FAQ's

April 6, 2014

ATF Says it is OK to fire SB-15 Pistol from the Shoulder

In a response to a recent letter the the ATF, the ATF stated:

FTB has previously determined (see FTB #99146) that the firing of a weapon from a particular position, such as placing the receiver extension of an AR-15 type pistol on the user’s shoulder, does not change the classification of a weapon. Further, certain firearm accessories such as the SIG stability brace have not been classified by the FTB as shoulder stocks and, therefore, using the brace improperly does not constitute a design change. Using an accessory improperly would not change the classification of a weapon under Federal law. However, the FTB cannot recommend using a weapon (or weapon accessory) in a manner not intended by the manufacturer.

The Letter that Sig sends with the SB-15 states that it is ok to use the brace as intended and does not create a firearm subject to the NFA. Previously this left many concerned that if someone was to use the brace not as intended an SBR would be created. This letter from the ATF clears up the issue and states that just because an accessory was not used as intended, the firearms is not reclassified by ATF.

If you would like a copy of the letter from the ATF for your records it can be downloaded.

March 10, 2014

Straw Purchases and Gun Trusts

by David M. Goldman

In the last 3 weeks we have received more calls about arrests or seizures involving the ATF and straw purchases than in the previous 7 years. (NOTE: none of these calls were from people using our gun trusts) We felt it important for individuals and those involved with Gun Trusts to understand the concept and how to make sure they are not involved in a straw purchase.

If you are in Florida and have been arrested for a straw purchase or have had firearms seized regarding a straw purchase, contact an attorney who is familiar with straw purchases and firearms. If you are in another state you should look for someone who deals with criminal law and is familiar with firearms. This type of representation can be a very expensive as it is typically a federal charge and most criminal lawyers do not practice in the federal courts.

A straw purchase is any purchase wherein an agent agrees to acquire a good or service for someone who is able or unable or unwilling to purchase the good or service himself, and the agent transfers the goods/services to that person after purchasing them.

February 13, 2014

ATF Forms Processing Time

by David M. Goldman

Today the ATF released new processing times based upon December 2013. The are now reporting the the average times for processing an ATF Form 1 to make and register a firearms is 9 months and the average time on an ATF Form 4 to transfer and register a NFA firearm in 9 months. We have seen significantly reduced times when applying electronically. Below are the times for each type of transfer and or application as reported by the ATF. It is interesting to see that they are taking 3 months to approve / process a transfer on a Form 3 and 2 months on a form 2. That means, it is taking ATF 2 months to approve the manufacture and 3 months to approve the transfer to a dealer. More than 5 months are required just to make and send a suppressor to your dealer so that you can wait an additional 9 months to take it home. The ATF will update this information every 90 days so we can see the trend.

As more people file electronically, we could start to experience longer wait times but for now we are hearing that many electronic Form 4s and Form 1s are taking between 3-6 months instead of 9-12 months for the traditional forms.
ATF times1.jpg

February 9, 2014

I think I want a Gun Trust for Title II firearms only.

by David M. Goldman

While many people think they only want a Gun Trust to purchase NFA firearms, there are many reasons you should consider putting all of your firearms in a properly drafted Gun Trust.

Just this week, I wrote that NOLO had reported that you should not use their software to create a Gun Trust. This is something that we have been talking about for over 5 years and it was nice to see them realize the problems that could be created by the use of a traditional revocable trust.

A Gun Trust should be designed to hold all firearms including those restricted by the NFA. All of our Gun Trusts are designed for all of your firearms including Title II firearms (those regulated by the NFA).

January 11, 2014

Can I form a Gun Trust if I am 18, 19, or 20?

by David M. Goldman

We often get questions from people who are 18 and want to know if they can form a Gun Trust?

The good news is that you can form a gun trust at the age of 18 with a Gun Trust Lawyer®. If you are going to purchase NFA firearms or pistols, you must be at least 21 years to purchase from a dealer. If you purchase NFA firearm from an individual you only need to be 18.

You only need to be 18 to be in possession of a NFA Firearm and other trustees who are on your trust who are over the age of 21 may purchase NFA firearms on behalf of the trust.

