NFA Gun Trust Lawyer Blog

March 27, 2023

ATF Final Rule on Stabilizing Braces and your Gun Trust

On Monday, January 31, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

This rule subjects almost all firearms with a stabilizing brace to the registration and taxation requirements of the National Firearms Act.

There is currently litigation over this rule, but that litigation will take time to sort out. For our clients who wish to comply with the registration process, we have put together this information to help you.

The rule was first posted on January 13 and ATF has attempted to clarify several issues, which include:

1) Braces that are removed from firearms do not necessarily have to be destroyed or altered in a way that prevents them from being reattached. This is because under United States v. Thompson/Center Arms Co. if the part can be assembled into multiple lawful configurations, it is not unlawful to possess. If you own a 16 inch AR pistol, it could be assembled into a lawful pistol.

2) Imported pistols with stabilizing braces were not initially permitted because of violating 18 U.S.C. § 922(r). But ATF updated their FAQ page to state that while the assembly would violate the rule, they will permit those with imported pistols the same options as anyone else under the fule rule without further modification.

February 23, 2018

Should I put AR-15 style and other firearms in my Gun Trust

by David M. Goldman

A Gun Trust should be designed to hold all firearms including those restricted by the NFA including your AR-15s. All of our Gun Trusts are designed for all of your firearms. As an owner of many types of guns, I designed this trust to deal with issues from a revolver, to a Glock pistol, AR-15s, and even NFA firearms like silencers and machine guns.

Most people do not realize that many of the same issues regarding transfer upon death or incapacity exist for regular firearms and NFA firearms sold by Class 3 SOT dealers. This is why I would suggest putting all of your Guns in one of our Gun Trusts.

Recently, there has been much discussion regarding the banning of AR-15 style firearms. If your firearms are in a trust, the trust can later be amended to be a multi-generational trust which can insulate the firearms from future transfers. Our multi generational Gun Trust provides asset protection at each generation and prevents transfers. The beneficiaries do not receive the firearms by transfer upon your death but become the next managers of the trust. The Professional Gun Trust remains the owner generation after generation.

September 6, 2017

Evacuation with NFA firearms and Form 20 Approval

by David M. Goldman

Over the past several weeks I have received several inquires regarding evacuation with Machine Guns or other NFA firearms. While I always recommend obtaining Form 20 approvals for all NFA firearms in advance for each state you may travel to in the next year, sometimes this does not happen or could not happen because of timing.

I have good news for those of you who did not obtain Form 20’s in advance and are evacuating because of a named storm, in this case IRMA.

I just got off the phone with ATF who told me to prepare a Form 20 email it to NFAFAX@aft.gov Attn Chuck RE Hurricane IRMA and they will get it and process it ASAP and that while you may not get it back before you evacuate all that is required it to submit it before you evacuate. This only applies to those who are evacuating. for instructions on preparing a form 20 see https://www.GunTrustLawyer.com/form20.html

August 30, 2016

Iowa (IA) What NFA Firearms can I own? Updated 3/31/16

by David M. Goldman

Iowa NFA Class 3 firearms
There are several type of Title II firearms which are sold by FFL dealers with a Class 3 SOT license. These items are restricted by the National Firearms Act as well as Iowa state law.

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

In Iowa you can use a Gun Trust or NFA Trust to own the following items that are regulated the the National Firearms Act – (See the limitations below for NFA firearms except suppressors)

Suppressors / Silencers (legal for civilian and individual ownership including Gun Trusts on 3/31/2016)
Machine Guns*
Other Weapon (AOW)*
Destructive Devices (DD)*
Short Barreled Shotguns (SBS)*
Short Barreled Rifles (SBR)*

August 29, 2016

Maryland Man Arrested for Fuel Filter Silencer

by David M. Goldman

In Maryland, a U.S. District Judge sentenced Ronnie Candelario to 41 months in prison for pleadings guilty to the possession of an unregistered fuel filter silencer. Following his release from prison, the Court sentenced Candelario to three years of supervised release.

