Jacksonville FL, St. Augustine, Orange Park, Jacksonville Beach, Ponte Vedra Beach
April 12, 2009

Assault Weapons Trust

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 Firearms 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 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.

March 6, 2009

Divorce and effect on Revocable Trust under Florida Law

Often a Florida Revocable Trust is not modified promptly upon a divorce. If the trust is subject to Florida law, Florida Statutes 736.1105 can amend the trust when the prior spouse is named as a beneficiary and the other spouse creates the trust.

736.1105 Dissolution of marriage; effect on revocable trust.--Unless the trust instrument or the judgment for dissolution of marriage or divorce expressly provides otherwise, if a revocable trust is executed by a husband or wife as settlor prior to annulment of the marriage or entry of a judgment for dissolution of marriage or divorce of the settlor from the settlor's spouse, any provision of the trust that affects the settlor's spouse will become void upon annulment of the marriage or entry of the judgment of dissolution of marriage or divorce and any such trust shall be administered and construed as if the settlor's spouse had died on the date of the annulment or on entry of the judgment for dissolution of marriage or divorce.

If you have a joint trust that was not addressed in a divorce decree or anulent or have recently been divorced, you should Contact a Florida Estate Planning Lawyer to review your trust to make sure that your ex-spouse is treated as per your intentions and not what your documents state.

February 7, 2009

Assault Weapons Trust

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 Firearms 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.

December 28, 2008

NFA Gun Trust

As many of you have noticed the Firearms articles on this site have been transitioned to the NFA Gun Trust Lawyer website. If you are in Florida or South Carolina and are looking for a Florida Gun Trust Lawyer or South Carolina Gun Trust Lawyer Contact us or visit NFA Gun Trust Lawyer website for more information. If you are looking or a gun trust in another state you can contact the Apple Law Firm or NFA Gun Trust Lawyer website.

June 26, 2008

Supreme Court Rules on Individuals Rights to Bear and Keept Arms

NFA Gun Trust Lawyer blog has an article on the 150 + page decision issued today in the gun rights case before the Supreme Court. Looks like good news for gun owners but it will take sometime to digest the full opinion which is over 150 pages. There is a link to the Supreme Court Gun Case also

May 14, 2008

Automatic gun transfer nets prison sentence

A new Blog ( Gun Trust Lawyer ) dedicated to Gun Trusts and issues related to the ownership of class 3 weapons (which I started) has an article on a man who was arrested for an improper transfer of a unknown class 3 machine gun.

His gun misfired and was reclassified as a Machine Gun. This along with allowing a potential buyer to shoot it at a range resulted in the invalid transfer of a Class 3 Weapon, a crime punishable under the NFA with a sentence of up to 10 years in jail.

These are the types of transfers a NFA FIREARMS TRUST can help prevent.

The is the link to the article on Invalid Class 3 Gun Transfer

April 16, 2008

Tennessee NFA Gun Trust Lawyer: Class 3 Firearms Trust

Tennessee has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a Tennessee NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in Tennessee or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 firearms Contact a NFA lawyer in your state

If you are a lawyer licensed in any state and would like to work with us to provide NFA trusts to clients in your state, please Contact David Goldman a Florida Gun Trust Lawyer.

April 16, 2008

Florida's Govenor Signs NRA backed Gun Law

Florida Governor Charlie Crist today signed important National Rifle Association (NRA)–backed legislation into law that will protect the existing rights of law-abiding gun owners. House Bill 503 preserves the self-defense rights of law-abiding men and women as they travel in their cars to and from their daily activities.

“Customers and workers should not have to choose between protecting themselves or following the political policies of an anti-gun business,” said NRA Past President Marion P. Hammer. “The right to protect oneself must be maintained no matter where you park your car.”

This legislation protects the rights of gun owners to possess a firearm in any private motor vehicle in a parking lot, and prevents businesses from searching private vehicles of customers or employees.

“This is a great day for the people of the state of Florida,” concluded Hammer. “Their right to keep and bear arms for self-defense and other lawful purposes has been restored.”

April 15, 2008

Virginia NFA Gun Trust Lawyer: Class 3 Firearms Trust

Virginia has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a Virginia NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in Virginia or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 firearms Contact a NFA lawyer in your state

If you are a lawyer licensed in any state and would like to work with us to provide NFA trusts to clients in your state, please Contact David Goldman a Florida Gun Trust Lawyer.

April 10, 2008

Workers Allowed to Keep Guns in Cars

The Florida Legislature has passed a bill allowing employees to keep gun in their cars while at work. Currently employers have been able to prohibit employees from keeping guns in their cars while on company parking lots. The new bill will allow workers to leave their personal weapons in their vehicles on company owned parking lots.

April 5, 2008

Louisiana NFA Gun Trust Lawyer: Class 3 Firearms Trust

Louisiana has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a Louisiana NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in Louisiana or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 firearms Contact a NFA lawyer in your state

If you are a lawyer licensed in any state and would like to work with us to provide NFA trusts to clients in your state, please Contact David Goldman a Florida Gun Trust Lawyer.

