NFA Gun Trust Lawyer Blog

August 6, 2013

ATF Applications for Form 1 and Form 4 now taking 9-12 months

Last week I called the ATF to check on one of my personal applications and a new one that I recently filed. The person I spoke to told me that while older applications were taking 6-9 months, new applications were expected to take 9-12 months for approval.

The Firearmsblog has reported a similar conversation with ATF.

While we had previously reported that the ATF was increasing their staff by 30% it appears that this has not helped clear the backlog and they are more than 46,000 applications in the backlog.

August 5, 2013

Common Gun Trust and Free Gun Trust Mistakes

by David M. Goldman

A NFA Trust or Gun Trust is a type of revocable living trust that is created for the main purpose of possessing Title II firearms. In our review of many so-called Gun Trusts we have seen that most do not properly address firearms ownership, transfer and possession. (If you have a gun trust you would like reviewed, just let us know and we woudl be happy to review it under the federal laws for free) Many are regular trusts and many only have a few firearms related terms. If almost every provision in your trust does not deal with firearms, it is not a real Gun Trust from a Gun Trust Lawyer®.

A Gun Trust is a NFA Trust that is appropriate for regular firearms as well as Title II firearms (those sold by Class 3 SOT FFLs). Often times, people who wish to purchase Title II firearms with a trust choose to hire an attorney who has not studied and does not fully understand the NFA and estate planning. As a result, many so called NFA Trusts or Gun Trusts other than those provided by a Gun Trust Lawyer® do not comply with the Gun Control act of 1968, the National Firearms Act and other local and state specific gun laws. These trusts often contain several defects or mistakes and may lead to illegal possession or transfer of Title I and Title II firearms.

Mistake #1: Omitted Necessary Provisions

August 3, 2013

ATF Electronic Forms Available for Form 1, Form 4, and Form 5

by David M. Goldman

FFL holders: get on it so you’re squared away for your customers!

Gun Trusts can use this to submit an ATF Form 1 – 5320.1

“NFA eForms are finally here! ATF is pleased to announce the implementation of the NFA forms into ATF’s eForms system. ATF Forms 1, 2, 3, 4, 5, 9 and 10 are currently available for eForms submission.

July 23, 2013

Advanced Armament 1911 R1 / Tirant 45 Suppressor Package

by David M. Goldman

This past Friday, thefirearmsblog.com released an article detailing Advanced Armament Corp.’s (AAC) new collaboration with Remington. The article announces the collaboration as “Advanced Armament Corp.’s first branded pistol,” disregarding AAC’s long time partnership with Nighthawk Custom.

Nonetheless, Advanced Armament has teamed up with Remington to offer the first-ever pistol/suppressor combo package with a retail price of $2,261.

The accuracy and reliability of the 1911 have been enhanced by the features this product exhibits. End consumers will be happy to know that this silencer and pistol combination is equipped with a Pelican case with custom cut foam, a Tirant45 silencer and (2) two magazines. The product also features high sites, a black threaded barrel, custom Grey VZ “Grenade” AAC logo grips, the Skull Xguns logo on the right side of the slide and “Advanced Armament Corp” on the left side.

This package is an AcuSport exclusive, and is only available to FFL Class III dealers who purchase through AcuSport. Since the silencer is a Title II item, if you purchase this new combo, keep in mind you will have to submit a Form 4 to ATF.

July 22, 2013

ATF requests Public Comments on Form 5320.1

by David M. Goldman

The BATFE released a 60 day notice notice to make changes to the ATF Form 5320.1. This form is used to make or asemble a Title II Firearm under the National Firearms Act.

The changes would allow applicatnts to pay the transfer ta by credit card or debit card, and combine information currently captured on another form.

