If a NFA Trust or Gun Trust is not funded, it does not exist. It’s important to have a trust funded for it to exist. This is one of the reasons ATF requires an Schedule A or Assignment Sheet. This shows that there are assets in the trust. Many Trusts are rejected by ATF as invalid because of their appearance of being invalid by not having any assets. Many states do not have a requirement to include a list of assets with the trust or even proof that it has been funded but ATF has a checklist and will not approve a transfer to a trust without including a Schedule A or Assignment to the trust. If you trust was rejected by ATF and would like to know why, we and our network of over 100 lawyers can help you determine what needs to be done to your trust and if there are problems with the design of your trust in regards to NFA firearms.
Knob Creek Machine Gun Shoot
For those of you who couldn’t make it. Knob Creek is a machine gun shoot that should not be missed. Here is one of the video’s I took with my camera.
And another short video
ATF Just Rejected My Dealer Prepared Quicken Trust and they Don’t Know Why.
Lately we are seeing many people whose Trusts are being rejected by ATF. It appears that ATF has finally decided to try to determine if trusts are valid before allowing people to use a Form 1 or Form 4 transfer.
The bad news is many individuals are finding out that Quicken is not up to date in some states like Florida, and that copies of Quicken or trusts created by others may not be valid under current laws or the laws of other states.
There is a dealer is Jacksonville, who has been preparing invalid trusts for their clients. Not only is this the unauthorized practice of law, a crime in Florida and other states, but they do not understand the importance of understanding the individuals circumstances when preparing a trust. Quicken in general is a really bad tool to use in Florida because it does not comply with many of the 2007 Trust Code Revisions (Yes revisions that were made public more than 4 years ago). For more information on this you might read Using Quicken to Prepare a Trust: The Good, the Bad, and the Ugly.
Knob Creek Machine Gun Shoot is Next Weekend April 9-11 2010
Next weekend is the Bi-Annual Machine Gun Shoot at the Knob Creek Gun Range. Over 15,000 people and 800 vendors are expected to attend. If you are planning on attending let me know and perhaps we could meet at the show. Here is a link for some general information and here is the 2010 Machine Gun Shoot Schedule
Knob Creek Gun Range
690 Ritchey Lane
LegalZoom Sued for Unauthorized Practice of Law
While its legal to give someone a form for a trust or will to fill out, its illegal for a non-lawyer to help them complete the form or fill it out for them. Gerry Beyer of the WIlls, Trust & Estate Prof Blog brought my attention to this issue. Many software manufactures, firearms manufactures, gun stores, and individuals do not understand that the act of helping someone create legal documents without a license to practice law is the Unauthorized Practice of Law (UPL) and a crime in every state. The reason these actions are prohibited by state law is that individuals without the proper legal knowledge and background tend to give wrong, inaccurate, and misleading advise to others who can be harmed by the misinformation.
Take for example the Silencer manufacture in the Midwest, who use to post a free trust for their clients. While a lawyer could have taken that trust and completed it correctly, it was missing some very important language which made the trust invalid in almost every state. The ATF was approving these trusts for a while, but as these individuals have been going back to make new purchases, they are being told that their trust is not valid.
Likewise, there are many examples of Quicken trusts that are posted on the INTERNET. Besides being inappropriate for NFA firearms, which a non-lawyer would not understand, many are not valid in other states. We have seen many people trying to use an Arizona trust in Florida. The problem is Florida has different requirements for a valid trust than Arizona and while if the trust was created in Arizona it might be valid, if it is created in Florida it will not comply with the Florida Trust Code. We see these issues all over the country and this is why we work with more than 100 lawyers in over 40 states to help individuals and their families prepare valid trusts that deal with the unique issues of NFA firearms ownership, transfer, possession, and use.
BATFE Engraving Requirements for Short-Barreled Rifle or Shotgun (SBS/SBR)
Publication
ATF 5300.4 in 27 CFR 479.102 (page 92) describes what is necessary to engrave on a SBR or SBS when one is manufacturing. This is not necessary if you purchase one that is already manufactured as it will have been done for you.
1) On the Frame or Receiver the Serial number;
How to deal with NFA and Non NFA Firearms in a Will
Recently I was asked by one of the attorneys I work with about provisions for a will to deal with the NFA firearms that an individual owns outside of their trust. I wrote something on this topic which can be found on my Florida Estate Planning Lawyer Blog in an article How to deal with NFA and Non NFA Firearms in a Will
Gun Trust Lawyer® sponsors 13th Annual National Firearms Law Seminar
The NRA foundation is having the 13th Annual National Firearms Law Seminar in Charlotte NC Friday may 14, 2010.
The Topics to be covered are
- McDonald v. Chicago: From Heller to Chicagoland: Incorporation of the 2nd Amendment
McDonald v. Chicago Oral Arguments heard by Supreme Court Today
Some are calling McDonald v. Chicago – Heller for the rest of us.
A few minutes ago, at 10 AM EST the Supreme Court of the United States began hearing the oral arguments in McDonald v. Chicago, a major Second Amendment case that is expected to determine if states and cities must comply with the Second Amendment of the US Constitution.
Is it possible to change my Trust document to take advantage of the NFA Firearms Trust Provisions
We are often approached by individuals who have formed trusts and want to know if they can upgrade the language in their trust to take advantage of the provisions in our NFA Firearms trust.
This can be done by amending and restating your existing trust and is a simple process. The process involves a review or your trust as well as an interview to determine what you are trying to accomplish, your family situation, and ways to reduce future taxes as well as legislative changes involved with the transfer of NFA firearms in the future. Once a plan is made, we simply amend your trust to our new trust and the changes become effective upon execution of the new documents.
If you have pending transfers it is possible to contact ATF and let them replace the document in your application and when it is approved it will be under the new trust document. The lawyers we work with do not charge any extra for this process if the review is done at the time when the new trust is ordered. If you just would like your trust reviewed, the typical cost is $150. If you later decide to upgrade your trust, $100 of the fee is waived, but if you determine you want to upgrade your trust from the beginning there is no additional fee over the cost of the trust.