Around 6-8 months ago I was approached about a new Gun Range in the Atlanta Georgia area (on Roswell Rd in Sandy Springs), it was suppose to be high tech, have movable targets and also include a gun store. I decided to invest in it, while I have no active role in the day to day management, I felt that under the new FCC disclosure require...

Section 922 Paragraph R states: "It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925(d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except ...

Tom Mighel at Inter Alia, an internet legal research weblog, listed the NFA Gun Trust Lawyer Blog as the Blawg of the day. Blawg is a term used in the legal community for a legal blog. ...

Yes it is legal in most instances to travel with your NFA firearms (those sold by a class 3 dealer and often referred to as TItle II firearms). You will have the same restrictions as traveling with a normal firearm but also need to comply with the regulations for interstate travel with a NFA firearm. For more information on transporting ...

One of the most common questions I get pertains to the use of regular or other so called gun trusts for the purchase of items restricted by the NFA. The are many differences between a family, limited, or standard revocable trust and our NFA Firearms Trust. The biggest difference is that other types of revocable trusts are designed to p...

A Washington state gun store prepared an invalid trust for their customer and the ATF approved three Form 4 transfers. Not only is the preparation of a trust by a non-lawyer the unauthorized practice of law, but it also could put you at risk of an invalid transfer, possession, and use charge by the ATF which could subject you to forfeitur...

There have been many discussions on this and it appears that as of July 2010 the answer is: Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm's configuration is permanently changed or removed from the purview of the NFA. ...

If I put my original barrel back on my SBR or SBS, can I take it across state lines without using an ATF Form 5320.20? If you no longer own the barrel, you can do this, but if you still own or possess the short barrel, the item is still restricted by the NFA unless you remove the item from the NFA by contacting the ATF. ...

The SBR r SBS will be removed from the NFA and will not be regulated under the NFA as long as the owners does not maintain possession or control over the short barrel. While there is no requirement to notify the ATF of the transfer of an item which has been removed from the NFA, the ATF does recommend that you notify the NFA branch of suc...

According to the July 2010 Training handbook, the ATF states that the Statute of Limitations for a violation of the NFA is 3 years ...

If you still own or have control over the barrel or parts required to assemble the SBR or SBS, the firearm would still be subject to NFA transfer and possession regulations. ATF recommends contacting State law enforcement officials to ensure compliance with state and local law. (In Florida and some other states, possession of a barrel and ...

Under the NFA the serialized receiver is what is recorded for registration in the National Firearms Registration and Transfer Record (NFRTR) ...

We are often asked for a list of Class III dealers. There is a website that lists Class III dealers in many states. GunTrustLawyer.com is a sponsor of the site as we have found it to be a useful site to our clients. ...

The Supreme Court has ruled today in an opinion by Judge Alito that the 2nd Amendment applies to the states through the 14th. More to come later. If you want to read the decision it's posted on the Supreme Court Website - McDonald v. Chicago or from our website McDonald_v_Chicago.pdf ...

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Just got an email from Kenn Blanchard, the host of The Urban Shooter Show and author or Black Man with a Gun asking if I could talk about Gun Trusts tonight June 14, 2010 at 7:30 EST. If you have questions, you may want to listen to the podcast. ...

Auction arms has a FFL Finder that may help you find a local dealer to do your Class III Transfers. Check out the FFL Finder. ...

Want to ask a question about Title II firearms or the NFA and NFA trusts, I will be the guest of Tom Gresham on Gun Talk tomorrow (June 6th) at 3 PM EST. Call 1-866-825-5486 to ask questions or just email us. If you do not get Gun Talk in your area, you can listen to one of the many live streams or download it on iTunes You can also l...

While times have varied greatly over the last few years, it appears that the time your ATF Form 4 or Form 1 will take for approval seems to be tied to who the examiner is. A website NFATRACKER.com is collecting information on the times and offers some reporting on how long various transfers are taking. While the site is gaining speed and...

If you want to use multiple caliber barrels on a SBR or SBS there here are some guidelines that will help you fill out your ATF Form 1, which are also found on our updated How to fill out a Form 1 for a Trust Page. 4c should contain the caliber or gage of the firearm. Only one is acceptable. ( Multi is not acceptable, you can only list o...