April 4, 2008

Mississippi NFA Gun Trust Lawyer: Class 3 Firearms Trust

Mississippi has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a Mississippi NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in Mississippi or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 firearms Contact a NFA lawyer in your state

If you are a lawyer licensed in any state and would like to work with us to provide NFA trusts to clients in your state, please Contact David Goldman a Florida Gun Trust Lawyer.

April 3, 2008

Ohio NFA Gun Trust Lawyer: Class 3 Firearms Trust

Ohio has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a Ohio NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in Ohio or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 firearms Contact a NFA lawyer in your state

If you are a lawyer licensed in any state and would like to work with us to provide NFA trusts to clients in your state, please Contact David Goldman a Florida Gun Trust Lawyer.

March 19, 2008

Nebraska NFA Gun Trust Lawyer: Class 3 Firearms Trust

Nebraska has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a Nebraska NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in Indiana or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 firearms Contact a NFA lawyer in your state

If you are a lawyer licensed in any state and would like to work with us to provide NFA trusts to clients in your state, please Contact David Goldman a Florida Gun Trust Lawyer.

March 19, 2008

Supreme Court Hears Arguments in D.C. Gun Ban Case

The Supreme Court heard oral arguments in District of Columbia v. Heller, a case the Court has stated is "limited to the following question: Whether Washington, D.C.'s bans [on handguns, on having guns in operable condition in the home and on carrying guns within the home] violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes."

The case came before the Supreme Court on appeal by the District of Columbia, after the U.S. Court of Appeals for the District of Columbia declared the city's gun bans unconstitutional.

The Court of Appeals decision--consistent with the views of the Framers of the Bill of Rights, respected legal commentators of the 19th century, the Supreme Court's ruling in U.S. v. Cruikshank (1876), numerous court decisions of the 19th century, the Supreme Court's ruling in U.S. v. Miller (1939), the position of the U.S. Department of Justice, and the vast majority of Second Amendment scholars today-concluded that "the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad)."

In today's argument, the Justices aggressively questioned advocates for all sides, including Walter Dellinger for the District, Solicitor General Paul Clement for the Department of Justice, and Alan Gura for the plaintiffs challenging D.C.'s law.

Some justices' questions clearly suggested where they stand-as when Chief Justice John Roberts, questioning the District's Dellinger, scoffed at the idea that a citizen awakened by an intruder in the middle of the night could "turn on the lamp . pick up [his] reading glasses," and disengage a trigger lock. Dellinger back-pedaled from D.C.'s longstanding position that its laws prohibit self-defense, claiming that D.C. actually supports citizens having functional firearms for defense.

Justices extensively questioned all three attorneys on the meaning and effect of the Second Amendment's "militia clause," with Dellinger taking the extreme position that unless a state "had attributes of [a state] militia contrary to a Federal law," the Second Amendment would have no effect as a restraint on legislation. Several justices seemed to disagree strongly with that view, with Justice Antonin Scalia noting that even if the militia clause describes the purpose of the Second Amendment, it's not unusual for a law to be written more broadly than necessary for its main purpose.

Justice Anthony Kennedy questioned the attorneys very actively, especially on the importance of self-defense in the Founding era. Justice Kennedy suggested that even the Supreme Court's 1939 Miller decision-which gun control advocates have often wrongly cited as protecting only a "collective" right-was "deficient" and may not have addressed the "interests that must have been foremost in the Framers' minds when they were concerned about guns being taken away from the people who needed them for their defense."

Plaintiffs' attorney Gura-in addition to responding to many hypothetical questions-noted that the Second Amendment was clearly derived from common law rights described by Blackstone and other 18th Century commentators. Although the militia clause "gives us some guide post as to how we look at the Second Amendment," Gura said, "it's not the exclusive purpose of the Second Amendment."

NRA Executive Vice President Wayne LaPierre and NRA-ILA Executive Director Chris Cox (who both attended the arguments) commented, "Washington, D.C.'s ban on keeping handguns and functional firearms in the home for self-defense is unreasonable and unconstitutional under any standard. We remain hopeful that the Supreme Court will agree with the overwhelming majority of the American people, more than 300 members of Congress, 31 state attorneys general and the NRA that the Second Amendment protects the fundamental, individual right to keep and bear arms, and that Washington, D.C.'s bans on handguns and functional firearms in the home for self-defense should be struck down."

Amicus briefs filed with the Supreme Court in support of the Court of Appeals' decision included those by the National Rifle Association and the NRA Civil Rights Defense Fund; Vice-President Dick Cheney (in his capacity as President of the Senate) and Members of Congress; the state attorneys general; and noted Second Amendment scholars. All the briefs in the case are available at www.nraila.org/heller.


