Articles Posted in NFA Gun Trust

Florida Firearms Law 101: Real issues taught by  Florida attorneys

 

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Florida Firearms Law 101

Please help spread the word about or new Florida Firearms Law Class.   Below is a description of the class

This class is designed for those who have their concealed carry permits and desire further training in legal compliance. Presented by licensed Florida attorneys who practice extensively in Firearms issues, each session wraps up with a Q&A session where the participants are permitted to ask the attorney any questions they may have related to firearms law in Florida.

This is an invaluable class to help you protect your legal and financial interests that accompany the responsibility associated with being a law-abiding firearms owner.

The Florida Firearms Attorneys will discuss:

  1. Federal and State Prohibitions
  2. Laws relating to Concealed and Open Carry
  3. Common Mistakes Florida CWP holders make and how to avoid them
  4. Statewide Firearm Preemption
  5. Return of Firearms after Seizure
  6. Constitutional Issues
  7. The Law of Self-Defense and Stand Your Ground in Florida
  8. Other Current Issues including Gun Trusts and 41F
  9. PLUS: There will be a Q&A with licensed attorneys who focus in litigating firearms law matters and are actively involved in Firearms litigation around the state.

To register or find out more follow this link

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If you are unable to attend on this date and would like to be notified of future classes, please let us know.

41F was published today in the Federal Register.  Here is a link to 41F as filed which is similar to the draft that has been circulating.

41F will be effective 180 days from today or on Wed July 13, 2016.  Applications filed prior to July 13, 2016 will be handled under the current rules.  Applications filed with the ATF after July 13 will have require a CLEO notification, fingerprints and photographs for each responsible person.

The biggest change for Gun Trusts and other legal entities between 41P and 41F is the change from the CLEO certification to a CLEO Notification for each responsible person.  In addition ATF significantly limited the definition of a “responsible person” as compared to what was originally presented in 41P.  The CLEO notification in 41F appears to be limited to trustees and co-trustees in most trusts, but can be expanded because of the terms of the trust to also include beneficiaries and others with the ability to manage and possess the NFA firearms.  These changes happened after more than 9500 comments  were received in response to 41P. – For links to the major comments see our 41P page.

The final rule attempts to clarify the definition of a “responsible person” for trusts and legal entities, but leaves much ambiguity because of the way it that it was written.   While it is clear that a trustee or co-trustee is a responsible person, many other trusts will create responsible parties by giving individuals the power to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearms for, or on behalf of the trust.

The important part here, is that if your trust gives the power to receive, or possess (hold or use) a NFA firearm, they will be a responsible person and be subject to CLEO notification and the other requirements imposed under 41F as published.

Normally in most trusts a beneficiary or successor trustee would not be considered a Responsible person, but in some gun trusts I have reviewed, the trust permits beneficiaries or others named in a trust or will or separate document to have possession and use the firearms.  These people, in my opinion, would be responsible persons under the the  Definition found in 27 CFR 479.11

The ATF has indicated that if a trust references another document, schedule or exhibit it will need to be submitted along with the trust when the application to make or transfer a NFA firearm is being submitted.

Some lower priced Gun Trusts seem to refer to beneficiaries named in your will or some other document outside of the trust.  This would mean that you would have to submit your will  or the other documents along with your trust for approval.  If you do not have a will, your trust may not be valid or your application may not be approved.  If your Gun Trust names another document for your beneficiaries, you may want to amend your trust to list your beneficiaries.

As additional form are released, we will continue to update our example pages for how to fill out these new forms.  Links to the current forms for a Form 1, 3, 5, 20 and other useful information on additional configurations and engraving can be found on https://www.guntrustlawyer.com/signing

This rule adds a new section to 27 CFR  – part 479 to address the possession and transfer of NFA items registered to a decedent but this does little other than to codify how the ATF previously dealt with estates.