Here is a copy of what was published in the Federal Register Today under Notices

July 10, 2013

Colorado & AG Statement on “continuous possession” and “designed to be readily convertible”.

by David M. Goldman

July 10, 2013

CONTACT

Carolyn Tyler Communications Director

July 8, 2013

Firearms Industry Files Suit Regarding New Connecticut Gun Laws

by David M. Goldman

The National Shooting Sports Foundation® (NSSF®), the trade association for the firearms and ammunition industry, today filed suit in federal court for the District of Connecticut alleging that Governor Dannel Malloy and the leadership of the Connecticut General Assembly misused the so-called “emergency certification” exception to circumvent the safeguards of the normal legislative process and in violation of Connecticut statutory law in order to pass Senate Bill 1160, a package of strict gun control regulations.

The suit further alleges that enactment of the new law violates fundamental due process rights guaranteed by both the Connecticut and United States Constitutions. NSSF is asking the court to declare the law invalid and issue an injunction prohibiting its enforcement.

“A 139-page bill was assembled behind closed doors, bypassing both the public hearing and committee processes, and quickly sent to floor votes on the same day in both the House and Senate where legislators did not have adequate time to even read the bill. The governor then signed the package into law the next day. All of this is in violation of guarantees citizens are supposed to have under Connecticut State Statutes and protections in our State and U.S. Constitutions for which our forefathers fought,” said Lawrence G. Keane, senior vice president and general counsel, NSSF. “Our suit focuses on this abuse of process that has resulted in enacted law that does nothing to improve public safety, while resulting in adverse effects on law-abiding citizens, manufacturers, retailers and sportsmen’s organizations.”

July 8, 2013

Gun Trusts and Marijuana and Firearm Ownership, Use, and Possession

by David M. Goldman

About two years ago we reported on a potential problem that exists because of a conflict between state and federal law and how this can cause problems with a Gun Trust that is not properly drafted.

Now the BATFE has issued an open letter to FFLs that users of medical marijuana are to be excluded from possessing or owning firearms or ammunition. BATFE cites the Gun Control Act of 1968 as authority for this order, which states that it shall be unlawful to sell or otherwise dispose of any firearm to any person knowing or having reasonable suspicion to believe that such a person is an unlawful user of or addicted to any controlled substance.

As of July 2013, eighteen states have legalized the use of marijuana in some form. Another 6 have pending legislation. Of those eighteen states, sixteen have legalized marijuana usage for medicinal purposes, while Colorado and Washington have also legalized the drug for recreational use. It is important to realize that while these states have passed their own marijuana laws, the possession, use, and distribution of marijuana is still illegal under federal law, which trumps the state laws. The Controlled Substances Act, enacted into law in 1970, categorizes marijuana as a Schedule I controlled substances. So although some states say it is “legal” to use marijuana, under the Gun Control Act, marijuana users are considered “prohibited persons” to whom the sale of firearms and ammunition is illegal.

July 4, 2013

ATF Form 5320.1 – How to fill out for multiple caliber barrels: Updated

by David M. Goldman

If you want to use multiple caliber barrels on a SBR or SBS there here are some guidelines that will help you fill out your ATF Form 1, which are also found on our updated How to fill out a Form 1 for a Trust Page.

4c should contain the caliber or gage of the firearm. Only one is acceptable. ( Multi is not acceptable, you can only list one, if you have additional calibers you want to list you should attach additional configurations in a letter attached to your Form 1 stating the caliber, barrel length, and overall length as related to the firearm listed on the Form 1.)

Previously ATF accepted them by being listed in 4h on the Form 1 but no longer accepts this.)

July 4, 2013

Gun Trusts in Connecticut still an option but time may be limited

by David M. Goldman

As the deadline for registering your firearms in Connecticut approaches, most people will not have an opportunity to transfer their firearms into a Gun Trust because the law which was passed back in April took effect immediately. All hope is not lost as there are a few solutions still available for those with and without Gun or NFA Trusts.

For those who created Gun Trusts prior to April 4, 2013 and transferred all of their firearms into the trust, there is still an opportunity to change your trust in such a way as to provide multi-generational ownership for the firearms.

For those who did not create a Gun Trust and transfer their firearms into the trust prior to April 4th, there are two ways to create and protect your firearms in a Gun Trust.