FAQ's

November 12, 2010

How Long Should My ATF Form 4 or Form 1 Approval Take

Generally we are hearing that it is taking 3-5 months from the time you submit your ATF forms for approval. A local gun store Shooters of Jacksonville told me they have two agents assigned because of the number of transfers they do. They stated that this means that ATF Form 4 applications that they sent in are processed faster than at other locations. While I do not know if this is true, I can state, that a recent Form 4 I submitted through Shooters only took 75 days from the date I signed it, until receiving the approved Form 4.

If you want to check on the status of your Form 4 or Form 1, you will need your serial number and to contact ATF.

National Firearms Act Branch,

November 8, 2010

Silencer’s on an airplane and being detained by TSA

by David M. Goldman

Last week, I got an email and spoke to an individual (who was an attorney) who had been incorrectly advised by TSA that it was OK to carry a silencer on a plane. The problem occurred when he tried to follow TSA’s advise. A silencer is defined as a firearm and should not be taken in one’s carry on luggage. Luckily this individual was not charged with a crime and only ended up being inconvenienced and missing his flight.

After contacting the FBI, BATFE, and Dallas police (none of whom had a definitive answer) the Dallas police and DFW police said the suppressor should be turned over to TSA who eventually returned it to the owner.

Others have reported that TSA does not understand that Silencers are firearms and have not allowed them to put them in locked containers as other firearms.

September 26, 2010

Dishonorable Discharge and NFA Firearms

by David M. Goldman

The dishonorable discharge is based on a general court-martial conviction. This means the conviction is a felony, regardless of what the underlying offense may have been. The convicted felon is banned from possessing a firearm including Title II Firearms (a Silencer, SBR, SBS, AOW, or Machine Gun).

A person who is convicted of a crime that is punishable by imprisonment for more than one year ( including a dishonorable discharge) is prohibited from possessing a firearm. Under 18 U.S.C. 922(g), a felon who is found guilty of gun possession may serve up to 10 years in prison.

If you have been convicted of a felony or a dishonorable discharge, be careful of constructive possession. You could be guilty of being in possession of a firearm if your spouse or another family or household member has a firearm that you “could” access.

September 15, 2010

Gun Trust Lawyer®, David Goldman Teaches Florida Lawyers About Firearms Trusts For CLE Credit

by David M. Goldman

On Tuesday September 14th, 2010, David Goldman spoke to the Port Charlotte Estate Planning Council in South West Florida. The discussion covered the following topics.

The Background of the NFA 1) What is the NFA and why should I care?

2) What is a NFA Firearms Trust?

September 12, 2010

Recent ATF Rumor regarding Revocable Gun Trusts- Don’t be fooled by ATF Approval of Invalid Trusts

by David M. Goldman

Recently we have begun hearing that the ATF is no longer requiring a Schedule A and/or an Assignment of Assets with a Trust. While we have not been able to verify this with ATF at this time, we would still suggest sending in these documents with your trust for approval. Remember that just because ATF approves your trust, they are not stating your trust is valid, only that it meets their limited review of criteria. We have seen many cases where the ATF approves trusts that are not valid and subject the individuals to potential criminal charges, confiscation, and fines of up to $250,000 per offense.

There are significant advantages of using an Assignment sheet over a schedule of assets or as some trusts refer to it “a Schedule A”. While most believe that the registration of firearms has been shown to be one of the first steps in the confiscation of firearms by the government, there are many individuals who unknowingly and freely give the ATF a complete list of their firearms by using a Schedule A. An assignment sheet can still transfer assets into a trust, but not create a full list of the assets and become part of the trust document. This additional privacy is an important advantage to using a NFA Gun Trust like we have created. To find out more about Gun Trusts or have your trust reviewed for problems with the NFA contact a Gun Trust Lawyer® by email or call us.

August 16, 2010

Does 922(R) apply to SBR’s?

by David M. Goldman

Over the weekend I received an email from asking if 922R applies to SBR’s, For example converting a MP5 Pistol to an SBR.

Section 922 Paragraph R states:

“It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925(d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to–

August 3, 2010

Is it legal to take my NFA Firearms on an Airplane (Class 3, Title II)?

by David M. Goldman

Yes it is legal in most instances to travel with your NFA firearms (those sold by a class 3 dealer and often referred to as TItle II firearms). You will have the same restrictions as traveling with a normal firearm but also need to comply with the regulations for interstate travel with a NFA firearm. For more information on transporting NFA firearms across state lines see our ATF Form 5320.20 page.

Remember that they need to be legal in your destination state.

July 28, 2010

So what is a NFA Gun Trust and why is ours Different than other “Gun Trusts”?

by David M. Goldman

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 that other types of revocable trusts are designed to protect your assets from the abuse of others and our trust is designed to allow for the abuse (the use) of the firearms. Our NFA firearms trust has be re-written from the ground up to protect your firearms and those who use them or are in possession of them.

In fact, you should not put non-firearms in the NFA trust and if you have a pour over will, you should change the will to direct that any firearms remaining in your estate go to your firearms trust and the remainder of the assets go to your traditional trust.

July 23, 2010

Gun Store Provides Invalid Trust Form; ATF Initially Approves 3 Transfers

by David M. Goldman

A Washington state gun store prepared an invalid trust for their customer and the ATF approved three Form 4 transfers.

Not only is the preparation of a trust by a non-lawyer the unauthorized practice of law, but it also could put you at risk of an invalid transfer, possession, and use charge by the ATF which could subject you to forfeiture of your firearms, a $250,000 penalty, and up to 10 years in jail.

This particular gun store trust did not have a trustee, a successor trustee or a beneficiary and was missing required schedules that were required for validity by the way the trust was drafted.

July 9, 2010

May the barrel on an SBR or SBS be replaced with a long barrel with the intent of replacing the short barrel at a later time?

by David M. Goldman

There have been many discussions on this and it appears that as of July 2010 the answer is:
Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm’s configuration is permanently changed or removed from the purview of the NFA.