Jacksonville FL, St. Augustine, Orange Park, Jacksonville Beach, Ponte Vedra Beach
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 27, 2008

Can Grandpa Take His Machine Gun to the Nursing Home?

What happens if Grandpa needs to Nursing home coverage and he owns a Class3 weapon like a Machine Gun?

Class 3 weapons or those controlled by the National Firearms Act are not exempt assets when it comes to Medicaid Planning.

There are ways to preserve these assets for your family but it involves converting the asset from an exempt asset to a non-exempt asset. On my other blog, Gun Trust Lawyer I wrote a Gun Trust Information article addressing this issue.

If you or your family has a person who needs nursing home coverage and they have war relics which may include a Machine Gun you should Contact a Florida Estate Planning Lawyer to discuss your situation.

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 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 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.