Listen to the audio recording of the oral arguments (RealPlayer required)

View the transcript (PDF format)

March 18, 2008

Indiana NFA Gun Trust Lawyer: Class 3 Firearms Trust

Indiana has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a Indiana NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in Indiana or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 firearms Contact a NFA lawyer in your state

If you are a lawyer licensed in any state and would like to work with us to provide NFA trusts to clients in your state, please Contact David Goldman a Florida Gun Trust Lawyer.

March 5, 2008

NFA Trusts - Certificate of Trust will not work

The BAFTE will no longer accept a certificate of trust with a Form 1 or Form 4 application for the purchase of Class III items. According to the person in charge of reviewing all trusts, all applications without the declaration of trust will be rejected.

There are many unique issues with Class 3 ownership and the typical trust does not deal with these issues. Please review the information on NFA Firearms Trust to protect yourself and your family from the $250,000 penalty and 10 years in jail which are associated with the improper transfer or possession of these items.

To find a lawyer in your state who can help with a NFA Firearms Trust please Contact an Estate Planning Lawyer

February 27, 2008

North Dakota NFA Gun Trust Lawyer: Class 3 Firearms Trust

North Dakota has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a North Dakota NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in North Dakota or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 firearms Contact a NFA lawyer in your state

If you are a lawyer licensed in any state and would like to work with us to provide NFA trusts to clients in your state, please Contact David Goldman a Florida Gun Trust Lawyer.

February 22, 2008

Interstate Transfer of Class 3 NFA Firearms

Often I receive inquiries from individuals looking to create a NFA Firearms Trust to purchase Class 3 Firearms. Several times these individuals are looking to keep these Firearms in their vehicle, motor home, or boat. Individuals, Trusts, Corporations, and LLC's must get permission to transport these items interstate.

The NFA has an Application to Transport Interstate or to Temporarily Export Certain national Firearms Act (NFA) Firearms.

A written request and prior authorization from ATF to transport interstate or in foreign commerce any destructive device, machinegun, short-barreled rifle, or short-barreled shotgun is required under the provisions of Section 922 (a)(4), Title 18, U.S.C., and Section 478.28, Title 27 CFR, a letter of request, in duplicate, containing all information required on this form, may be submitted in lieu of the form.

The registered owner of NFA firearm(s) shall complete two copies of ATF Form 5320.20 and forward the forms to the Director, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405 (Attention: NFA Branch).

The original of ATF Form 5320.20 will be returned to the registered owner. Approval authorizes the registered owner to transport the designated firearm(s) only during the time period specified in item 3. THE AUTHORIZATION DOES NOT CARRY OR IMPORT RELIEF FROM ANY STATUTORY OR REGULATORY PROVISIONS RELATING TO FIREARMS OTHER THAN 27 CFR 478.28.

In the event item 2 is checked “yes” and the firearm(s) is not returned to the original location by the date specified, the registered owner shall submit a new application on ATF Form 5320.20 to receive approval to return the firearm(s).

If a contract or common carrier is used to transport the firearm(s) a copy of ATF Form 5320.20 shall be furnished to the carrier and shall be in the possession of the carrier for the duration of the transportation. This will meet the requirements of sections 922(e) and (f) of the Gun Control Act of 1968.

Privacy Act Information
1. Authority. Solicitation of this information is made pursuant to the Gun Control Act of 1968 (18 U.S.C. 922(a)(4)). Disclosure of this information by the applicant is mandatory if the applicant wishes to transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle.

2. Purpose. To determine whether the proposed transaction of the listed items is reasonably necessary and consistent with the public safety and applicable State and local law.

3. Routine Uses. This information will be used by ATF to make the determination set forth in paragraph 2. No information obtained from an application, registration, or records required to be submitted by a natural person in order to comply with provisions of the National Firearms Act or regulations issued thereunder, shall except in connection with prosecution or other action for furnishing false information be used, directly or indirectly, as evidence against that person in any criminal proceeding with filing of the application.

4. Effects of Not Supplying Information Requested. Failure to supply complete information will delay processing and may cause denial of the application.

February 20, 2008

Alabama NFA Gun Trust Lawyer for Firearms Purchases

Alabama has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a Alabama NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in Alabama or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 items Contact a NFA lawyer in your state

If you are a lawyer licensed in any state and would like to work with us to provide NFA trusts to clients in your state, please Contact David Goldman a Florida Gun Trust Lawyer.

February 18, 2008

South Carolina NFA Gun Firearms Trust Lawyers

South Carolina has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a South Carolina NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in South Carolina or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 items Contact a NFA lawyer in your state

If you are a lawyer licensed in any state and would like to work with us to provide NFA trusts to clients in your state, please Contact David Goldman a Florida Gun Trust Lawyer.

