There are several articles on AR15.com that discuss trusts for Title II firearms. While much of the information is correct, there are a few problems with the articles and what is stated does not apply in all states. You should have your trust verified by a lawyer for compliance with…
There seems to much confusion between various terms dealing with the National Firearms Act. There are Title 1 weapons and Title II weapons. Title II weapons are those covered by the NFA and which transfer ownership and possession must be approved the the ATF (Alcohol Tobacco Firearms) or more accurately the BATFE (Bureau of Alcohol Tobacco Firearms and Explosives). Often…
NFA and International Travel Recently we had a client ask if it was permissible to travel into international waters with Title II firearms or those restricted by the NFA. The ATF responded that it was not permissible. Although we see no indication in the NFA that this is a restricted…
What if you want to travel to several states on a trip and bring a firearm which is restricted by the NFA? When traveling across state lines, it is important to get pre-approval to bring Title II weapons with you. Each location would require a separate Form 20 approval. The…
Many of my clients are converting their quicken trusts to NFA trusts to deal with the problems in owning, transferring, and possessing Title II firearms in a trust that was created from a form, dealer, quicken, legal zoom or other generic form. Last week I got a review copy of…
Many people ask what is a NFA Trust and how is it different from a living trust or revocable living trust. A NFA trust is a trust document that has been customized to deal with the specific legal issues surrounding the transfer, possession, and use of firearms that are restricted…
An individual may submit ATF Form 5320.20, to temporarily or permanently transport his firearm in interstate commerce. The ATF will approve this form for up to one year as long as the individual is going back and forth to the same location. In that way the individual does not have…
In the rare event that you change states between the time you send in your form 4 transfer tax and the time it is approved you must void the original transfer and make a new application from the state you moved to. If it is purchase by an individual, you…
If you want to purchase a Class 3 firearm from an estate a class 3 dealer must be used as a transfer agent if the items will be crossing state lines. If the executor, item, and the purchaser are in the same state there is no reason to use a…
Just like with transfers to individuals, a trustee of a NFA firearms Trust can not be a prohibited person. It is important that if all trustees certify that they are not prohibited if a trust contains class 3 firearms. If a trustee becomes a prohibited person they must resign and…