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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.

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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.

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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

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When filling out the Form 4 or opening a bank account of a NFA gun trust, you should use your social security number when anyone asks for and EIN number.

A NFA Gun Trust is a highly customized Revocable Living Trust and as such it does not require an Employment Identification Number (EIN).  Many banks treat all trusts as irrevocable as as such ask for EIN’s

If you are opening a bank account, or filling out your form 1 or Form 4 just use your SSN anywhere it asks for an EIN number.

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On May 14th, 2008, Georgia’s Governor Sonny Perdue signed legislation which will strengthen Georgia’s current right to Carry laws.  This legislation will

  1. allow licensed permit holders to possess a firearm in any private motor vehicle, while on any publicly accessible parking lot;
  2. prohibit gun dealer entrapment schemes like those orchestrated by New York Mayor Bloomberg;
  3. allow concealed carry permit holders to carry in State Parks, recreation areas, wildlife management areas, and public transportation;
  4. create a stricter time limit for various stages of the concealed carry license application process; and
  5. allow concealed carry permit holders to carry in restaurants.

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Basically, there are 2 ways that an individual (who is not prohibited by Federal, State, or local law from receiving or possessing firearms) may legally acquire NFA firearms:

    1. By transfer after approval by ATF of a registered weapon from its lawful owner residing in the same State as the transferee.

    2. By obtaining prior approval from ATF to make NFA firearms.

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    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.

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    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®.

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    NFA Class 3 firearmsThere 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)

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    Contact Information
    Florida Gun Trust Lawyer
    Jacksonville Office
    4115 Hendricks Ave
    Jacksonville, FL 32207
    Toll-Free: (877) 7GUN-LAW
    Phone: (904) 866-4228
    Fax: (904) 875-4081
    Ponte Vedra Beach Office
    822 A1A N #310
    Ponte Vedra Beach, FL 32082
    Phone: (904) 425-1910
    Fax: (904) 875-4081
    Satellite office with limited services and hours.
    Call for an appointment.


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