One of the most common questions I get pertains to the use of regular or other so called gun trusts for the purchase of items restricted by the NFA. The are many differences between a family, limited, or standard revocable trust and our NFA Firearms Trust. The biggest difference is…
While its legal to give someone a form for a trust or will to fill out, its illegal for a non-lawyer to help them complete the form or fill it out for them. Gerry Beyer of the WIlls, Trust & Estate Prof Blog brought my attention to this issue. Many…
The ATF has recently made a decision to review Trusts for legal sufficiency. While this may slow things down for those using generic trust for NFA purchases (Quicken, Legal Zoom, Gun Store Trusts) I think its a good idea and will protect many from unknowingly violating the NFA. We have…
NOTE The 5330.20 has been integrated into the Form 4 and Form 1 as of July 12, 2016 so this is no longer necessary. While ATF has previously stated that a certification of compliance is not necessary for trusts, they have now changed their mind or at lease in some…
WHAT IS AN NFA FIREARMS TRUST NFA Firearms (also called Title II Firearms) are guns and other items regulated by the National Firearms Act (the “NFA”). Many people mistakenly refer to them as “Class 3” firearms or weapons. The NFA regulates the sale, use, possession, and transfer of machine guns,…
WHY DO I NEED AN NFA FIREARMS TRUST? No CLEO Signature Required The ATF requires that all individuals obtain approval from their Chief Law Enforcement Officer (the “CLEO”) as part of the application process to obtain a Title II firearm from another individual or Class 3 dealer. Many CLEOs around…
NFA firearms and Constructive Possession. Some said it would never happen, but it seem that just recently Jesus Amador was arrested for possession / Constructive possession of an SBR. Florida law does not allow individuals to possess the pieces to readily build an SBR, SBS, or Machine Gun unless permitted…
While many dealers provide Trusts and help clients fill our Trust Documents ( a violation of law in most states), this was the first time I had run across a Manufacture of Title II firearms who was providing trusts to clients. This Trust was not being completed by the Class…
I was contacted by the firearms dealer offering the Free downloads of the NFA trust and they have removed the links on their website. Since being contacted, by this dealer I have had reports of other dealers in Florida, Texas, Arizona, Utah, Nevada, and South Carolina who are offering Free…
When filling out a Form 1 for the first time with your NFA trust it can be confusing. With an ATF Form 4, there is typically a dealer involved or someone who has done it before so there are not as many questions. I have created a page on How…