February 18, 2008

Wisconsin NFA Gun Trust Lawyer

Wisconsin has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a Wisconsin NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in Wisconsin or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 items Contact a NFA lawyer in your state

February 14, 2008

Pennsylvania National Firearms Gun Trust (NFA Class 3)

Pennsylvania has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a Pennsylvania NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in Pennsylvania or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 items Contact a NFA lawyer in your state

February 13, 2008

Texas NFA Firearms Trust (Class 3) Purchases

Texas has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns.

If you are looking to create a Texas NFA Firearms Trust, please Contact us and we can help make sure your trust deals with the many unique issues surrounding owning these firearms in a Revocable Trust

If you live in Texas or another state and wish to create a NFA trust to protect your family and purchase NFA Class 3 or Class 1 items Contact a NFA lawyer in your state

If you are a lawyer licensed in any state and would like to work with us to provide NFA trusts to clients in your state, please Contact David Goldman a Florida Gun Trust Lawyer.

January 22, 2008

Florida Firearm Legislation Has Been Filed

Below is some information I on proposed Florida gun legislation.

The following bills have been filed to protect your constitutional and statutory right to have a firearm stored in your vehicle in a parking lot for self-defense and other lawful purposes.

House Bill 503 by Greg Evers (R) (CO-SPONSORS) Mitch Needelman (R)
Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008:
Creates "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008"; prohibits public or private entity from prohibiting customer, employee, or invitee from possessing any legally owned firearm that is lawfully possessed & locked inside or locked to private motor vehicle in parking lot; prohibits such entities from violating specified privacy rights by verbal or written inquiry or by search to ascertain presence of firearm within motor vehicle; prohibits certain actions by public or private entity against customer, employee, or invitee; prohibits employer from conditioning employment upon agreement by prospective employee that prohibits employees from keeping legal firearm locked inside motor vehicle; prohibits employer from attempting to prevent or prohibiting any customer, employee, or invitee from entering parking lot of employer's place of business when customer's, employee's, or invitee's motor vehicle contains legal firearm; prohibits employers from terminating employment of or otherwise discriminating against employee, or expelling customer or invitee, for exercising specified constitutional rights; provides specified immunity from liability; provides for enforcement of act; provides for award of costs & attorney's fees.

Senate Bill 1130 by Durell Peaden (R) Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008: Creates "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008"; prohibits public or private entity from prohibiting customer, employee, or invitee from possessing any legally owned firearm that is lawfully possessed & locked inside or locked to private motor vehicle in parking lot; prohibits such entities from violating specified privacy rights by verbal or written inquiry or by search to ascertain presence of firearm within motor vehicle; prohibits certain actions by public or private entity against customer, employee, or invitee; prohibits employer from conditioning employment upon agreement by prospective employee that prohibits employees from keeping legal firearm locked inside motor vehicle; prohibits employer from attempting to prevent or prohibiting any customer, employee, or invitee from entering parking lot of employer's place of business when customer's, employee's, or invitee's motor vehicle contains legal firearm; prohibits employers from terminating employment of or otherwise discriminating against employee, or expelling customer or invitee, for exercising specified constitutional rights; provides specified immunity from liability; provides for enforcement of act; provides for award of costs & attorney's fees.

WHY THESE BILLS ARE NEEDED

These bills will stop business entities from searching private vehicles and violating the constitutional rights of customers and employees.

Your Second Amendment rights are at the very heart of this issue. In addition to prohibiting searches of private vehicles in parking lots, these bills also prevent businesses from asking customers or employees to disclose what personal private property is stored in private vehicles and prevents action against customers and employees who refuse to divulge that private information. Furthermore, it prohibits action against a customer or employee based on information provided by a third party.

Some Florida businesses are trying to ban firearms in cars in parking lots used by customers and employees. They are discriminating against people who exercise their constitutional rights – they are violating the constitutional rights of gun owners and Florida law.

Corporate giants have been trampling constitutional rights. Some are even attempting to coerce and intimidate gun owners into giving up their constitutional rights as a condition of employment.

Your Rights are in Danger!

Carrying firearms in a vehicle for hunting, target shooting or protection of yourself and your family obviously means you can leave that firearm locked in the vehicle in a parking lot when you go grocery shopping, to the doctor's office, to a movie theater, to visit a sick friend in the hospital, to rent a movie, to the shoe store or anywhere else normal people travel to conduct business.

Florida law, the U.S. Constitution, and the Florida Constitution clearly and unequivocally give law- abiding citizens the right to have firearms in their vehicles for lawful purposes.

How can anyone justify telling a woman who is being stalked that she can't have a firearm for protection? In many cases police tell these women to get a gun for protection because police can't be there to protect them -- and calling 911 is nothing more than government sponsored dial-a-prayer.

A business owner or manager has no more right to say you can't have a firearm in your private vehicle than they have a right to say you can't have a pair of sunglasses, an umbrella, a Bible or a baby seat.

Such an anti-gun political exercise is not good business sense. They want your money, but don't respect your rights.

