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NFA Firearms (also called Title II Firearms) are guns and other items regulated by the National Firearms Act (the “NFA”). The NFA is the regulating body in sales, distribution, use, possession, and transfer of all heavy firearms. This includes machine-guns short-barreled shotguns and rifles, silencers, destructive devices, and AOWs.
Though many people mistake these firearms for “Class 3” weapons, they are legal to own in most states. NFA Firearms are regulated at both the state and federal level under the NFA. Individuals, business entities, and trusts may purchase NFA firearms if they obtain permission from their state.
For an individual to transfer or make NFA firearms, it’s required to complete a Form 1 or Form 4 from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE). A $200 payment for a tax stamp must also be paid.
A traditional trust may be used to purchase NFA firearms, however, it’s recommended only to use an NFA Trust. Don’t be one of the many who purchase an NFA firearm incorrectly. This happens when the weapon is bought as an individual with the expectation of transferring it to the trust later. While the BATFE will approve of the transfer from a dealer, they have never approved a transfer from an individual. The transfer must come directly from the dealer to the NFA and then placed in the individual’s name. Any other way is a violation. In conclusion, always use an NFA Gun Trust. Once an NFA firearm desiring entity completes the requirements above and properly forms a trust, the NFA weapon may then be purchased. This completion process does not take long – only takes a few days to a week.
No CLEO Signature Required
The BATFE requires all individuals to register their purchase and obtain permissions from their Chief Law Enforcement Officer (CLEO). An individual should then obtain a Title II firearm from a Class 3 dealer. However, be warned that many CLEOs are refusing to even acknowledge these BATFE forms in an attempt to keep the peace.
Invalid & Traditional Trusts
The Internet is full of many free trusts and other sources that are invalid. Many dealers and manufacturers have been investigated helping customers fill out forms incorrectly or are not a complete trust themselves or even exist. If you sign with an invalid trust – even if the BATFE approves of the transfer – your will be the one found guilty of illegal possession and in violation of the NFA.
Many individuals find themselves out of compliance even with a valid traditional trust like Intuit or Legal Zoom, in the complicated event of incapacity, death or firearm transfer. These trusts have been found to wrongfully advise customers by instructing them to create liability for the beneficiaries and put them at risk of violating to NFA causing seizure of assets. Only seek legal advice from someone you can trust who has experience with the NFA. If a lawyer advises you to form a traditional trust may be committing legal malpractice.
The Copyrighted NFA Gun Trust
You can rest assured knowing the NFA Gun Trust is protected. There are many protection measurements in place including protection by US Copyright Laws. The trust is designed in such a way to protect the firearm and its owner from both state and NFA penalties. The NFA Gun Trust instructs everyone involved in the process – from grantors and trustees to successors and beneficiaries. All are instructed on their rights and qualifications and guided through proper NFA regulations.
The first step in creating your NFA Gun Trust is to call Attorney Susan T. Perkins @ 401PERKINS (401) 737-5467 to find out if an NFA Gun Trust is right for you. A free 10-minute consultation will evaluate your suitability for using an NFA Gun Trust and can be customized to your specific situation. After a few short days, you will receive a trust designed just for you. It will provide tips on how to deal with the NFA and will be modified by an attorney for your state to comply with its specific regulations. Most states within the NFA Gun Trust do not require a signature from your CLEO.
No Fingerprints or Photographs are Required
No fingerprints or photographs are required in the purchase of an NFA firearm. This is a price and time savings measurement to get the requested weapon to the individual.
Individuals are often concerned about the privacy of their NFA firearm purchase. First, they don’t want to become a target to those who may try to steal their weapon to use for malevolent purposes. Additionally, they don’t want to be inappropriately judged by law enforcement who might jump to conclusions. Luckily, most states give no notice to law enforcement officials or even their CLEO when using the NFA Gun Trust.
In the event that you become incapacitated, the NFA Gun Trust will instruct friends and family on how to handle your NFA firearm. As an NFA firearm, the weapon is restricted to those not under the trust and to handle the weapon would put them in risk of violating the NFA. The NFA Gun Trust will provide instruction to these individuals and guide them on what lawful actions to take next.
When you pass, all individually owned firearms become part of your probate estate. Under probate proceedings, you must put on public record how your would like the estate to handle your NFA weapon. The weapon must either be passed to an heir or transferred under your will. Under the NFA Gun Trust, it is not required to place your firearm on public record. This protects your beneficiaries who will receive a guidance on how to legally transfer the weapon. Children are specifically protected under the NFA Gun Trust and will not receive the weapon if residing in an area where NFA firearms are illegal to possess. In the event that you would like them to possess your firearm after their death, the NFA Gun Trust will guide them in the responsibilities of NFA firearm ownership.
Co-owners and Authorized Users
People often question whether or not it is ok to let others use their NFA firearm. Many think it’s ok, so long as the NFA trustee is present. This is strictly prohibited. If an individual purchases an NFA firearm, he or she is the only person permitted to use or have access to the weapon. The NFA can possibly consider the handling a transfer – a violation of the law. Additionally, if someone knows your firearm’s safe combinations, even if the person in question is a spouse, it would violate the law as constructive possession – a form of unapproved transfer.
As an NFA Gun Trustee, you are allowed to designate others as additional owners. To do so, they must be registered as an additional owner before they handle the weapon. Once someone becomes an additional owner or authorized user, they are now legal to handle the firearm.
Reducing Risk of Legal Changes Among Transfers
There are many groups out there who are trying to make the transfer of firearms much more difficult. With an NFA Gun Trust, adult children, family or friend can be registered as co-owner. This is possible because the firearm registered is done so under the NFA Gun Trust and no real transfer has taken place.
Penalties under the National Firearms Act can be severe. For each violation, the owner must forfeit all weapons, receive fines of up to $250,000 and serve ten years in prison. The NFA Gun Trust will provide guidance to all who register under the trust. This includes firearm makers, distributors, owners and beneficiaries.
With the NFA Gun Trust, you won’t be hit by fees. Most Corporations and LLCs have annual and other hidden fees. These entities are not private, and information is highly likely to be held in public records. Business entities are also subject to file sales tax and income tax returns.
Managers of Corporations and LLCs can purchase firearms which could put the entire entity at risk. If you are filing for a firearm as a business entity, the business is at risk if managers or anyone misuses the firearm. Complications are furthered when authorized users are added or changed. To do so the secretary of state needs to be notified of the changes in company management and costs a substantial amount of money.
Unlike Corporations or an LLC, an NFA Gun Trust does not have annual fees or documents to file with the state. An NFA Trust simply adjusts the trust amend who may handle the weapon.
There are more than 50 differences between an NFA Gun Trust and a traditional trust. Most trusts don’t instruct trustees on how to purchase. Trustees also don’t have enough information to transfer assets properly.
With an NFA Gun Trust, you will be coached from start to finish. The NFA Gun Trust will determine if:
For more information contact Rhode Island NFA Gun Trust Attorney Susan T Perkins today.