Joshua Prince and Allen Thompson have written a law review article which was just published on The Inalienable Right to Stand Your Ground that was published in the St Thomas Law Review journal.

Many of our clients seek to protect their firearms by suing Gun Trusts or NFA Trusts,  This article seeks to explore what rights we have to firearms and when our rights to use them should be protected.

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Do you own firearms? If so, an estate plan should include provisions on how to deal with your firearms in the event of your death. The problem with traditional estate planning or using the state’s default rules is that they are both designed to deal with objective decision-making while the thought process involved in giving someone a firearm is objective as well as subjective.

Think about the following issues that do not cause problems with a bank account or other financially based asset but could be devastating with firearms.
1) The location you your children or beneficiaries live at when you die.
2) The legal status of the firearms you own in those states.
3) The logistics of getting the firearms to those states, assuming it would be legal to do so.
4) The legal status of your beneficiary on the date of your death or at the time the transfer is contemplated.
5) What are the legal requirements of possession or use in the state where your beneficiaries live.
6) Who will be your successor trustee or personal representative?
7) The legal status of them to possess or manage firearms?
8) The subjective decision as to if it would be proper to give one or more of the beneficiaries the firearms. ( are they mature and responsible enough as well as is it the right moment in time that you would hand them a gun if you were there to make a decision)

A normal will or trust typically says wait until my child is 25 then give them my Glock or ther firearm. Some of the problems may be that you child lives in CA or one of the states where your Glock is not legal, you child has decided that medical marijuana is wonderful and is a prohibited person under federal laws, your child is in the middle of a nasty divorce or under great financial pressure.

Under these or other circumstances it is easy to see how your firearm could become a weapon and cause your family member to be incarcerated. In addition, there is no legal standard to make sure the family member or friend that you typically would choose to manage your other assets will know anything about guns or be legal to possess them.

As you can see a Gun Trust is the responsible way to own firearms and can even offer asset protection for you and your family members. If you own firearms and would like your estate plan reviewed to correct inadvertant mistakes that are made on a regular basis or to have us create an estate plan for your and your family, use the contact form on the right or call us to discuss your situation.

If you own firearms and have done estate planning, you might want to review your planning with a Gun Trust Lawyer®. About 5 years ago, I recognized the problems that are inherent with traditional estate planning (wills, revocable trusts, or the default planning offered by each state) as they relate to firearms.

Most Estate Planning is designed to deal with financial instruments and not the issues that surround the purchase, transfer, possession, and use of firearms.

Did you know that you will or trust probably contains language that instructs your family and friends to break the law after you die? Before you put your family and friends at risk of violating the law or giving a firearm to someone who you would not want to hand a gun, you should talk to your Florida Estate Planning Lawyer about creating a Gun Trust.

While gun trusts are great for regular firearms they have additional advantages when it comes to the purchase, use, possession, and transfer of the more restricted firearms like those sold by Dealers with Class 3 SOT licenses.

To learn more about Gun Trusts, visit the NFA Gun Trust Lawyer® blog

Over the past several years the Law Office of David M. Goldman PLLC has expanded into several additional practice areas. As these practice areas grown we have been adding staff and creating more informational blogs to help consumers and our clients understand some of the common legal issues. May of our current readers do not realize that we cover these additional practice areas so I wanted to take a moment to update you with them:

For those of you who use an iPhone, we are trying to make some of the information and resources available through our new

Law Office of David M. Goldman PLLC iPhone Application
.

Our main Website is for the

Law Office of David M. Goldman PLLC

The

Florida Estate Planning Lawyer Blog

covers a variety of topics focusing on Asset Protection, Estate Planning, Elder Law, Guardianship, and Probate

The

NFA Gun Trust Lawyers Blog

covers unique issues involved with estate planning, the purchase, possession, use, and transfer of firearms including those regulated by the National Firearms Act. Helps provide guidance on a National level through a network of over 150 lawyers in 43 states.

