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  • Gun Trust Lawyer

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    Jun 4, 2008
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    Hi, I have recently setup a website for state specific information on legal issues surrounding the ownership, possession, and transfer of Class 3 weapons and am looking for unique pictures of class 3 silencers, SBR, SBS, machine guns or other items.

    I would really appreciate any pictures that you have taken of your items. I would be happy to give proper credit to the owner/ photographer if the information is provided.

    In addition, if you know of an interesting story surrounding NFA restricted items please let me know so that I can pass the word on to others.

    Thanks for your help.

    David Goldman
    Lynx Defense
     

    iratollah

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    May 25, 2008
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    This thread may be more appropriate for the classifieds. I've seen Mr. Goldman post on some other gun boards and it seems that his main contribution is advertising his availability to help draw up NFA trusts.

    David, do you even own any guns? While Class 3 owners will post pics on gun boards using their online alias, do you also think the weapon owners want their real names credited to the pictures of their collections?
     

    Gun Trust Lawyer

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    Class 3 Pictures

    I am sorry if this was the wrong place to post this . I do have guns and understand your concern about linking weapons with people. I only mentioned this because it is proper to give credit to the owner of an item if they want it. I have several people who have requested credit for pictures and articles, and others who do not want their items shown in public, or their name tied to it.

    As far as Google, although it is a good source for pictures, I am looking for pictures and items to take pictures of that will not create copyright issues.

    I do not draw up trusts in Texas, but work with several attorneys in Texas who do. My main goal in regards to these gun issues is to protect the individuals second amendment right to own firearms and to make sure that their family is not placed at risk because of mistakes that are commonly made in the purchase, ownership, transfer, and use of class 3 weapons.

    I was born in and lived in Texas most of my life and realize that guns are part of the culture of Texas. Again my apology if this post was in the wrong place or inappropriate.
     

    Texas1911

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    My main goal in regards to these gun issues is to protect the individuals second amendment right to own firearms and to make sure that their family is not placed at risk because of mistakes that are commonly made in the purchase, ownership, transfer, and use of class 3 weapons.

    Then I suppose you wouldn't mind me editing your posts / signature.

    I don't mind if you provide advice, but do so without the loaded commercial connotation. If it is your true emphasis to provide this info for people, then you shouldn't need it.
     

    ducksps

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    David,

    Welcome to the forum. I see some folks have taken notice of your profession and been somewhat curious about your intent. Perhaps however your timing is a good thing. Could you give us some information or stories regarding trusts for NFA items. We have had a few threads looking for information and your input would be valuable.

    I am thinking about going with a local lawyer who claims experience in this field but would like some pointers. I know folks are going the software route to create a trust and wonder what the dangers of such a move may be or examples of what has or could happen.

    Glad to have ya,
    Chris
     

    Gun Trust Lawyer

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    Some interesting NFA issues

    Here are a few interesting issues I have run across.

    1) widow brings her late husbands machine gun into store to dispose of and ATF agent is in the store at the time. He arrests her on the spot as she is not authorized to use the weapon.

    2) Man in Wisconsin has AR15 that misfires and shoots 3 bullets at a time. He tries to sell item and gives it to another person to shoot at the range. This is considered an invalid transfer and he is also charged with unauthorized possession of an illegal machine gun - He is lucky and gets 30 months in jail.

    3) Clients grandfather is very sick. He brought a machine gun home from WWII that is quite valuable. He needs nursing home care, but cannot qualify because of the value of the machine gun. he has no other assets. Solution involves creating a firearms trust, and trading the machine gun for a automobile with similar value. This changes the machine gun from non exempt property to exempt property and will allow the individual to qualify for nursing home

    4) Son purchase AR15 at gun show. Son moves to NY. AR15 has working 3 round burst mode. Father is in a state where he can possess class 3 and other firearms. They shoot it all the time at the range and let others shoot it. See any problems?
    This is an illegal machine gun that was improperly transferred from seller to son, from son to father, from both to friends. Also all of these are in possession of an unregistered machine gun.

    Solution - have class 3 dealer fix the defect in the AR15 so it will not do the 3 round burst. This will not relieve them of the potential liability for violations of the NFA in the past, but can help prevent future violations.

