Effect of Death on a Divorce: Can the Spouse take under the Decedents Will or is the Spouse Limited?

With a divorce rate above 50%, the inevitable sometimes occurs. During the divorce proceeding, one spouse dies. The affect of this situation can lead to a complex interaction between the Divorce Code and the Estate Code. Because there are so many different possibilities, I will briefly lay out the possible scenarios and likely effect on … Continue reading Effect of Death on a Divorce: Can the Spouse take under the Decedents Will or is the Spouse Limited?

Florida Man Arrested for Constructive Possession of an SBR

I have recently blogged about the issue of constructive possession of NFA firearms in my article NFA and Constructive Possession: Myth or Reality?. On August 27, 2009, Jesus Amador, Jr., was arrested by an undercover officer when he sought to sell his Heckler and Koch SP89 pistol. But, one can legally sell an H&K SP89, … Continue reading Florida Man Arrested for Constructive Possession of an SBR

Dealer’s Free NFA Trust is Invalid

Attorney David Goldman recently posted an article, Free NFA Trust Form for Class 3, Title II purchases, about a dealer who was offering a free NFA trusts with purchase of a NFA firearm. As Attorney Goldman discusses in his article, the trust was blatantly invalid. The invalidity of the trust could subject the trust assets to forfeiture and the grantor/trustee(s) subject to … Continue reading Dealer’s Free NFA Trust is Invalid

Can a Trustee “use” the Assets of a Gun Trust?

The answer, generally speaking, is no, unless you have competent legal advice on how to form a trust that would allow the trustee to “use” the assets. What many who use Quicken or other products, instead of seeking competent legal advice, fail to recognize or understand is the purpose of a trust and the fiduciary duties … Continue reading Can a Trustee “use” the Assets of a Gun Trust?

What to do when sending an NFA firearm across state lines to be repaired

While the BATFE used to require an individual to file a Form 5 and receive approval before sending the firearm to the gun smith, theBATFE several years ago said that such was no longer required. However, and an issue that most inadvertently overlook, the BATFEhas never said that a Form 5320.20 (BATFE Form 5320.20) does not have to be submitted … Continue reading What to do when sending an NFA firearm across state lines to be repaired

NFA and Constructive Possession: Myth or Reality?

Many individuals who own National Firearms Act firearms (Machineguns, suppressors, SBSs, SBRs, DDs, and AOWs) are concerned whether other individuals who live in their house can be charged with constructive possession for the NFA firearms. Pursuant to the NFA, only the person who is approved for the transfer/making of NFA firearm by the BATFE may … Continue reading NFA and Constructive Possession: Myth or Reality?

Can I transport a Title II firearm across state lines if it is change to Title I?

While I would ALWAYS suggest that any individual who owns aSBR/SBS NFA Firearm submit and receive an approved 5320.20 before crossing state lines, the BATFE has issued a letter that where the individual temporarily converts a Title II firearm to a Title 1 firearm, he/she may take it across state lines without submitting and receiving an approved 5320.20. You can see the letter … Continue reading Can I transport a Title II firearm across state lines if it is change to Title I?

Can a Gun (NFA) Trust be Issued a Curios and Relics License?

The short answer is NO. The BATFE is in charge of licensing Federal Firearms Licenses (FFL). A Type 03 License is a license for collectors of “Curios and Relics,” also referred to as a C&R License. As theBATFE states, a C&R License pertains exclusively to firearms classified as curios and relics, and it’s purpose is to facilitate a … Continue reading Can a Gun (NFA) Trust be Issued a Curios and Relics License?

BATFE Approves INVALID Trust

In an extremely disconcerting scenario, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) has approved an application to make an NFA firearm, while acknowledging that the trust was not valid. As posted on Silencertalk.com, “Well I just got back two approved form 1 SBR’s and on the back of one of my forms it is highlighted and says ‘consult … Continue reading BATFE Approves INVALID Trust

BATFE Letter Requesting Removal of a SBR/SBS from the NFRTR

Below is a generic letter that can be sent to the BATFE when an individual wishes to convert a Title II firearm (short barreled shotgun or short barreled rifle) back into a Title 1 firearm. If you want a Word version of the below form, click here. You should send the letter certified mail and keep the receipt because … Continue reading BATFE Letter Requesting Removal of a SBR/SBS from the NFRTR