NFA Gun Trust Lawyer Blog

April 9, 2013

Gun Trusts CLE: Gun Trusts Are for More Than Just NFA Firearms

On Friday May 3, 2013, the National Riffle Association is having The 16th Annual Firearms Law Seminar in Houston Texas. This seminar is primarily focused for lawyers who deal with firearms related issues in the practice. Over the past few years, the ATF has presented the panel on Trusts and ownership of Title II firearms. I have personally been to this presentation several times looking for guidance or changes in the law or its interpretation. Unfortunately the NFA portion of the seminars have been disappointing and have not offered any real guidance in dealing with the many issues that a Gun Trust should deal with. This year the NRA asked me to speak Gun Trusts. I plan on dealing with many of the ethical problems with traditional trusts as well as how to use Gun Trusts to protect your clients firearms from future legislative restrictions as well protecting the guns from loss due to confiscation that often surrounds criminal charges or claims of domestic violence and/or child abuse that often surround divorce.

Many people are still looking for NFA Trusts and have not realized the benefits of a Gun Trust over a trust that only deals with NFA Firearms. Look for more information on the NRA Firearms Law Seminar. For more information about the National Firearms Law Seminar, please call 1-877-NRF-LAWS
If you are a lawyer and plan on attending and would like more information on Gun Trusts or have a question you would like me to address at the seminar, use the contact form and I will try to incorporate it into the Gun Trust Presentation portion of the NRA Firearms Law Seminar.

April 8, 2013

Senate to Take Up Anti-Gun Legislation Soon!

by David M. Goldman

The U.S. Senate has announced that anti-gun legislation will be heard on the floor next week. While that could change at any time, right now it means that your Second Amendment freedoms are on the chopping block, and you need to take immediate action to save them.

Senators are scheduled to vote on a so-called “universal background check” bill being pushed by lifelong anti-gun zealot, Sen. Charles Schumer (D-N.Y). Schumer’s bill–S. 374, the “Fix Gun Checks Act of 2013”– would criminalize virtually all private firearm sales, even temporary transfers, making you a criminal if you simply transfer a firearm to an aunt, uncle, cousin or lifelong friend without the federal government’s approval. Even worse, President Barack Obama’s Justice Department says that Schumer’s bill will only be effective if it’s coupled with mandatory gun registration.

Sen. Dianne Feinstein’s (D-Calif.) gun and magazine ban legislation will be allowed to offer her legislation as an amendment.

April 6, 2013

Obama Administration is expected to sign the treaty soon after it is opened for signature June 3

by David M. Goldman

On April 2, the United Nations General Assembly voted 153-4 to pass the Arms Trade Treaty, with the United States voting in favor. The vote in the General Assembly was necessary to push the treaty process forward after negotiations twice failed to deliver on the goal of developing the treaty by unanimous consent. The Obama Administration is expected to sign the treaty soon after it is opened for signature June 3.

The text of the approved treaty is deeply problematic and threatens the rights and privacy of American gun owners. Signatories are encouraged to keep information on the “end users” of arms imported into their territory and supply such information to the exporting country. Exporting nations, nearly all of which have civilian firearm control regimes far harsher than the U.S., are encouraged to take the firearm control laws of an importing country into account before approving a transfer of arms. The treaty also encourages states to adopt domestic legislation to facilitate the treaty’s onerous requirements.

To read more on this treaty and its problems see the full press release from the NRA-ILA

April 4, 2013

Rush to Pass Connecticut Legislation Creates Problems with Firearms Transfers

by David M. Goldman

In a rush to pass legislation in CT, the new law which was passed and signed today creates some problems for individual transfers of firearms.

For example, the language in the new law specifies a procedure for licensed firearms retailers to perform mandatory “universal” background checks on private party transactions that is not permissible based on federal law and regulations governing the National Instant Criminal Background Checks (NICS) system. As we read it, this mistake in lawmaking means that all private party transactions in the state now cannot be accomplished legally unless the individual sells the firearm to a dealer and a third-party buys it from the dealer which may not longer be permitted for some firearms that are now restricted.

Many of the new provisions in the law went into effect today. We will continue to update this information as more develops.

April 4, 2013

Connecticut (CT): What NFA Firearms can I own? Updated

by David M. Goldman

NOTE: BECAUSE OF LEGISLATION SIGNED IN TO LAW ON 4/4/2013 THE FOLLOWING INFORMATION MAY NOT BE UP TO DATE. ONCE THE CHANGES IN THE LAWS HAVE BEEN ANALYZED WE WILL UPDATE THIS PAGE.

Connecticut NFA Title II firearms There are several types of Title II firearms that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of Title II firearms in addition to the required compliance with the National Firearms Act.

April 3, 2013

Connecticut Gun Legislation and Gun Trusts

by David M. Goldman

Connecticut about to enact one of the most restrictive Gun Laws in the United States.

