unless you are a dealer and wanting to purchase them for resale. If your documents do not use the correct terms, the people who wrote them may not understand the NFA, ATF and issues relating to the purchase, possession, transfer, and use of Title II firearms.
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