Businesses are not allowed to discriminate against employees and customers because of race, religion, political party, color of eyes, hair or weight. And they certainly can't discriminate because of the exercise of lawful self-defense. And, make no mistake, these gun ban policies are blatant discrimination against people who chose to exercise a constitutional right and take responsibility for their own safety.

To find contact information for your State Senator and State Representative, please click here.

January 19, 2008

Gun Licensing and The Supreme Court

Many gun owners are concerned about how the Supreme Court may rule in a case that is before them. A client of mine sent me a video link that shows what has happened in the UK and Australia.

We have seen a substantial increase in the number of people looking to establish NFA Gun trusts in the past few months. Many are concerned with who the next president is and all seem concerned with the outcome of the case before the Supreme Court where a states ability to limit gun ownership is at issue.

January 5, 2008

NFA Trust and Purchase of Class 3 Items

If you live in a Jacksonville or another city in Florida where the Chief law Enforcement Officer (CLEO) will not or easily sign a Form 4, there are several solutions.
Gun Trust, NFA Trust, Jacksonville Gun Lawyer, Florida NFA trust, Class 3 TrustClass 3 Weapons include suppressors, , short barrel rifles, machine guns, and other destructive devices.

The most common solution is to create a NFA revocable trust to hold title to the firearm or class 3 items.

A NFA Gun Trust, Class 3 Firearms Trust, Florida Limited Liability Company, or Florida Corporation is a legal entity established under state law. For NFA purposes many individuals prefer the a Revocable Trust over a corporation or LLC because the cost is far less on an ongoing basis. Business entities typically have state filing fees of around $150 a year. In addition there are the costs of tax preparation, compliance and filings with the IRS. In Florida and many other states Revocable Trusts like the NFA or Firearms trust do not require any disclosure or public filings. This means the ownership, control, and management is private.

Although most Florida Revocable or Living Trusts can hold firearms or other class 3 items, many are not properly setup to deal with the issues involving firearms and other items which are regulated by the National Firearms Act (NFA). If the NFA is violated, the people in possession, and who transferred the items are subject to criminal charges, substantial fines, and forfeiture of not only the class 3 items in question but all firearms in the possession or ownership. ($250,000 penalty, 10 years in prison, and forfeiture of items)

The gun or firearms trust must give the Trustee instructions and special powers so that they can legally manage for unplanned events. Weapons and other assets in a Firearms Trust can not be distributed like other assets upon the death or incapacity of the person who placed the items in the trust(The Grantor or Settlor).

There are many advantages to a firearms trust, if you own or plan to purchase a class 3 items you should contact a lawyer who is familiar with these issues and can design a trust to protect you and your family from liability. If you are in Florida you can contact me and if you are in another state I would be happy to get you in touch with a lawyer in your state who can provide information on Gun Trusts.

December 18, 2007

Do it yourself Estate Planning: Bad News Part 8

Could you imagine an Estate Planning Lawyer selling wills or estate planning documents with a disclaimer in small print that your documents may not be valid in Louisiana or some other state.Jacksonville, Jacksonville Beach, PVB, Ponte Vedra Beach, Orange Park, Florida Will

Today I found another example of when using quicken is a bad idea. Paul Rabalais the author of Estate Planning in Louisiana: A Layman's Guide to Understanding Wills, Trust, Probate, Power of Attorney, Medicaid, Living Wills & Taxes and Your Louisiana Estate Planning Blog wrote an article about how buying Quicken can be the Worst Buy at Best Buy. Apparently there is a small print on their software which says Estate Planning documents Not Valid in Louisiana. I wonder what other states their documents are not valid in. I have examined several trusts created by quicken, and they do not address the new Florida Trust Code that was implemented in 2007.

Some other examples of Do it your self wills and bad news are covered in my articles listed below

Do it Yourself Wills? More bad news and
Do it Yourself Wills? a Good Idea or Not?
Do it yourself Estate Planning: Bad News Part 3
Do it yourself Estate Planning: Bad News Part 4
Do it yourself Estate Planning: Bad News Part 5
Do it yourself Estate Planning: Bad News Part 6
Do it yourself Estate Planning: Bad News Part 7

This is a common mistake found in Florida Probate cases, when people try to make their own wills, or transfer their assets without getting professional help from an attorney or accountant who is familiar with the effects of gifting and estate planning.

If you have used software, a form, or an online service to prepare your will, you should have it reviewed by a Florida Estate planning Attorney for potential problems.

November 21, 2007

NFA Firearms & Gun Trusts? Are they at risk with the Supreme Court?

Jacksonville Gun Lawyer, Florida NRA trust, Gun Trust, Class 3 TrustThis week the Supreme court decided to review a Washington D.C. Court decision that struck down a 31 year ban on pistols.

Many believe that the argument and decision by the Supreme Court will be based upon the widely contested interpretation of the 2nd amendment. Over the past few decades many have argued that the 2nd amendment of the United States Constitution was meant to only apply to states rights to arm their militia. The NRA, pro gun organizations, and many American have insisted that the 2nd amendment clearly applies to the individual rights of United States citizens.