Some dealers are currently providing trusts to their customers to avoid the Chief Law Enforcement Officer (the "CLEO") signoff that is required for individual purchasers of Title II Firearms. When a non-lawyer dealer fills out or creates a trust for an individual they are violating their state's unauthorized practice of law ("UPL") statute...

Many individuals are using Quicken, LegalZoom, or traditional revocable trusts to purchase firearms regulated by the NFA. A traditional trust is not appropriate for the purchase, transfer, or use of NFA firearms because of the unique characteristics of these firearms. A typical revocable trust is created to protect an individual from oth...

We have several Texas NFA Gun Trust Lawyers that we work with. While it is not necessary to visit the lawyers office, we have Gun Trust lawyers we work with in Austin, San Antonio, Dallas, Midland, and Houston. If you are talking with a lawyer about a NFA firearms trust for the purchase of Title II firearms from a Class III dealer remembe...

Here is a clip from Fox News about gun safety and Eddie the Eagle, the NRA mascot. Watch the latest news video at video.foxnews.com ...

Alabama Governor Riley signed a bill into law making Short Barreled Riffles and Shotguns legal to own. The law was signed on 4/14/2010 and becomes effective on 7/5/2010. If you have a NFA Gun Trust, there is nothing you need to do, to be able to purchase these items after 7/5/2010. This also means if you are going to travel to Alabama, ...

Paul Clark has written an article where he notes that if you use of most Title II firearms during a crime of violence or drug trafficking you are subject to a 30 year mandatory minimum sentence. It appears that the 30 year sentence applies to the possession and its use is not required. Note this applies even if you are legally in posses...

If a NFA Trust or Gun Trust is not funded, it does not exist. It's important to have a trust funded for it to exist. This is one of the reasons ATF requires an Schedule A or Assignment Sheet. This shows that there are assets in the trust. Many Trusts are rejected by ATF as invalid because of their appearance of being invalid by not hav...

For those of you who couldn't make it. Knob Creek is a machine gun shoot that should not be missed. Here is one of the video's I took with my camera. And another short video ...

Lately we are seeing many people whose Trusts are being rejected by ATF. It appears that ATF has finally decided to try to determine if trusts are valid before allowing people to use a Form 1 or Form 4 transfer. The bad news is many individuals are finding out that Quicken is not up to date in some states like Florida, and that copies of...

Next weekend is the Bi-Annual Machine Gun Shoot at the Knob Creek Gun Range. Over 15,000 people and 800 vendors are expected to attend. If you are planning on attending let me know and perhaps we could meet at the show. Here is a link for some general information and here is the 2010 Machine Gun Shoot Schedule Knob Creek Gun Range 690 R...

While its legal to give someone a form for a trust or will to fill out, its illegal for a non-lawyer to help them complete the form or fill it out for them. Gerry Beyer of the WIlls, Trust & Estate Prof Blog brought my attention to this issue. Many software manufactures, firearms manufactures, gun stores, and individuals do not unders...

Publication ATF 5300.4 in 27 CFR 479.102 (page 92) describes what is necessary to engrave on a SBR or SBS when one is manufacturing. This is not necessary if you purchase one that is already manufactured as it will have been done for you. 1) On the Frame or Receiver the Serial number; 2) on the frame, receiver, or barrel the following ...

Recently I was asked by one of the attorneys I work with about provisions for a will to deal with the NFA firearms that an individual owns outside of their trust. I wrote something on this topic which can be found on my Florida Estate Planning Lawyer Blog in an article How to deal with NFA and Non NFA Firearms in a Will ...

The Topics to be covered are McDonald v. Chicago: From Heller to Chicagoland: Incorporation of the 2nd Amendment Future Areas of Litigation "Presumptively Lawful" Restrictions after Heller & McDonald Concealed Carry Licenses & Licenses Required to Possess or Acquire a Firearm Self-Defense Laws and Cases Inter...

Some are calling McDonald v. Chicago - Heller for the rest of us. A few minutes ago, at 10 AM EST the Supreme Court of the United States began hearing the oral arguments in McDonald v. Chicago, a major Second Amendment case that is expected to determine if states and cities must comply with the Second Amendment of the US Constitution. ...