Gun (NFA) Trust – Frequently Asked Questions

With the proliferation of Gun (NFA) Trusts, there are numerous questions relating to their construction, desirability, and function. This article is designed to answer most, if not all, of the possible questions that you may have. Whether to use a Gun (NFA) Trust 1. How to decide between registering the firearm as an individual, trust, or … Continue reading Gun (NFA) Trust – Frequently Asked Questions

Florida Gun Trust Attorney – www.GunTrustLawyer.com

I often receive calls and emails from individuals looking for a Gun Trust attorney in Florida. I am always happy to refer them to Attorney David Goldman of GunTrustLawer.com, who has developed a national network of Gun Trust attorneys. Attorney Goldman is cognizant of the National Firearms Act considerations that must be dealt with in a … Continue reading Florida Gun Trust Attorney – www.GunTrustLawyer.com

Invalid NFA Trusts: Myth or Reality

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 … Continue reading Invalid NFA Trusts: Myth or Reality

Can a Trustee with an out of state Driver’s License picking up a NFA firearm?

The answer, unfortunately, is no. While a trustee may lawfully possess assets of the trust, when he/she goes to the dealer to pick up the NFA firearm, after receiving approval from the BATFE, the trustee must fill out a 4473 and a NICS check. For a 4473, the individual must be a resident of Pennsylvania. Thus, the trustee must have … Continue reading Can a Trustee with an out of state Driver’s License picking up a NFA firearm?

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

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?