Generally many communities have been imposing tighter restrictions on the rights of their state residents to own and possess guns of all types. The primary concern seems to be based around class 3 weapons which include silencers, short barrel rifles, and automatic weapons. Some states have restrictions on the ownership and possession of these devices in addition to the federal restrictions that are in place. Other states like Florida have no additional state restrictions at this time.

In many states without additional restrictions, the Chief Law Enforcement Officers of those states have refused to sign the documentation necessary for an individual to possess these items. Many have found that a NFA Firearms Trust or Revocable Firearm Trust is the best way to acquire these items.

When one uses a Florida NFA Revocable Trust, the federal government does the processing and any background checks instead of the local CLEO.

Many SWAT team members, police officers, and other government employees who are allowed to use their own firearms in their job have had to resort to creating Gun Trusts.

There are many benefits of a NFA firearms gun trust over owning the firearms as an individual, corporation, or limited liability company. In addition to the benefits, there are many risks associated with an improperly created NFA Firearms trust. These are similar to the risk of ownership of NFA items as an individual.

It has been rumored the decision in this Supreme Court case could affect gun laws and ownership in many additional states.

For more information on a Firearms or Gun Trust please contact a NFA Gun Trust Lawyer.

November 12, 2007

Florida Gun Trusts: (NFA) National Firearms Trust - Update

If you live in a Jacksonville Florida, like many other cities around the country where the (CLEO) Chief law Enforcement Officer of your city will sign a Form 4 for NFA purchases of Class 3 items, there are several solutions.

Jacksonville Gun Lawyer, Florida NRA trust, Gun Trust, Class 3 TrustClass 3 Weapons include suppressors, short barrel rifles, machine guns, and other destructive devices.

The most common solution is to create a revocable trust to hold title to the firearm or class 3 items you desire to purchase. Florida now requires a nexus to the state of Florida to create a Florida Revocable Trust or Florida Gun Trust

A Gun Trust, Firearms Trust, Limited Liability Company, or Florida Corporation are all legal entities that are established under Florida State Law. Each of these entities can purchase and hold firearms. There are some advantages and disadvantages of each legal entity. Generally the Florida NFA Gun Trust is the least expensive to create and maintain. In addition the Florida Gun Living Trust provides complete privacy from the public as Revocable Trusts are not required to be registered or filed with the state. The lack of any required filings means, the only people who know the terms of the trust are those you choose to tell.

Florida Business entities typically cost $150 a year for the state filings in addition to the cost of a CPA to prepare and file the federal filings.

Although most Florida Revocable or Living Trusts can hold firearms or other class 3 items, many are not properly setup to deal with the issues involving firearms and other items which are regulated by the National Firearms Act (NFA). If the NFA is violated, the owners are subject to criminal charges, substantial fines, and forfeiture of not only the class 3 items in question but all firearms in the possession or ownership. ($250,000 penalty, 10 years in prison, and forfeiture of items)

The Florida NFA Gun or Firearms Trust must give the Trustee instructions and special powers so that they can legally manage for unplanned events. Weapons and other assets in a Firearms Trust can not be distributed like other assets upon the death or incapacity of the person who placed the items in the trust(The Grantor or Settlor).

Many individuals are using Quicken or other simple trusts to purchase class 3 items. Before doing something like this you should consider the adverse effects that can be created by this technique.

1) You put your family and friends at risk of criminal and civil penalties in the event of your death or incapacity.
2) What happens if these items are transferred to someone who is not able to accept them because of eligibility, residency, age, or mental condition.
3) What happens if your trust merges with another trust, which will survive.
4) What happens if you will transfers NFA assets to your trust upon your death, can the trustee say no, most trusts do not allow for this.
5) What happens if the beneficiary is under age?
6) Will you know the mental state of the beneficiary, at the time of transfer and who and how will a problem be dealt with?
7) What state will the beneficiary live in at the time of the transfer? Can they accept, or possess these items, if not, what will be done?


If your trust doesn't deal with these issues or you do not understand why they are important, you should speak to a Florida NFA Gun Trust Lawyer to find out the answers. Feel Free call, email or ask any questions using the contact form

Read more articles on Gun Trusts, NFA Trusts, or using Trusts to hold Guns, Weapons or Class 3 items.