December 23, 2013

Do I need a Gun Trust to buy a Suppressor, if I already have a revocable trust?

by David M. Goldman

We often get questions from people about using a regular trust or existing trust that they already have to purchase a suppressor. First a trust or Gun Trust is not required to purchase a suppressor. A suppressor is a Title II firearm, that is sold by a Class III FFL. It can be purchased by an individual, trust, or business entity. Currently, an individuals must obtain a CLEO signature as well as provide fingerprints with the application to purchase a suppressor. Any purchase from an individual, trust, Gun Trust, or business entity must pay a $200 tax stamp and complete an ATF Form 4.

That being said, a Trust or Gun Trust has many other benefits besides the CLEO and fingerprint submission.

A Gun Trust may submit an application electronically and between 2-6 months in processing.
The ability to tell your representatives how to properly transfer these firearms upon your death.
The ability to transfer assets to children, even below the age of 18, when they reach an appropriate age while giving the someone the ability to make distribution decisions based on mental state, physical location, legality of the transfer, and age.
The ability for the Trustee to refuse assets transferred by will or other means if NFA and state requirements are not complied with.
Requirement to comply with NFA and State laws for transfer of NFA related assets.
The ability to make uneven distributions to heirs to conserve value of assets.
The ability to purchase Title II firearms, without creating a violation of the duties of the trustee.
The ability to use the firearms in the trust without creating liability to the beneficiaries.
The instructions and formalities on how to: manufacture items under a Form 1, how to purchase items correctly under a Form 4, how to properly document and transport Title II firearms with a Form 20.
Protection for yourself and your family from Constructive Possession – a violation of the NFA.
The ability to add others to your trust at a later time and create additional authorized users of the firearms.

Some Gun Trusts can even be designed to include:

October 18, 2013

Gun Trust Lawyer®, David Goldman Comments to ATF 41P

by David M. Goldman

While many people will be waiting to the last-minute to file their comments to 41P, we felt that it was important to file something sooner to provide our clients and readers some guidance on preparing comments. We have created a webpage which contains our comments, exhibits, as well as a copy of 41P as published in the registry. As the comments and exhibits are over 140 pages we have included an index to the comments to help you find the information in which you have the most interest.

While we are very familiar with the NFA and ATF, administrative rule making is not something that we deal with. It is for this reason and to make sure we preserve the right to appeal any outcome that we have hired Tom Odom at the Firearms Industry Consulting Group. They are one of the finest lawyers that we work with around the country. If you are looking to have a professionally written response tailored to your involvement or objectives, I would highly recommend contacting us or them and we would be happy to help with the process.

With the exception of the ATF’s proposal to add new section 479.90 with respect to decedents’ estates, David M. Goldman opposes the remainder of the proposed rule making for the reasons set forth below and in the Exhibits to these Comments incorporated herein by reference.

October 17, 2013

What States are Silencers Legal in?

by David M. Goldman

We are often asked are silencers legal in my state? While you can look at which NFA firearms are legal in each state by selecting it in the pull down menu on the right, we have put together this list to make it easy for you to know if they are legal in your state.

Silencers are legal in

AL, AK, AZ, AR, CO, CT, FL, GA, IA (as of 3/31/16), ID, IN, KS, KY, LA, ME, MD, MI, MS, MO, MT, NE, NV, NH, NM, NC, ND, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, AND WY

October 3, 2013

How to Fill Out an ATF Form 5 (5320.5) for Tax Free Transfers

by David M. Goldman

We just posted a page https://www.guntrustlawyer.com/form5.html on completing an ATF Form 5 (5320.5). Remember a Form 5 is used for a tax-free transfer to a lawful heir. If you own NFA firearms individually, you can give your lawful heir the choice of taking the item individually, in trust, or as permitted by the ATF under the NFA and creating properly drafted documents can help make this process unnecessary or easier than using the default methods found in most wills and estate planning documents that are not drafted to consider firearms.

Additionally you can avoid this entire process with a multi generational asset protection gun trust. We have Gun Trusts that can be setup to last form generation to generation without future transfers or the tax stamp fees.

We also have pages on How to complete an ATF Form 1 (5320.1)

August 29, 2013

Whitehouse.gov posts inaccurate fact sheet on Trusts

by David M. Goldman

Below is what was posted on the whitehouse.gov website. It is clear that the whoever wrote this does not understand the law and you will notice a lot of anti firearms language and an anti gun rights slant to the message.

Closing a Loophole to Keep Some of the Most Dangerous Guns Out of the Wrong Hands

Current law places special restrictions on many of the most dangerous weapons, such as machine guns and short-barreled shotguns. These weapons must be registered, and in order to lawfully possess them, a prospective buyer must undergo a fingerprint-based background check.