Articles Posted in NFA Gun Trust

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.

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.

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.

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.

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.

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.

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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