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.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
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