As a gun trust attorney it is my duty to keep up with the latest gun laws throughout the country and clients are often surprised how different the laws can vary state to state. I was recently asked by a client if someone with a valid CWL license is allowed…
Articles Posted in FAQ’s
Can I carry a concealed firearm to church?
With the recent church shooting in Charleston, our office has received many questions asking if it is legal to carry a concealed weapon to church with a CWL, or concealed weapons license. Currently, there are no laws in Florida that forbid carrying a concealed weapon inside or on the grounds…
Supreme Court states: Felons Do Not Lose Property Right in Owned Firearms
We have been telling people for years that a properly drafted gun trust can help protect your firearms in the event that you become a prohibited person in the future. Today the Supreme Court came to a Unanimous Decisions supporting our view that a trust can be used to hold…
Can an 18 year old build an SBR, SBS, or other NFA firearm?
We are often asked if you have to be 21 to build an SBR or Suppressor. If you are manufacturing a firearm under the NFA using an ATF Form 5320.1 you only need to be 18 under federal law. Likewise, if you are purchasing a firearm using an ATF Form…
Do I have to submit an executed copy of my Gun Trust with an electronic Form 1
While this may seem obvious, we regularly get asked this question. YES, when using the ATF eFiling for a Fom1, a signed copy of your gun trust must be uploaded. The maximum file size that can be attached is 3MB but you can upload multiple files if necessary. We recommend…
Solvent Traps and Gun Trusts, Making a Suppressor
Many individuals have purchased thread adapters to permit the use of an oil filter as a “solvent trap”. The problem is that this adapter can also be used and is often intended to be used to create a suppressor. The resellers on ebay who sold these adapters have all seemed…
ATF Statements at the NRA Firearms Law Seminar
While at the NRA Firearms Law Seminar in Nashville, ATF ‘s attorney William Ryan made some interesting comments about the ATF, NFA, GCA and Gun Trusts: A trust can be a beneficiary of a will or other trust and obtain a tax free transfer using a Form 5 if the…
Gun Trusts and non U.S. Citizens.
We are often asked about people who are not U.S. Citizens and their ability to be involved with a gun trust, purchase NFA firearms, or use NFA firearms. Those who are not citizens are separated into two categories: 1) resident aliens and 2) nonimmigrant aliens. A resident alien is a…
Can a Gun Trust have an FFL?
We often get asked questions about how and if a Gun Trust or another type of trust can own or obtain an FFL or C&R license. A Trust is not a person under the GCA of 1968 and as such a Trust may not apply for or receive an FFL…
Invalid Gun Trusts
ATF has a history of approving Form 4 transfers to invalid trusts. Today, I received another example of an invalid trust that ATF had already approved a transfer for a suppressor. As more people are learning about gun trust we are seeing more poorly written and in some cases invalid…