Quite arguably, the 2nd Amendment took a significant step back recently. In Jackson v. City and County of San Francisco, the United States Supreme Court has “voted” to deny certiorari to plaintiff Jackson, et. al’s appeal from the U.S. 9th Circuit’s decision rejecting her challenge of a San Francisco police code which mandates the lock-box … Continue reading WHAT THE HELLER?
Category: Gun Trusts
Shocking Statements/Concessions by ATF at the NRA Firearms Law Seminar
Today, at the NRA Firearms Law Seminar in Nashville, Tennessee, NFA Branch Attorney William (Bill) Ryan spoke about Gun Trusts. Before we get into some of his somewhat shocking statements/concessions that are clearly contrary to ATF's prior positions, it was interesting that he started out by saying that, in his opinion, the largest cause of … Continue reading Shocking Statements/Concessions by ATF at the NRA Firearms Law Seminar
Notarization of Legal Documents, including Gun Trusts, in Pennsylvania
In the past few weeks, I have had two different clients who encountered difficulty in having a notary public verify their signature of legal documents. In the first case, the notary objected because he could not independently confirm whether the statements in an affidavit were true. In the second case, the notary objected because the … Continue reading Notarization of Legal Documents, including Gun Trusts, in Pennsylvania
Did ATF Approve Your Making of a New Machinegun and Then Rescind It? Contact Us To Discuss
As many of our viewers are aware, on May 14, 2014, I wrote an article: Did ATF's Determination on NICS Checks Open the Door for Manufacture of New Machineguns for Trusts? At that time, I submitted a paper Form 1 for a minigun, as eFile was not currently available. Several weeks later, eFile would come … Continue reading Did ATF Approve Your Making of a New Machinegun and Then Rescind It? Contact Us To Discuss
An Update on the Availability of ATF’s e-Form 4
This morning at the Annual Firearms Import/Export Conference ATF provided an update on their e-Forms. Several clients have asked me when Form 4 will again be available for use in the e-Forms system. Unfortunately, it does not sound like Form 4 will be available this calendar year. ATF has not yet even awarded the contract to … Continue reading An Update on the Availability of ATF’s e-Form 4
ATF Confirms No Plans to Revise Gun Trust Regulations Before 2015
In September 2013, the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") published a Notice of Proposed Rulemaking seeking to revise regulations regarding the documentation required to be submitted together with a Form 1 or a Form 4 on behalf of a trust or other legal entity. As readers of this blog know, ATF received … Continue reading ATF Confirms No Plans to Revise Gun Trust Regulations Before 2015
Did ATF’s Determination on NICS Checks Open the Door for Manufacture of New Machineguns for Trusts?
It isn't often that I find myself giving advice that is more restrictive than ATF's interpretations but it appears that ATF recently changed that dynamic when it held that an "unincorporated trust" was not a "person" under the Gun Control Act. Before I give you the answer to the question you're pondering, let's first review … Continue reading Did ATF’s Determination on NICS Checks Open the Door for Manufacture of New Machineguns for Trusts?
Attorney Tom Odom of Firearms Industry Consulting Group ("FICG"), a division of Prince Law Offices, P.C., was quoted several times in an article appearing in The Guardian newspaper over the weekend addressing the current rulemaking effort by the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") to impose additional requirements when trusts and other legal … Continue reading
The Future of ATF’s eForms System
Today, Deputy Assistant Director Marvin Richardson issued a letter to eForm users advising on the future of the eForms system. You can download a copy of the letter here. After citing to a 380% increase in form applications since 2005 and a 1000% increase in eForm usage from 2013, Assistant Director Richardson explains that eForms … Continue reading The Future of ATF’s eForms System
At What Age Can Someone Establish a NFA Gun Trust?
Recently a client asked at what age a person in Pennsylvania could establish a revocable trust to hold firearms regulated under the National Firearms Act (the "NFA"). The answer is eighteen years of age. First, although federal law requires an individual to be twenty-one to purchase a firearm (other than an ordinary shotgun or rifle) … Continue reading At What Age Can Someone Establish a NFA Gun Trust?
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