NFA Gun Trust Lawyer BlogWhen 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 to fill out a Form 1 with a link to a 5320.1 Form 1 that you can download and a sample that is filled out that can be used as a guide. The page also includes instructions on what information should be contained in your Form 1.
Articles Posted in Short-Barreled Rifles (SBRs)
Arkansas (AR) What NFA Firearms can I own?
There are several type of Class 3 items that are restricted by the National Firearms Act.
Each state can impose additional restrictions on the sale, purchase,
and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.
Pennsylvania Gun Trust Lawyer®s
We have associations with lawyers and attorneys in Pennsylvania. These Pennsylvania Gun Trust Lawyer®s can provide NFA gun Trusts for the entire state of Pennsylvania. A NFA Gun Trust can help protect individuals and their families from the criminal and civil penalties associated with the improper transfer or possession of a class 3 firearm regulated under the National Firearms Act. In addition, the process of purchasing a silencer, SBR, or machine gun can be significantly reduced in the amount of time required and paperwork that is required.
They have offices in
- Allentown Pennsylvania;
- Bechtelsville Pennsylvania;
- Camp Hill Pennsylvania;
- Exton Pennsylvania;
- Pottstown Pennsylvania;
- Lancaster Pennsylvania;
- Lebanon Pennsylvania;
- North Wales Pennsylvania;
- Pottstown Pennsylvania; and
- Reading Pennsylvania
If you are located in another area of Pennsylvania they can also provide services by email and telephone in much the same way as if you were in their office.
To contact a Pennsylvania Gun Trust Lawyer® fill our our Contact form.
NFA Trust and Purchase of Class 3 Items
If you live in a city in where the Chief law Enforcement Officer (CLEO) will not or easily sign a Form 4, there are several solutions.
Class 3 Weapons include suppressors, , short barrel rifles, machine guns, and other destructive devices.
The most common solution is to create a NFA revocable trust to hold title to the firearm or class 3 items.
Machine Guns and Medicaid
What happens when Grandpa needs to go to a nursing home but he owns a Class 3 Firearm?
A Machine gun is a valuable asset and as such can create a problem with eligibility for nursing home care. Many veterans were allowed to keep captured machine guns and they want to pass them down to their children or grandchildren. If that grandparent needs nursing home coverage and they are not married, many states will limit their non-exempt assets to $2000.
Today as machine guns continue to increase in value this can cause a problem for qualifying for Medicaid coverage.
One solution is to sell the machine gun and put the cash into an exempt asset or use it before applying for coverage. When the machine gun is wanted to be kept in the family, it is possible to trade it for an exempt asset like a vehicle.
What can happen to someone who has an NFA firearm which is not registered to him?
Violators may be fined up to $250,000, and imprisoned up to 10 years, or both.
In addition, any vessel, vehicle or aircraft used to transport, conceal or possess an unregistered NFA firearm is subject to seizure and forfeiture, as is the weapon itself.
What about my unregistered NFA Firearms?
An individual, business, or NFA Firearms trust may not register an unregistered NFA firearm. Only a manufacture, maker, and importer can register a firearm.
Possession of an unregistered NFA firearms is a crime. The ATF states that if you are in possession of a contraband firearm, you should contact the nearest ATF office to arrange for its disposition.
WARNING – although this is the advise of the AFT, they also state that mere possession is unlawful
Automatic gun transfer nets prison sentence
The Milwaukee Journal Sentinel has an article on an odd application of the NFA and consequences of an improper transfer. This type of result only furthers support that NFA restricted items should be help in a NFA Gun Trust to help avoid invalid transfers.
The US District Judge said that Olofson, knew that the gun fired automatically and gave it to someone else to use on a shooting range. This is a technical violation of the NFA and could have subjected Olofson to 10 years in jail and $250,000 in penalties.
If you want a Silencer, Short barreled Riffle, or Machine gun and want to protect your family and friends from an accidental transfer or a case involving constructive possession, you should Contact Gun Trust Lawyer® to explain the benefits of using a NFA gun Trust.
National Firearms Act Class 3 Information
This blog is dedicated to providing information to help residents of every state understand the current laws and regulations related to the purchase, sale, possession, and transportation of Guns and other weapons regulated by the NFA. In addition, we will attempt to put you in contact with a lawyer in your state who can help in the purchase, manufacture, possession, or transfer of Silencer, Short-Barreled Rifle, Short Barreled Shotgun, Machine Gun, Destructive Device, or Any Other Weapon regulated by the NFA.
If you are a lawyer in and interested in helping clients in your state preserve their rights to purchase class 3 items please contact us.
If you are interested in a NFA Trust to purchase Class 3 items and would like to find someone to help in the preparation of a Gun Trust you should contact a NFA Gun Trust Lawyer®.
Alabama (Al) What NFA Firearms can I own?
There are several type of Class 3 items that are restricted by the National Firearms Act.
Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.
In Alabama you can own the following items that are regulated the the National Firearms Act
Machine Guns Silencers Short Barreled Shotguns (SBS) (After 7/5/10)