Many readers might be wondering what exactly a fuel filter silencer is, I have included a video that shows how it works. By now many have heard or read about the different types of “do it yourself” suppressors. Gun owners have learned ways to make oil filter and flashlights suppress firearm noise. The latest trend is to use fuel filters now. One company has sold these products on Amazon, and the company even sells the filters as AR-15 suppressors.
Continue reading

August 23, 2016

ATF Arrests man For Selling Muzzle Brakes on Ebay

by David M. Goldman

We often get questions regarding muzzle brakes and some of the kit suppressors that can be found on eBay and Facebook. Our advice is to buy a real suppressor and not fool around with these “kits”.

When ATF arrests individuals for selling these items, they often obtain the shipping and sales records for the transactions. ATF often contacts the individuals who purchased the “illegal items” in an attempt to remove them from the market. If you have purchased one of these items, it is best to return it and obtain a shipping confirmation for the return that you can show ATF, if they knock on your door.

If you would like to read about one of the recent arrests by ATF follow this link

August 9, 2016

Indiana (IN) What NFA Firearms can I own? Updated July 2015

by David M. Goldman

Indiana NFA Class 3 firearms
There are several type of Title II firearms that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of Title II firearms by a class 3 SOT in addition to the compliance that is required with the national Firearms Act.

In Indiana you can own the following items that are regulated the the National Firearms Act

July 15, 2016

Gun Trusts post 41F ATF instructions and CLEO instructions

by David M. Goldman

We have updated the forms on the website and instructions for completing a

Form 1 see https://www.GunTrustLawyer.com/form1
Form 4 see https://www.GunTrustLawyer.com/form4
Form 5 see https://www.GunTrustLawyer.com/form5
Form 23 see https://www.GunTrustLawyer.com/form23

These are the forms to use after July 12th, Form 1, Form 4, Form 5, Form 23

ALL APPLICATIONS POSTMARKED AFTER JULY 12, 2016 MUST BE MAILED TO THE ADDRESS BELOW:

Mailing Address

NFA Branch
P.O. Box 530298
Atlanta, GA 30353-0298

Since the forms change from time to time, we recommend that you download the latest samples of the documents and explanations of what information is required and how to complete a Form 4 or Form 1. These documents are kept up to date and can be found on the NFA Gun Trust Lawyer website at: https://www.guntrustlawyer.com/form4.

Since 41F has been implemented, there are documents that must be sent to the CLEO as well as documents to be sent to the ATF. While there is no CLEO certification anymore, the CLEO does receive a notice that a purchase is being made.

Below are some updated instructions to use with our trusts or those trusts that contain the Gun Trust Lawyer ® trademark

The Following Documents are sent to your CLEO:

July 12, 2016

eForms Down on eve of 41F

by David M. Goldman

Looks like eForms is down so no new submissions electronically before the implementation of 41F.

July 8, 2016

ATF FAQ on 41F

by David M. Goldman

How Does Final Rule 41F Change Current NFA Regulations?

The final rule affects the NFA regulations by:

• defining the term “responsible person,” as used in reference to a trust, partnership, association, company, or corporation;
• requiring responsible persons of such trusts or legal entities to complete ATF form 5320.23, National Firearms Act Responsible Person Questionnaire and to submit photographs and fingerprints when the trust or legal entity files an application to make an NFA firearm or is listed as the transferee on an application to transfer an NFA firearm;
• requiring that a copy of all applications to make or transfer a firearm, and the specified form for responsible persons (5320.23), be forwarded to the chief law enforcement officer (CLEO) of the locality in which the applicant/transferee or responsible person resides; and
• eliminating the requirement for certification signed by the CLEO.
• In addition, the final rule adds a new section to ATF’s regulations to address the possession and transfer of firearms registered to a decedent.

Who is a Responsible Person?

In the case of an unlicensed entity, including any trust, partnership, association, company (including any Limited Liability Company (LLC)), or corporation, any individual who possesses, directly or indirectly, the power or authority to direct the management and polices of the trust or entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.

In the case of a TRUST, those persons with the power or authority to direct the management and policies of the trust include any person who has the capability to exercise such power and possesses, directly or indirectly, the power or authority under any trust instrument, or under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust.

Examples of who may be considered a responsible person of a trust or legal entity include: