Unfortunately, the answer is that numerous individuals are submitting invalid trusts for the purchase of NFA firearms. In a current article of Small Arms Review (SAR), Vol 14, No. 1 , the National Firearms Act Trade & Collectors Association (NFATCA) reports that, “Virtually four out of five trusts get bumped back because it was imply and improper trust.” The NFATCA is not a law firm, does not refer members to any NFA Trust attorney, and does not receive any form of benefit from telling the readership that it is imperative that they seek proper counsel.
In the past, many have said that attorneys that draft NFA Trusts are just “fear mongers” and “only out to make money off of another’s fears.” The problem is that invalid trusts are a reality. A reality that places the individual at risk of 10 years in jail, $250,000 in fines, and forfeiture of the firearms and anything that contains the firearm. That means, you can lose your car if that unregistered (because you have an invalid trust) machinegun is in your vehicle when it is found.
And the Small Arms Review article isn’t the first or only article on the subject. Attorney David Goldman from www.GunTrustLawyer.comhas written several articles on this subject; Gun Store Provides Invalid Trust Form, Silencer Manufacturer Provides Invalid Trusts to Clients. All this only confirms my past experiences and statements to and with clients.
Moreover, and as the SAR article explains, if your manufacturer or dealer is not an attorney, he or she is committing the crime of Unauthorized Practice of Law (UPL) by giving you a trust or legal advice on how to fill out a trust. As the SAR article states, “Not using a reliable attorney that knows and understands the law in your state is risky business and will guarantee you a recipe for problems.” More importantly to those of us who are using attorney drafted trusts, the delay in processing Form 1 and Form 4 applications has been greatly increased by the influx of invalid trusts.
If you want to use a trust for procurement of a firearm, whether it be a Title 1 or Title 2 weapon, make sure to seek out proper legal advice. Prince Law Offices, P.C. has attorneys ready to handle your NFATrust needs. If you live outside of Pennsylvania, we will help find anNFA Trust knowledgable attorney in your state, so that you can rest assured that your NFA firearms won’t be the next items on theBATFE’s forfeiture list.