sig_arm_brace_sb15.jpgIn a response to a recent letter the the ATF, the ATF stated:

FTB has previously determined (see FTB #99146) that the firing of a weapon from a particular position, such as placing the receiver extension of an AR-15 type pistol on the user’s shoulder, does not change the classification of a weapon. Further, certain firearm accessories such as the SIG stability brace have not been classified by the FTB as shoulder stocks and, therefore, using the brace improperly does not constitute a design change. Using an accessory improperly would not change the classification of a weapon under Federal law. However, the FTB cannot recommend using a weapon (or weapon accessory) in a manner not intended by the manufacturer.

The Letter that Sig sends with the SB-15 states that it is ok to use the brace as intended and does not create a firearm subject to the NFA. Previously this left many concerned that if someone was to use the brace not as intended an SBR would be created. This letter from the ATF clears up the issue and states that just because an accessory was not used as intended, the firearms is not reclassified by ATF.

If you would like a copy of the letter from the ATF for your records it can be downloaded.

Michigan NFA Class 3 firearms

There are several type of Title II firearms which are sold by Class 3 SOT dealers that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of Title II firearms in addition to the compliance that is required with the National Firearms Act.

In Michigan you can own the following Title II Firearms that are regulated the the National Firearms Act:

Machine Guns
Suppressors
Any Other Weapon (AOW) (only some)
Destructive Devices (DD)
Short Barreled Shotguns (SBS)  (See Below but Legal as of 3/28/14)
Short Barreled Rifles (SBR)  (See Below but Legal as of 3/28/14)

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 class 3 items or the individual has a CCW permit

The Michigan State Police put together a legal update on SBR and SBS which describes the differences between those over 26 inches and those under 26 inches.
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In the last 3 weeks we have received more calls about arrests or seizures involving the ATF and straw purchases than in the previous 7 years. (NOTE: none of these calls were from people using our gun trusts) We felt it important for individuals and those involved with Gun Trusts to understand the concept and how to make sure they are not involved in a straw purchase.

If you are in Florida and have been arrested for a straw purchase or have had firearms seized regarding a straw purchase, contact an attorney who is familiar with straw purchases and firearms. If you are in another state you should look for someone who deals with criminal law and is familiar with firearms. This type of representation can be a very expensive as it is typically a federal charge and most criminal lawyers do not practice in the federal courts.

A straw purchase is any purchase wherein an agent agrees to acquire a good or service for someone who is able or unable or unwilling to purchase the good or service himself, and the agent transfers the goods/services to that person after purchasing them.

There are several states which are working on changes to firearms laws at the current time.

Alabama is in the process of legalizing hunting with suppressors Georgia is in the process of legalizing hunting with suppressors Iowa is in the process of legalizing suppressors Washington State has both a house bill and senate bill legalizing the use of Short Barrel Riffles.

These new legislative initiatives should greatly increase the sales of suppressors and SBRs in the above states. If you are looking for a Gun Trust to create purchase, manage, and own NFA firearms contact us to find out more about a Gun Trust Lawyer® in your area and the benefits to using a real gun trust.

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.

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