Here is what is being reported to be in the bill. As of this morning the bill had not been published and it appears to be on a fast track as Emergency Legislation.

The bill establishes a first in the nation statewide dangerous weapon offender registry.
The bill requires “universal background checks” for the sale of all firearms immediately, upon passage.
The bill significantly expands the Connecticut Assault Weapons Ban.
The bill immediately bans the sale or purchase of large capacity magazines, and imposes extremely stringent restrictions on the use of those currently possessed. (LCMs that are currently possessed must be registered with DESPP by January 1,2014 to remain legal, and even when registered will be subject to extremely strict usage limitations:)
The bill requires new state issued eligibility certificates for the purchase of any rifle, shotgun or ammunition.
The bill expands the scope of Connecticut’s firearms safe storage law.
The bill significantly increases penalties for many firearms trafficking and illegal possession offenses.
The bill expands the membership of the Board of Firearms Permit Examiners, and expands due process for local authorities in front of the board.
The bill changes the status, with regard to the legal possession of firearms and permits therefore, of individuals who have been either involuntarily confined in or voluntarily admitted to a hospital for persons with psychiatric disabilities, as defined in section 17a-495 of the general statutes.
The bill establishes the offense of illegal possession of ammunition, so that an individual
who is ineligible to possess a firearm will also now be ineligible to possess any ammunition.
The bill requires applicants for a temporary permit to carry a pistol or revolver to apply only in their town of residence (as opposed to also where they work), and further limits such applications to only one per twelve months.
The bill establishes a new age limit for the purchase of centerfire semi-automatic rifles (other than banned assault weapons). Under the bill an individual will have to be at least 21 to purchase such a rifle, as opposed to the current federal age limit of 18.
The bill bans the sale of armor-piercing ammunition, and makes it a class D felony to carry a firearm loaded with any such ammunition.

March 24, 2013

10 Common NFA Trust or Gun Trust Questions

by David M. Goldman

(1) Do I need a Gun Trust if I don’t own any Title II guns?:
Many people do not consider their regular firearms or magazines when creating a trust. Most NFA trusts are not properly created for all firearms. About 5 years ago we upgraded our NFA Trust to a Gun Trust that was designed for all of your firearms because most people who are purchasing a Title II firearms have Title I firearms. The decision-making process about giving someone a gun is the same regardless of its status as a Title I or Title II. For more on this topic see our recent blog on Putting Title I firearms into a Gun Trust.

(2) Do I have to pay the $200.00 tax stamp if I have a Gun Trust?

Yes, The Tax Stamp is for the ability to transfer a Title II firearms to an individual, business entity, or trust. In most cases the Tax Stamp is $200 but if you purchase an AOW the Tax Stamp is only $5. There is no discount or change in the Tax Stamp for a Trust.

(3) Is there a minimum or maximum number of guns I can put in your Gun Trust?
The Gun Trusts from a Gun Trust Lawyer® do not have any limitations on the number of guns that can be transferred to the trust or purchased with the trust. All of our Gun Trusts come with forms to allow for future purchases or assignments to the trust without the need to make any modifications or incur additional legal fees Continue reading

March 19, 2013

Are Machine Guns Legal in Washington State?

by David M. Goldman

Mark Knapp a Washington Gun Trust Lawyer® and firearms lawyer has written a blog that deals with the possibility of obtaining a legal machine gun in the State of Washington.

Generally Machine guns have been illegal to import or transfer in Washington State since 1994 and then only those that were manufactured and registered with the NFA before the 1985 ban were permitted. Those who owned them prior to the 1994 Washington ban could keep them.

There seems to be some ambiguity in the law which may permit certain people to obtain certain Machine Guns. It would not be an easy process and would involved a WRIT OF MANDAMUS which Mark called a long shot.

March 12, 2013

UN Gun Treaty – Discussions and Vote to Begin March 18, 2013 in NY

by David M. Goldman

What is probably the most serious threat to American gun owners in decades may achieve much of what many of the new bills before Congress are trying to achieve.

The UN Gun Treaty should ban the future transfer of most small arms (pistols, and rifles) if those guns could cause damage to another state. While this makes sense for a submarine, missile or nuclear bomb, the Treaty makes no provision for the difference between a Glock and a nuclear bomb.

For several years the NRA has talking about what it depicts as an international conspiracy to “grab your guns” or “restrict rights to buy certain firearms in the future.”

March 2, 2013

SBR alternative: 300 Blackout Pistol with buffer tube

by David M. Goldman

One of our clients has gotten the ATF to approve this configuration. With an A2 Buffer Tube it almost makes an SBR unnecessary. Not only does this only have one tax stamp for the Silencer but it has an amazing scope designed specifically for the 300 Blackout. Of course if you want a forward grip you have to add another tax stamp that would be included with the an SBR version.

The Burris Eliminator Gen 2 laser scope is around $800. It allows for adjustments to the Laser range and puts the LED dot where the bullet impact will be. We have heard that it is “wicked accurate.”.