November 11, 2007

Estate Planning for Grandpop's Gun in the Chest

jacksonvilleFloridaMachineGun NFA Gun Trust Lawyer Attorney.jpgJoshua Prince, a law student has written another article on NFA Firearm issues and estate planning. The article appears on Neil Hendershot's PA Elder, Estate & Fiduciary Law Blog and is the third in a series on Gun Trusts.
To answer these and other question about Firearms and Estate Planning Please read his article Estate Planning for Grandpop's Gun in the Chest. His article deals with the requirements, benefits, and detriments of registering a weapon as an individual person, corporation , or trust. Many of the issues hold trust for Florida Gun Trusts but you should check with a Florida Gun Lawyer to verify what makes sense in your particular situation. His article begins:

As an estate attorney, how do you handle the planning of an estate, which includes National Firearms Act [NFA] firearms? What if your client asks you, prior to his/her purchase of a NFA weapon, what is the best form of ownership, with long term estate planning in mind?

This issue may plague estate attorneys, leaving them to scratch their head in bewilderment as to the correct course of action. More importantly, a probate attorney may be flirting with malpractice, since the registration of NFA weapons is mandatory and ignorance is not a defense.

to read the full article titled Estate Planning 101 under the National Firearms Act follow this link

October 22, 2007

Florida Statute of Wills: Wills, Revocable Trusts, Codicils

will.jpgWhen making a Florida Will, Florida Revocable Trust, or Codicil to a Florida Will there are several technicalities that must be complied with for the documents to be valid.

1) Who can make a Florida Will, Florida Revocable Trust, or Codicil to a Florida Will:
The answer to this can be found in section 732.501, Florida Statutes, where it states: Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.


2 What are the requirements for execution of the Florida Will, Florida Revocable Trust, or Codicil to a Florida Will:
Section 732.502, Florida Statutes, states:
(1)(a)The Testator must sign at the end of the will; and
(1)(b)Two witnesses in the presence of the testator, must sign that they witnessed the will.

Each witness must sign the Will in the presence of testator and each other.

Section 732.504, Florida Statutes :Unlike in some states a witness for these documents can be any person competent even if they are named in the will or will benefit from the will.

if you have questions about a Florida Will, Florida Revocable Trust, or Codicil to a Florida Willyou should speak with a Florida Estate Planning Lawyer.

October 18, 2007

Durable Power Of Attorney, Living Will, Trusts: & Co-Agents

Jacksonville Estate Planning Attorney, Orange park, Jacksonville BeachOften Estate Planning clients struggle with their spouse or self over who to pick as an agent to represent them in a Florida Durable Powers of Attorney ( Financial decisions), Florida Living will & Designation of Health Care Surrogate ( Health care decisions) and Revocable Trusts (Financial Management).

Initially clients might thing of using a Co-Agent. This can cause many problems and unforeseen circumstances and must be done with the correct expectations and knowledge of the potential problems. Michael Keenan has an article discussing several of these issues, titled Be Careful With Co-Agents. In summary, before choosing co-agents you should consider whether they get along well with each other, and what to do if they do not in the future.

In addition, what if one lives far away or moves after the documents are created. Some hospitals or financial institutions may require that both act together unless each co-agent has "several powers" or "joint and several powers" This can be difficult and impracticable. You put your financial and health interest at risk due to delay in execution of the documents.

Both Michael Keenan and David Goldman, a Jacksonville Estate Planning Lawyer & Attorney, recommend that unless there are extraordinary situations taking place, the use of co-agents should allow for flexibility and/or the ability for each to act independently.

September 30, 2007

Gun Trust Lawyers Wanted

As a Florida Estate Planning Lawyer who has created Gun Trusts or National Firearms Trusts for many individuals in Jacksonville Florida and around Florida, I am often asked for names of Attorneys and Lawyers in other states who can help them create a NFA Gun Trust at a reasonable price.

As a result I have begun creating a list of Lawyers in other states who will produce Federal Firearms Gun Trusts. Some have created their own trusts, others will modify the one I am using for the specific laws in their states.

If you are an Estate Planning Lawyer and would be interested in helping others create Gun Trusts, or you are looking for an attorney in another city or state to help you create a NFA Living Trust please contact me using the form on this page or at dgoldman@jacksonvillelawyer.pro.

September 14, 2007

Guns after Death

With Florida Estate Planning it is important to consider the effects of a gun on the probate process.
Neil E. Hendershot a Professor at Widener University School of Law in Harrisburg and author or PA Elder, Estate & Fiduciary Law Blog, had a Student submit an article regarding the possession and use by elderly persons of firearms. The article has a great title "I Bequeath my machine gun to . . ."

Jacksonville, Ponte Vedra Beach, Silencer, Machine Gun, PVB, Beach, FloridaAfter reading this article, it is even more apparent that one who owns Class 3 Weapons, needs to be conscious of the effect of their demise on their Personal Representative and/or heirs.

Uncertainty in proper disposition of such a firearm could lead to one’s client being convicted of possession of an unregistered firearm, punishable by up to 10 years, $250,000 in fines and the forfeiture of the weapon and any “vessel, vehicle, or aircraft” used to conceal or convey the firearm.

This article discusses the process of determining if and to whom a firearms is registered. What to do with an unregistered firearm, the preferred procedures for the destruction of specific machine guns. The benefit of destruction compared to turning them in. ( The parts are valuable, and the ban may be lifted one day).