The

Jacksonville Criminal Defense Lawyers Blog

covers issues related to criminal defense, case-law updates, and legislative changes as they relate to protecting your rights from restrictions by the State of Florida dealing with your freedom.

The

Florida Foreclosure Defense Lawyers Blog

covers issues in Florida and around the country that help homeowners protect their home which is often their single biggest purchase. While we write on topics that have relevance to the entire state, our practice area focuses on the counties surrounding Duval or the City of Jacksonville and its surrounding area.

The

Jacksonville DIvorce Attorney Blog

covers topics relating to your family life, marriage, divorce, child custody, support and guardianship. Many of the articles help our clients to understand what can happen in these very emotional times and how slight differences in the circumstances can make a significant difference.

The

Jacksonville Personal Injury Lawyer Blog

covers issues relating to injury and compensation for the negligence of others. This is our newest blog and will be launching in the next few weeks.

The

Jacksonville Bankruptcy Lawyers Blog

covers topics related to bankruptcy and specific circumstances that may allow one to qualify for certain exemptions and benefits afforded under the Federal bankruptcy Code.

We hope you enjoy our postings and take the time to visit some of out other blogs that cover different Florida legal issues as over 50,000 people a month do. If you have a question regarding one of these area or something involving a legal issues in Florida, please Contact us and one of the lawyers in that practice area will respond.

estate-probate-elderlaw-winner-220x180.JPG-550x0.jpgI would like to thank everyone who voted for us. We were selected on of the Top 25 Estate Planning Blogs of 2011.

Now LesixNexis is selecting the top estate planning blog of the year and you still have the opportunity to vote for us one last time. Even if you did not vote in the previous selection you can still vote.

Step 1: You will need to be registered in order to vote. If you haven’t previously registered, follow this link to create a new registration or use your sign in credentials from your favorite social media site. Registration is free and does not result in sales contacts. Once you are logged in, you can then vote by checking the box next to your favorite estate, probate and elder law blog then submitting the results.

There are several blogs that have names similar to ours so remember to select the one which has my blog and personal name the entry will be listed as:
Florida Estate Planning Lawyer Blog (David Goldman)

Florida Gun Trusts are not the same as a standard Revocable or Living Trust.

We are getting more and more so called Gun Trusts that have been prepared by lawyers in Florida and other states that are nothing more than a traditional revocable trust with a few definitions thrown in to discuss the National Firearms Act.

The biggest problem with these trust is that they do not protect your family in the event you die or become incapacitated. If your trust talks about income and real estate or does not seem to be specific for firearms, you may want to have it reviewed by a Gun Trust Lawyer to see if your trust instructs your family or friends to break the law and subject themselves to the penalties of the NFA.

Not all trusts are created the same, if you think you have a NFA Gun Trust and it does not contain our copyright it is not our trust.

guns.gif What is a NFA Trust? Can a Gun Trust be used for Assault Weapons?

A new concept in Estate planning is creating a trust to protect the families firearms. For the past few years the public has been using NFA Gun Trusts for the purchase and protection of Title II, those sold by a Class 3 SOT,firearms that are restricted by the NFA. Most gun enthusiast expect there to be a renewed ban on Assault Weapons that becomes permanent. To protect your families assault weapons, you might consider a new twist to the NFA Gun Trust – the Assault Weapons Trust. It might be a good idea to transfer your Assault Weapons into a Assault Weapons Trust before there is a ban on future transfers of these firearms.

guns.gif A new concept in Estate planning is creating a trust to protect the families firearms. For the past few years the public has been using NFA Gun Trusts for the purchase and protection of Title II firearms that are restricted by the NFA. Most gun enthusiast expect there to be a renewed ban on Assault Weapons that becomes permanent. To protect your families assault weapons, you might consider a new twist to the firearms trust – the Assault Weapons Trust. It might be a good idea to transfer your Assault Weapons into a Assault Weapons Trust before there is a ban on future transfers of these firearms.

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