We had our last machinegun shoot for the year of 2010, since it is getting colder out and few individuals want to attend a shoot in the winter. We will likely do another shoot in the Spring. If you don’t want to have to remember to check back here, send me, you PA Gun Attorney, … Continue reading Last shoot of 2010
Category: Firearms Law
Do You Know Your Friends on Facebook, Twitter, MySpace…etc? Maybe Not…
This week, a government/privacy watchdog group, Electronic Frontier Foundation (EFF), released a report on the tactics the United States Government is using to spy on its own citizens. The Report reviews a 2008 memo where the government encourages federal agents to befriend individuals on social network sites, such as Facebook, Twitter, MySpace…etc, to take advantage of the … Continue reading Do You Know Your Friends on Facebook, Twitter, MySpace…etc? Maybe Not…
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?
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?
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