    5) Man and Fiance love to shoot machine guns. Each is planning on purchasing one. They want one trust, but are concerned about problems should they break up. Drafted language for couple to maintain the separate property status of each person's property.

    -------

    There are also many technical issues of using the trust which include the following:
    Not making the purchase correctly, the trust should be funded and the trust should make the purchase. Almost everyone else says buy on personal credit card. This is a bad idea. It can be done correctly but why take the chance that your behavior will subject you to penalties because it does not match your paperwork.

    There are some 30 issues like the one above that should be addressed in the training and creating of a NFA trust.

    If you are using a gun trust, most issues come up in the aspect of estate planning issues. Make sure your gun trust lawyer has an estate planning background or is working with someone who does.


    Hope this helps
     

    David

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    1) widow brings her late husbands machine gun into store to dispose of and ATF agent is in the store at the time. He arrests her on the spot as she is not authorized to use the weapon.
    I dont ever see this one happening.

    What about all teh Forms 5s filed when a deceased relative dies?
     

    mike2013

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    Apr 7, 2013
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    Here are a few interesting issues I have run across.

    1) widow brings her late husbands machine gun into store to dispose of and ATF agent is in the store at the time. He arrests her on the spot as she is not authorized to use the weapon.

    2) Man in Wisconsin has AR15 that misfires and shoots 3 bullets at a time. He tries to sell item and gives it to another person to shoot at the range. This is considered an invalid transfer and he is also charged with unauthorized possession of an illegal machine gun - He is lucky and gets 30 months in jail.

    3) Clients grandfather is very sick. He brought a machine gun home from WWII that is quite valuable. He needs nursing home care, but cannot qualify because of the value of the machine gun. he has no other assets. Solution involves creating a firearms trust, and trading the machine gun for a automobile with similar value. This changes the machine gun from non exempt property to exempt property and will allow the individual to qualify for nursing home

    4) Son purchase AR15 at gun show. Son moves to NY. AR15 has working 3 round burst mode. Father is in a state where he can possess class 3 and other firearms. They shoot it all the time at the range and let others shoot it. See any problems?
    This is an illegal machine gun that was improperly transferred from seller to son, from son to father, from both to friends. Also all of these are in possession of an unregistered machine gun.

    Solution - have class 3 dealer fix the defect in the AR15 so it will not do the 3 round burst. This will not relieve them of the potential liability for violations of the NFA in the past, but can help prevent future violations.

    Hope this helps

    1 The widow is authorized to keep the machine gun it just has to be transferred on a form5 tax exempt transfer.


    2 The WI guy had a full auto trigger group in a AR15 minus the auto sear. The selector would go to the auto/burst selection and fire a few rounds then stop with the hammer down. He knew this and told the friend about it, then let him borrow the gun anyway. (By definition a machine gun, more than one round per trigger pull) However there was a similar case in the past where ATF found an AR15 disassembled and had it reassembled without the disconnect. This was a constructive possession case. It was ruled this sort of slamfiring is not a reliable form of automatic fire, (no auto sear) and not a machine gun. The crafty people at the FTB Firearms Technology Branch will use soft primer ammo to get a whole mag to burn off and say its a machine gun.

    It was a transferring charge and not possession.

    3 He didn't need to declare the machine gun. The tax stamps are considered tax returns and are confidential. No need to get rid of it.


    4 Once a gun is a machine gun it cant be converted back to a title 1 weapon, you cant weld up the auto sear pin holes in an M16 receiver and keep it as a semiauto. It needs a new receiver. The class three dealer shouldn't have taken possession of, or worked on an illegal gun. It cant be transferred legally to the dealer.
     
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    Acera

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    I find it interesting that you supposedly know a lot about this sort of thing and still call them "class 3 weapons". They are correctly refereed to as NFA weapons/items as the class 3 is a type of dealer license. Promoting a strong misconception among the public that you must possess a license to own those type of things is not in our best interests.

    I know it's a matter of semantics, but I thought those that provide legal services would be more in tune with those important differences.
     
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    Acera

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    class 3, title II, NFA whatever you want to call it.

    You can call it whatever you like, I prefer to call it what is most correctly is....................

    Some call magazine's clips.........
    Some call revolvers pistols........
    Whatever floats your boat, but a Class 3 is a license and not a gun.
     
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