NFA Gun Trust Lawyer Blog

August 30, 2013

ATF Publishes intent to enter into rulemakeing for Trusts and Business entities

It looks like an attempt to remove the CLEO certification by the NFATCA which began in 2009 has backfired and now the ATF is wanting a modified CLEO signature, NICS check, fingerprint cards, photograph, certificate of citizenship for every responsible party of a fictitious entity. You can obtain a copy of the proposed rule here

While ATF already has a definition of responsible party for dealers, they are proposing the following for fictitious entities:

Depending on the context, the term “responsible party” includes any individual, including any grantor, trustee, beneficiary, partner, member, officer, director, board member, owner, shareholder, or manager, who possesses, directly or indirectly, the power or authority under any trust instrument, contract, agreement, article, certificate, bylaw, or instrument, or under state law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of the entity.

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.

August 29, 2013

Gun owners with Trusts or Corporations and Obama Administration

by David M. Goldman

Today there has been much news about an action or executive order to help ensure that people who should not be able to own NFA firearms are not permitted to do so using a Trust.

First, our Gun Trusts, have never allowed a prohibited person to legally purchase, or be authorized to use firearms or ammunition. This is one of the significant differences between a real Gun Trust from a Gun Trust Lawyer® like we provide, and other so called gun trusts or regular estate planning Trusts.

If you are a criminal, addicted to drugs, a user of illegal drugs(under federal law including medical marijuana), or prohibited to own firearms under local, state, or federal laws, you cannot use our documents to create a valid trust. In addition, any co-trustee or authorized users who are prohibited cannot be added and any attempt to do so is void.

August 29, 2013

Ohio Gun Trust- Ohio (OH) What NFA Firearms can I own?

by David M. Goldman

Ohio NFA Class 3 firearms
In Ohio a NFA Trust or Gun Trusts can own all types of firearms including those regulated by the NFA.

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 Title II firearms – (Those sold by FFLs with a Class 3 SOT) in addition to the compliance that is required with the National Firearms Act.

August 16, 2013

Gun Trust and Submitting ATF Forms online

by David M. Goldman

Yesterday, I decided to try out the ATFonline.gov Eforms submission. I found the process very easy to do and while a little confusing the first time, it seems rather intuitive. Below are the steps I followed:

Register for an account at ATFonline.gov. The system is very picky and must be used with IE 8 or a recent version of Safari on OS X. Sorry no Firefox, Chrome, or even IE 7.
Log in.
Select the Form 1. Better to use the bar and move it with the mouse, it is very difficult to scroll through the forms. ATF needs to switch this to a drop down menu.
Application – this is where you state whether you are tax exempt or will be paying a tax.
Applicant – Select that you are not a FFL and then complete your information. You should list the Trust name as the Licensee / Permitee Name.
Add line items. You can use one application for multiple items. I choose to only do one SBR. It walked me through the process of selecting the manufacture from a list.
Upload electronic documents. This is where I uploaded my scanned Gun Trust Documents.
Certify that Under Penalties of Perjury, I Declare that I have examined this application, including accompanying documents, and to the best of my knowledge and belief it is true, accurate and complete and the making and possession of the firearm described above would not constitute a violation of Chapter 44, Title 18, U.S.C., Chapter 53, Title 26, U.S.C., or any provisions of State or local law.
Enter credit card payment information
Sign and Submit. By clicking a check box, your application will be submitted.

Within a few minutes I received a confirmation email showing that I had submitted my application and it was Pending Research because the manufacture I had selected was not listed in their database. This morning I received a new update saying that my status was changed to Submitted/In Process. I will keep updating this blog as I receive more information but it already feels faster than the paper system.

August 15, 2013

An Introduction to Gun Trusts CLE September 11, 2013

by David M. Goldman

NFA GUN TRUST CLE

I have been asked to teach a CLE on Gun Trusts on September 11, 2013 for LawReview CLE.

Traditional estate planning can be problematic when dealing with firearms. This course will explain how a Gun Trust is designed to acquire, manage, use, and transfer firearms, including those restricted by the National Firearms Act of 1934.

August 13, 2013

Gun Trust CLE: “Bequesting a Felony” – Geriatrics and Guns

by David M. Goldman

David Goldman will be facilitating a discussion at Elder Concert 2013. Elder Concert is a statewide conference for the elder care professionals that is presented by the Academy of Florida Elder Law Attorneys, the Elder Law Section of the Florida Bar, Florida Department of Elder Affairs, the Florida State Guardianship Association, the Florida Geriatric Care Managers Association, Florida Atlantic University and the University of South Florida.

‘Bequesting a Felony – Geriatrics and Guns’ will take place on Saturday, September 21, 2013 from 10:45am to 12:00pm in Boca Raton and on Friday, October 11, 2013 from 1:30pm to 2:45pm in Tampa.

August 12, 2013

Obama reported to sign UN Gun Treaty while Congress is on Vacation

by David M. Goldman

Obama reported to sign UN Gun Treaty while Congress is on Vacation:

Jay Carney said Obama will sign the UN Arms Trade Treaty “before the end of August…We believe it’s in the interest of the United States.”

I have previously written on how the UN Arms Treaty can prohibit the future transfer of firearms for citizens of the United States. For the Treaty to become effective it must be ratified by the U.S. Senate. This requires 67 votes. You should contact your Senator and let them know you do not want them to approve the UN Arms Trade Treaty also known as the UN Gun Treaty.

August 8, 2013

California (CA) What NFA Firearms can I own? Updated

by David M. Goldman

California NFA Class 3 firearms
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 California you can own the following items that are regulated the the National Firearms Act

August 8, 2013

Suppressors and Hunting in NC – Legal as of 10/1/2013

by David M. Goldman

North Carolina will become the next state to legalize hunting with a suppressor. As of 10/1/2013, a suppressor will be legal to use on firearms while hunting. The NC Wildlife Resource Commission made the changes which are not found in the NC statutes and also not found in the in the NC Hunting Regulations which were printed before the legislation passed. Here is a link to the legislation as well as the press release. If you plan on hunting in NC after October 1, 2013, I would suggest keeping a copy of the legislation and press release with you as many police officers may not know that it will be legal to hunt with a suppressor after 10/1/2013.

Every time a state legalizes hunting with a suppressor, the sales of suppressors in that state dramatically increase which creates a longer approval wait time. Given that current approval times in most states is more than 6 months. it would be advisable to purchase your silencer now if you have any plans on hunting with a silencer in 2014. Remember that if you use a Gun Trust, you do not have to obtain your local sheriff’s permission to purchase a silencer as well as creating the flexibility to have multiple authorized users. There are many things that are different with Title II firearms (like suppressors) and it would be a good idea to request our free report on What is a Gun Trust and Why you might need one.