As with regular firearms, some Type II firearms (those sold by class 3 dealers) can only be sold to residents of their state, others can be sold to residents of neighboring states. If an item is not legal in your state but is in another state where you would like to purchase it, a Gun Trust may help with this issue. With a Gun trust, you can solve this problem by including someone who is a resident of the other state as a Trustee of your Gun Trust. Any Trustee on your Gun Trust with the power to make purchases, can purchases the items as long as the person who is picking them up is complying with that state’s laws. Once the Gun Trust owns the items, any Trustee, with the power to use the items can manage them and store them where they want, as long as it the items are legal to possess in the state. A trust also has the benefit of being able to be modified in the future so you can add or remove a trustee (authorized purchaser or user).
Domestic Violence, Child Custody, Divorce & Gun Rights
One benefit of using a Gun Trust that is often overlooked is the ease of changing authorized users or managers of the firearms in the event of a charge relating to domestic violence or other Lautenberg amendment violations. We all know people who have been involved in a divorce and had claims of domestic violence or child abuse made to potentially bolster the other spouse’s position regarding the divorce, alimony, child custody, or child support. Unfortunately, the way in which your divorce attorney deals with this issue, could cause you to lose your firearms rights. It is very important to make sure your divorce attorney understands these issues or consults with an attorney who does so that you do not lose your rights over a technicality.
More importantly, if you do lose your rights, you may lose your investment in your firearms as they may not be transferable in time to lose them to a confiscation. With a Gun Trust, even though you can be a manager, you do not technically own them. Therefore, if you lose your rights to own or possess firearms, we simply need to amend your trust to deal with the possession issue as you are no longer the owner anyway.
This becomes much more important with Title II firearms (those sold by Class III Dealers) because of the time it takes to transfer these firearms. For more on this you may want to read the Jacksonville Divorce Attorney Blog’s article on Domestic Violence and Gun Rights written by Kelley Ryan a Jacksonville Divorce Lawyer.
Shoes for Guns – New Years Resolution
I was talking with my wife this weekend and we were discussing things we wanted to change in the upcoming year. While it was not really a New Years Resolutions our topic of conversation drifted to shoes and guns, while my wife thought I had to many guns, I thought she had to many shoes. Of course neither of us could come to an agreement, but we did agree that if she got more shoes, I could get an equal number of guns. Still thinking she had to many shoes, I hope she doubles the size of her collection this year. Not sure if this will work with anyone else, but it seems to be worth a try.
Hope everyone has a Happy New Year and my wife buys a lot of shoes.
P.S. if you have any extra 6.5 woman’s shoes please send them as used guns seem like they would be part of the deal.
State of Residence Revised by ATF
Today, the ATF revised it’s definition of State of Residence and residency requirements.
The Gun Control Act (GCA) generally prohibits any person from transferring firearms to any unlicensed person who they know or have reasonable cause to believe does not reside in the State in which the transferor resides. See 18 U.S.C. § 922(a)(5).
27 C.F.R. 478.11 defines the term “State of residence” differently for U.S. citizens and aliens. A U.S. citizen’s State of residence is the State in which he or she is present with the intention of making a home; while an alien is considered a resident of a State if he or she has resided in that State for a period of at least 90 days prior to the date of transfer with the intention of making a home.
12 Laws of Christmas – Day 4 Gun Trust $100 off
12 Laws of Christmas – Day 4 Gun Trust $100 off
Interested in a Gun Trust or one of our new Asset Protection Gun Trusts? This special is for today only. If you Contact Us by email or telephone today, we will knock $100 off the price of your Gun Trust. To learn more about what a Gun Trust is visit the Gun Trust Lawyer® Blog If you Contact Us after hours on Dec
The Law Office of David M. Goldman PLLC has decided to do 12 great specials for our new and existing clients.
Can a Gun Trust Provide Asset Protection?
New Gun Trust Provides Asset Protection for Firearms Collectors and his or her Family.
Until now, the answer has been that a gun trust does not provide any asset protection for firearms. Today we are announcing a new form of Gun Trust for the Gun Collector that does provide asset protection from creditors of the creator as well as the beneficiaries. This trust has many of the same benefits of our normal Gun Trust and we can even convert your previous gun trust to a new asset protection gun trust.
This trust is not designed for everyone but should be considered if you have a substantial firearms collection.
Pistol to Rifle or Short Barreled Rifle: What is permitted and what is restricted under the NFA
There have been many question on converting a pistol to a rifle and back to a pistol. The ATF recently issued a ruling regarding this to help clarify what is permitted and what is not. If you would like to read the full ruling it can be found here. ATF Ruling 2011-4.pdf
In summary the ATF made the following findings.
Held, a firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. 5845(a)(3), is made when un-assembled parts are placed in close proximity in such a way that they:
(a) Serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length (e.g., a receiver, an attachable shoulder stock, and barrel of less than 16 inches in length); or (b) Convert a complete weapon into such an NFA firearm, including – (1) A pistol and attachable shoulder stock; and (2) A rifle with a barrel of 16 inches or more in length, and an attachable barrel of less than 16 inches in length.
Scottsdale Gun Club and Holiday Cards with Machine Guns
The Scottsdale Gun Club is inviting families and their children to pose for pictures with Santa Claus – and a high-powered firearm. The photos are $5 for club members and $10 for non-members. Their website states “Santa’s Back With His Bag Of Goodies. Get Your Holiday Picture With Santa & His Machine Guns!”
Silencers and Hearing Damage from Shooting Sports
American Hunter Magazine, received by more than a million subscribers, recently had an article on the benefits of suppressors in relation to hearing. The NRAILA has posted an online version of the has an article on their website.
The article discusses the unfair portrayals by Hollywood to show silencers as tools of criminals and assassins. In reality thousands of law-abiding citizens use silencers to protect themselves from the harmful effects of the sound produced by guns. Not only do silencers not make guns silent but they rarely are used by criminals. In Europe suppressors are actively encouraged. They are called “moderators” and are just another accessory for firearms that are widely available and encouraged.
Today only 11 states prohibit the possession of silencers while purchasing them in many of the states where they are permitted can be difficult or impossible unless one chooses to use a Gun Trust Lawyer® to form a NFA Trust or a business entity.
Can I make an AR-15 type pistol for my personal use?
We received a copy of the following response dated August 30, 2010 from a reader of the blog that felt that this may be useful to others. If you want to download a copy of the letter it has been provided in a PDF format for your reference ATF Response – AFG on AR Pistol.pdf
The letter states:
This refers to your recent correspondence to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regarding the manufacture of a firearm. Specifically, you asked about the lawfulness of manufacturing an AR-15 type pistol for your personal use. Your letter was forwarded to ATF’s Firearms Technology Branch (FTB), Martinsburg, West Virginia, for reply.