We recently received a copy of a letter dated November 2, 2010 that addressed this issue. The person wanted to know if they had manufactured an AOW with various-length barrels, could a stock and longer barrel be added later for the purpose of hunting or other legal uses.

The ATF first responded with As background, the National Firearms Act (NFA), 26 U.S.C. Section 5845(e), which defines “any other weapon” to include-

… Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire . Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

Sharing a SilencerThis is a common question which has two answers. First I will address the legal answer.

The NFA restricts transfers of weapons. Normally we would not think of loaning a firearms or placing it in the hands of another person as a transfer, but under a more complete analysis, letting someone else use your silencer or other NFA firearm, is in fact a transfer and a violation of the National Firearms Act.

The NFA defines a transfer and the various derivatives of such word, to include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of.

Texas Gun Trust Lawyer and Travel to ColoradoWe are often asked about traveling to another state with NFA firearms. If you own property in multiple states like Texas and Colorado or regularly travel between Texas and Colorado with NFA Firearms, you can do so, but should and in some cases must obtain prior authorization from the ATF to take these firearms over state lines.

Note:Texas and Colorado are just used as an example of two places that you may regularly travel to and from. A Texas Gun Trust prepared by a Texas Gun Trust Lawyer® would be valid in Colorado and a Colorado Gun Trust prepared by a Colorado Gun Trust Lawyer® would be valid in Texas

There is no charge to obtain the authorization for interstate travel from the ATF. Your Gun Trust should have specific instructions on how to do this and if it does not you may want to have your gun trust reviewed by an attorney to see if it is a gun trust or just a generic revocable trust. Many so-called “Gun Trusts” and those provided by gun stores, found in the internet, created by software, or even some from lawyers, actually provide instructions to break the law. If you gun trust mentions stocks, property, homes, or other non-firearms related items, it may be a clue that you have a generic trust.

Gun Trust LawyerFunding a trust is a basic concept that is necessary for a trust to be valid. The legal concept is that the trust does not exist if there is nothing in the trust. A Gun Trust can be funded with a firearm, money, or any other asset. Typically a Gun Trust will be used to acquire firearms and is often used for Title II Firearms. When you put money in or assign money to the trust, you have funded it and it is now valid. If you never assign property to a trust, it can create problems.

For example, if your trust is unfunded, and you purchase a Title II Firearm from a dealer personally you will own it personally. An Assignment sheet may fund the trust, but if the AFT has not approved the assignment or an additional fee is not paid, you may have created a legal problem.

Funding a NFA trust, purchasing NFA Firearms, and proper use of a Gun Trust are very important to understand and something you should ask your Gun Trust Lawyer® about.

Prince Law Offices, P.C. will be hosting a machine gun shoot at Eastern Lancaster County Rod and Gun Club, which is located at 966 Smyrna Road, Kinzers, PA 17535 on October 22, 2011 starting at 11am. Everyone is welcome to attend. The only requirement is that you bring a driver’s license and hearing and eye protection. All attendees will be required to sign a waiver.

There will be several dealers and manufacturers in attendance and which will have some unique firearms that you might not otherwise have an opportunity to shoot. One dealer will be bringing his KRISS .45 SMG, a Glock 18c, and some other fun toys. While you are welcome to bring your own firearms and ammunition, it will be up to the owner of the firearm as to whether he/she will permit you to use your ammunition in his/her firearm. The FFLs will be bringing ammunition for purchase, if you need additional or if they require certain types of ammunition to be used in their weapon systems.

While this event is free to all attendees, I am asking that you consider giving a donation to the Eastern Lancaster County Rod and Gun Club for their generous permission to use their range. If you have any questions, please feel free to contact me. To RSVP,

We are often asked about the advantages of a Gun Trust by one of our Gun Trust Lawyers® over a LLC. I have compile a quick list of the most common advantages.

  1. no federal or state tax or reporting requirements with a trust
  2. no annual fees with a trust

With the growing list of states that have some type of legalized marijuana use, it is important not to transfer a firearm to anyone who is a user of marijuana or medical marijuana (which are both illegal under federal laws). Chris Chiafullo at FFLGuard has an interesting article on how transferring a firearm to someone you believe is an unlawful user of marijuana (even if it is legal in your state) is an improper transfer and could subject you and the person who receives the firearm to criminal penalties.

If you have a Gun Trust, you should also be cautious about having a co-trustee that uses medical marijuana as it could create liability for you and the other people involved with your trust. If you have a trustee in one of the following states, you may want to check on their medical marijuana usage: Alaska, Arizona, California, Colorado, Delaware the District of Columbia, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon,Vermont, Rhode Island, and Washington have legalized the medical use of marijuana in some form or fashion.

Gun Trust Lawyer®, David Goldman is a counsel of FFLGuard and provides information and legal advise regarding Class III issues. For more information on FFLGuard or to join FFLGuard call 1-888-FFL-GRD1 or visit FFLGuard.com

Today, Attorney General of the State of Michigan, Bill Schuette wrote an opinion on the legality of Silencers in Michigan under MCL 750.224(1)(b) and other state laws in which he states:

The possession, manufacture, or sale of a firearm silencer is permitted in Michigan under MCL 750.224(1)(b) if the person is licensed or approved to possess, manufacture, or sell such a device by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, as required by MCL 750.224(3)(c). Possession, manufacture, or sale of a firearm silencer by an unlicensed or unapproved person is a felony, punishable by up to five years imprisonment under MCL 750.224(2).

If you want to make or purchase a silencer in Michigan you should read the
Michigan Attorney Generals’ Option 7260

Because of the many requests we have found a dealer in MI who will be stocking silencers. If you find others please let us know.

Continue reading for growing list of dealers.
Continue reading

THe BATFE defines a fiscal year as October 1 – September 30 of the following year. The NSSF has compiled a chart showing the number of silencers sold in the past few years. Over the past few years there has been an increase in the number of silencers transferred in most states. In 2008 there were slightly more than 15,000 silencers and by the end of fiscal year 2010 there were more than 22,000 silencers transferred.
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