No matter what state you are in, if you or someone you know has a Machine Gun, or other weapon regulated by the National Firearms Act (NFA), they should speak to an Estate Planning Attorney or Florida Probate Attorney who is familiar with the Act to protect their estate, Personal Representatives, Trustees, and Beneficiaries from the penalties associates with the wrongful possession or transfer of a weapon in violation of the NFA.

A Florida NFA (Gun / Firearms) Revocable Trust may be the solution for you.

On September 13, 2007, Professor Gerry Beyer posted an entry on the Wills, Trusts & Estates Prof Blog, which he edits, entitled "Dead People With Guns", referencing this post: One of the growing estate planning niches is preparing for the death of gun owners and handling the estates of gun owners.

Here are two sites which have detailed information about the issues and the solutions:

  • Neil E. Hendershot, "I bequeath my machine gun to . . ." , PA Elder, Estate & Fiduciary Law Blog, Sept. 12, 2007: * * *
  • David M. Goldman, Florida Gun Trusts or National Firearms Trust , Florida Estate Planning Lawyer Blog, July 30, 2007, National Firearms Gun Trust: * * *
  • The second site discusses the legal tool of a "Firearms Trust" (or "Gun Trust"), which provides special powers to a trustee not normally considered or granted, to carry out specified purposes of maintenance & disposition of weapons.

    September 9, 2007

    NFA Trust: Gun Firearms trusts

    It appears that there are many names for Firearms Trusts, I have heard them referred to as
    NFA Trusts
    Class 3 Weapons Trust
    Gun Trusts
    Gun Revocable Trust

    It has also come to my attention that there are many people saying you can use Quicken to create a revocable trust for their class 3 or NFA ( National Firearms Weapons). While this is a true statement there are problems and potential dangers with using Quicken for a NFA Gun Trust. For more information you should read a posting on Gun and Firearms Trusts

    August 14, 2007

    Validity of Florida Arbitration Clauses

    Recently the Florida statutes changed to allow for arbitration clauses in Florida Revocable Trust Agreements. When including an arbitration clause in a Florida Revocable Trust one needs to make sure the arbitration clause will be enforceable.

    Below are some issues with arbitration clauses in Florida that need to be considered whether used for Florida Business Contracts, Transactions in Florida, or Florida revocable trusts. Luckily the US Supreme Court has ruled that if an arbitration clause is invalid, the clause can be removed from the agreement and the underlying agreement can still be valid.

    Florida Arbitration Clauses

    An agreement to arbitrate, or a provision in a contract providing for the arbitration of disputes, is valid, enforceable, and irrevocable without regard to the justiciable character of the controversy. The only questions for a court to determine when looking to see whether an arbitration clause is enforceable are:

    1. Whether the agreement that contains the arbitration clause is valid?
    2. Whether the parties have a valid arbitration agreement;
    3. Whether an arbitrable issue exists; and
    4. Whether the right to arbitrate has been waived.

    Continue reading " Validity of Florida Arbitration Clauses" »

    July 30, 2007

    Florida Gun Trusts or National Firearms Trust

    If you live in a Jacksonville or another city in Florida where the Chief law Enforcement Officer (CLEO) will not or easily sign a Form 4, there are several solutions.

    Jacksonville Gun Lawyer, Florida NRA trust, Gun Trust, Class 3 TrustClass 3 Weapons include suppressors, , short barrel rifles, machine guns, and other destructive devices.

    The most common solution is to create a revocable trust to hold title to the firearm or class 3 items you desire to purchase. There can be many problems with a typical revocable trust and firearms. Its best to use a Firearms Trust or NFA Firearms Trust

    A Gun Trust, Firearms Trust, Limited Liability Company, or Florida S Corporation is a legal entity established under state law. For NFA purposes many individuals prefer the a Revocable Trust over a corporation or LLC because it is less expensive to operate and provides privacy. Florida Business entities typically cost $150 a year for the state filings in addition to the cost of a CPA to prepare and file the federal filings. In addition, Florida Trusts don’t require any disclosure or public filings. The lack of any required filings means, the only people who know the terms of the trust are those you choose to tell.

    Although most Florida Revocable or Living Trusts can hold firearms or other class 3 items, many are not properly setup to deal with the issues involving firearms and other items which are regulated by the National Firearms Act (NFA). If the NFA is violated, the owners are subject to criminal penalties, substantial fines, and forfeiture of not only the class 3 items in question but all firearms in the possession or ownership. ($250,000 penalty, 10 years in prison, and forfeiture of items)

    The gun or firearms trust must give the Trustee instructions and special powers so that they can legally manage for unplanned events. Weapons and other assets in a Firearms Trust can not be distributed like other assets upon the death or incapacity of the person who placed the items in the trust(The Grantor or Settlor).

    Continue reading " Florida Gun Trusts or National Firearms Trust" »