I received an email regarding a clarification of the previous version of this blog.

The email I received was to clarify what was happening and stated that there will be discussions with their Commissioners to let them know that they are taking a look at the issue of hunting GAME animals with a suppressor in Florida and plans to bring a draft rule change for the Commission’s consideration at the September Commission meeting.

At that time, the proposal would be to allow the use of suppressors for hunting Game animals. The hunting of Game animals in is permitted in a majority of states and Florida, which usually leads the nation in gun legislation, is clearly in the minority.

On July 19 2014, Chief Counsel Joshua Prince and Attorney Eric Winter of Firearms Industry Consulting Group (FICG), a division of Prince Law Offices, P.C., in conjunction with The Sportsman’s Shop, will offer a four (4) hour seminar on state and federal firearms law at the Welsh Mountain Community Center, 564 Sandmine Road, New Holland PA 17557.

The cost is $10 and you must register by July 12, 2014. You can download a copy of the registration form, here. All registrations are to be mailed or dropped off at The Sportsman’s Shop, 101 West Main Street, New Holland PA 17557. If you have questions, please feel free to contact The Sportsman’s Shop at 717-354-4311 .

We work with lawyers in Alaska who accept most legal benefit plans offered to many state employees in Alaska. Many of these plans pay for trust work which would include the creation of a NFA Trust, Gun Trust, or Multi Generational Gun Trust. Some of these legal plans have a maximum amount of coverage. Each legal plan is structured differently and the use of the legal plan can significantly reduce the cost of a Gun Trust in Alaska. If you live in Alaska, work for the government, and participate in a legal benefit plan, let us know and we can put you in touch with an Alaska Gun Trust Lawyer® who may be able to provide a free or discounted Alaska Gun Trust to you or your family.

 

Note both Revocable and Irrevocable Gun Trusts must be registered with the state of Alaska or the ATF will reject a Form 4 or Form 1.

To answer this question you must look a the Florida Statutes and Florida Administrative code. While Florida Law does not specifically grant the right to use a suppressor while hunting in certain conditions, you must remember that laws do not grant rights they restrict them so by interpreting what rights you do not have, you can determine what is left.

In Florida there are four classifications of land:

  1. Wildlife Management Areas;

Yesterday, the Governor of Louisiana signed House Bill 186 into law. This law will legalize the use of suppressors while hunting for all game and non-game animals in the state of Louisiana. The law is effective August 1, 2014. The current trend in the United States is to legalize the use of suppressors while hunting. Over 30 states now permit the use of a suppressors while hunting either game or non-game animals. This year, three states, including Georgia and Alabama have legalized hunting with suppressors and give hunters the ability to protect their hearing.

The ASA reports that a similar measure is in progress in Ohio. Louisiana statute even allows for the use of suppressors while hunting non-game animals.

Under the National Firearms Act, an individual, trust, or business entity may purchase a suppressor. A Gun Trust is designed to allow for multiple people to be in possession of the suppressor which is not allowed with an individual purchase. In addition, a purchase by a Gun Trust can speed up the process by removing the necessity to obtain a CLEO sign-off and when the ATF brings back electronic filing, a Trust application for a Form 4 purchase from an FFL can be filed electronically which can reduce the time for approval.

Late in 2013, the ATF published a notice that they intended to seek to revise the regulations regarding the documentation that is required for a Gun Trust and for a business. After the ATF received more than 9500 comments on the proposed changes, the ATF had originally announced that a decision was set to be published in June of this year. As the June date has approached, we have reported that it was unlikely that the ATF would actually be able to review and respond to the comments by the June date and that the ATF was not likely to be able to respond until 2015.

In the latest publication of the Semi-Annual Regulatory Agenda, ATF updated the date of the projected date to show that ATF does not expect to publish a final rule until 2015.

DOJ/ATF RIN: 1140-AA43 Publication ID: Spring 2014

Recently, I had an electronic version of a Form 1 approved by the ATF for my Gun Trust and wanted to clarify what is required for engraving.

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;

Based on the ATF letter requiring NICS checks for Trusts, the ATF may have accidentally opened the registry for new Machine Guns when registered in the name of a trust which is not a person under the GCA.

The Prince Law Blog quotes the same letter I wrote about a few days ago where the ATF determined that “Unlike individuals, corporations, partnerships, and associations; unincorporated trusts do not fall within the definition of “person” in the GCA.” And therefore, as a result,

Because unincorporated trusts are not “persons” under the GCA, a Federal firearms licensee (FFL) cannot transfer firearms to them without complying with the GCA. Thus, when an FFL transfers an NFA firearm to a trustee or other person acting on behalf of a trust, the transfer is made to this person as an individual (i.e., not as a trust). As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. The individual must also be a resident of the same State as the FFL when receiving the firearm.

One of the most common questions Class 3 SOT Dealers ask has finally been addressed by the ATF and should help clear the inconsistent answers given by local ATF offices.

Is a NICS check required when a Gun Trust is used to purchase firearms that are subject to the NFA?

Short Answer: Yes.

On Friday May 3rd, Alabama voted unanimously to repeal the prohibition of the possession and use of suppressors or silencers while hunting for all game and non-game animals. As of Friday, May 3rd, 2014, it became legal to possess and use a suppressor while hunting.

The majority of states now allow hunting with a suppressor. Alabama will be the 32nd and on July 1st Georgia will become the 33nd.

It shall be unlawful to possess fully automatic firearms or silenced firearms while hunting any species of wildlife.

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