silencer_m42000-3.jpgGun Trust Lawyer® has arranged for a dealer to offer a $215 discount on the AAC M4-2000 Suppressor to our clients. If you have any of our trusts that contain the Gun Trust Lawyer® Copyright notices you are eligible to purchase this suppressor at a price that is $215 less than retail.

This is what AAC says about this 556 suppressor. The worlds most effective 5.56mm silencer just got better. AAC’s new M4-2000 Mod 08 features the patent pending fast-attach Ratchet-Mount to provide precision accuracy with minimal and repeatable zero-shift. Users have the ability to install or remove the silencer from the Blackout™ flash hider/muzzle brake, or the BRAKEOUT compensator, in seconds. The compact size and light weight have minimal affect on maneuverability. The M4-2000 Mod 08s extreme durability is maximized by CNC automated fusion welding of every high-temperature aerospace alloy component used in its construction- making 100% suppressed full-auto fire possible on barrels as short as 10 inches. The back-pressure lowering design of the silencer aids in shooter comfort, reduces weapon fouling, and minimizes cyclic rate increase. As a final step, tapered-bore EDM technology is utilized to ensure precise bore alignment resulting in enhanced accuracy and maximum performance. By eliminating approximately 97% of the muzzle report, the M4-2000 Mod 08 preserves the hearing of the shooter and nearby support personnel. Eliminating muzzle flash in the harshest of environments.

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Today the ATF released new processing times based upon December 2013. The are now reporting the the average times for processing an ATF Form 1 to make and register a firearms is 9 months and the average time on an ATF Form 4 to transfer and register a NFA firearm in 9 months. We have seen significantly reduced times when applying electronically. Below are the times for each type of transfer and or application as reported by the ATF. It is interesting to see that they are taking 3 months to approve / process a transfer on a Form 3 and 2 months on a form 2. That means, it is taking ATF 2 months to approve the manufacture and 3 months to approve the transfer to a dealer. More than 5 months are required just to make and send a suppressor to your dealer so that you can wait an additional 9 months to take it home. The ATF will update this information every 90 days so we can see the trend.

As more people file electronically, we could start to experience longer wait times but for now we are hearing that many electronic Form 4s and Form 1s are taking between 3-6 months instead of 9-12 months for the traditional forms.
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While many people think they only want a Gun Trust to purchase NFA firearms, there are many reasons you should consider putting all of your firearms in a properly drafted Gun Trust.

Just this week, I wrote that NOLO had reported that you should not use their software to create a Gun Trust. This is something that we have been talking about for over 5 years and it was nice to see them realize the problems that could be created by the use of a traditional revocable trust.

A Gun Trust should be designed to hold all firearms including those restricted by the NFA. All of our Gun Trusts are designed for all of your firearms including Title II firearms (those regulated by the NFA).

We work with more than 20 lawyers in Texas to provide Gun Trusts to their clients. As of this month Gun Trust Lawyer® David Goldman has been licensed in Texas. Texas is one of the biggest markets for NFA Trusts and Gun Trusts. Because of this we have seen many so called Gun Trusts that are nothing more than revocable trusts with a few gun or NFA terms.

There are many problems in using a traditional Gun Trust in Texas and most states because they tend to instruct your family and friends to do things that may be illegal or cause criminal liability to the others involved with your trust.

Much the same way as Nolo has stated that their product should not be used to create a Gun Trust, a traditional revocable trust should not be used to create a gun trust.

Keeping Your Personal Representative or Executor Out of Jail

If you own firearms, you should reevaluate the trustees, successor trustees and beneficiaries in any estate planning documents. It is important to avoid people who are prohibited people from owning or being in possession of firearms and ammunition.

Many people do not even know that they may be a prohibited person. There is not an easy way to determine if someone named in your documents is a prohibited person or not without asking them a bunch of questions. In addition, certain items you may own may be illegal in some states and even if the person is not prohibited, it may be a crime for them to take these items to a location where they are prohibited.

House File 284 was recently introduced to lift the ban on owning or using a silencer or suppressor. Iowa is one of only eleven (11) states that ban the device for some individuals. The bill sponsor has stated that a suppressor is a usefull tool for preventing hearing damage. Currently the use of a suppressor in Iowa is a Class D felony. Lets hope Iowa changes this law and permits suppressors. If you have an Iowa Gun Trust and the law changes you will be permitted to purchase suppressors within the state. There are still many benefits for an Iowa Gun Trust or gun trust even if you do not own Title II firearms like suppressors. For more information on how a Gun Trust can help you please request our information by filling out the form on this page.

ATF_Logo.jpgUsing an eForm to file your Form 1 or Form 4 can save several months processing time. We have seen that it can reduce the time from 9-12 months to 3-6 months. As we have outlined before, the ATFonline.gov website is not the easiest to use or understand and thus there have been many questions which ATF has attempted to address in this guide.

On January 15, 2015 the ATF released a new version of this Guide

The Topics covered include:

We often get questions from people who are 18 and want to know if they can form a Gun Trust?

The good news is that you can form a gun trust at the age of 18 with a Gun Trust Lawyer®. If you are going to purchase NFA firearms or pistols, you must be at least 21 years to purchase from a dealer. If you purchase NFA firearm from an individual you only need to be 18.

You only need to be 18 to be in possession of a NFA Firearm and other trustees who are on your trust who are over the age of 21 may purchase NFA firearms on behalf of the trust.

We often get questions from people about using a regular trust or existing trust that they already have to purchase a suppressor. First a trust or Gun Trust is not required to purchase a suppressor. A suppressor is a Title II firearm, that is sold by a Class III FFL. It can be purchased by an individual, trust, or business entity. Currently, an individuals must obtain a CLEO signature as well as provide fingerprints with the application to purchase a suppressor. Any purchase from an individual, trust, Gun Trust, or business entity must pay a $200 tax stamp and complete an ATF Form 4.

That being said, a Trust or Gun Trust has many other benefits besides the CLEO and fingerprint submission.

  1. A Gun Trust may submit an application electronically and between 2-6 months in processing.
  2. The ability to tell your representatives how to properly transfer these firearms upon your death.
  3. The ability to transfer assets to children, even below the age of 18, when they reach an appropriate age while giving the someone the ability to make distribution decisions based on mental state, physical location, legality of the transfer, and age.
  4. The ability for the Trustee to refuse assets transferred by will or other means if NFA and state requirements are not complied with.
  5. Requirement to comply with NFA and State laws for transfer of NFA related assets.
  6. The ability to make uneven distributions to heirs to conserve value of assets.
  7. The ability to purchase Title II firearms, without creating a violation of the duties of the trustee.
  8. The ability to use the firearms in the trust without creating liability to the beneficiaries.
  9. The instructions and formalities on how to: manufacture items under a Form 1, how to purchase items correctly under a Form 4, how to properly document and transport Title II firearms with a Form 20.
  10. Protection for yourself and your family from Constructive Possession – a violation of the NFA.
  11. The ability to add others to your trust at a later time and create additional authorized users of the firearms.

Some Gun Trusts can even be designed to include:

While the NRA’s comment is only 17 pages it incorporates many comments and references many including mine. On page one of the NRA’s comment they state

Many Hundreds of comments already published in opposition to 41P exhaustively catalog its various problems and potential for absurd consequences. For example, a comment submitted by David M. Goldman details how 41P is based on an unsophisticated and inaccurate view of the law governing trusts and estate planning.

The NRA’s comment primarily leads with the following 3 issues.

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