Friday, August 29, 2014

What is the difference between suppressors and silencers?

The terms "suppressors" and "silencers" are used interchangeably. Both the United States Department of Justice and the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) refer to suppressors as silencers.

Friday, August 22, 2014

Can my gun trust include gun silencers or suppressors?

Yes, citizens of Florida can own silencers and suppressors legally here. However, it is currently illegal to use them. In September 2014, the Florida Fish and Wildlife Conservation Commission is set to consider a proposal to legalize the use of gun silencers, for hunting certain game.

Friday, August 1, 2014

What happens to the Class III weapons upon the passing of the Grantor(s) of the Gun Trust?

The suppressors, silencers, fully automatic weapons, SBRs or other Class 3 weapons would typically go to the beneficiary. A properly drafted trust will address what the trustee must do to be in compliance with the law, and as well as what to do if the beneficiary is a minor.This is a brief synopsis regarding a revocable living trust, but is not intended to be all inclusive. 

We encourage you to become familiar with Florida Statute 736 which details the rights and responsibilities of a trustee under a trust.

Friday, July 25, 2014

What happens if the National Firearms Act is violated?

Individuals who violate the NFA act may be subject to substantial fines, criminal charges, and forfeiture of their weapons. 

A prepared gun trust is a revocable living trust, which is a trust created during your lifetime, which you can revoke or amend whenever you wish. A living trust has a Trustee(s) (who may be you) who has the responsibility of managing the property transferred to the trust. Upon your death, the Trustee is typically directed to distribute the trust property to the beneficiaries or to continue to hold it and manage it for the benefit of the beneficiaries.

A Successor Trustee is the person named in the revocable trust agreement who will assume control of the trust if the original Trustee(s) dies, or becomes unable or unwilling to act. There can be one or several back-up Trustees to take over the Trust in the order you designate.

A Trustee is a fiduciary. As a fiduciary, the Trustee stands in a position of confidence and trust with respect to the beneficiaries. Trustees must act in the best interests of the beneficiaries, and can be sued by the beneficiaries if they act improperly.

Friday, June 27, 2014

What is the Minimum Age to Purchase and Possess Firearms in Florida?

The following is a summary of Florida Law and federal law regarding the minimum age required to possess or own firearms in Florida. This summary is split up between long guns (e.g., rifles, shotguns) and handguns, and is further broken down into differences between federal law and Florida Law. In most cases, Florida follows the federal law.

I. Federal Law – Long Guns
Federal law prohibits anyone with a Federal Firearms License (FFL) from selling or transferring a long gun to any person under the age of 18. Federal law does not provide an age limitation with respect to the sale of a long gun by a private seller to someone under the age of 18. There is also no minimum age requirement for the possession of a long gun.

II. Florida Law – Long Guns
Florida law is stricter than federal law regarding the possession of a long gun by someone under the age of 18. In Florida, a person must be at least 18 years of age to possess a long gun.

III. Federal Law - Handguns
Federal law prohibits dealers from selling or delivering handguns to anyone under the age of 21. Federal law also prohibits the possession of a handgun by any person under the age of 18. Federal law allows the sale of a handgun by a private individual to a person over the age of 18; thus, possession of a handgun by a person over the age of 18 is also allowed.

IV. Florida Law - Handguns
According to Florida law, a person over the age of 18 may lawfully possess a handgun, and may purchase a handgun from a private individual. However, Florida law prohibits dealers from selling handguns to anyone under the age of 21.

Friday, June 20, 2014

What if I am making my own weapon and I have a gun trust?

After the trust is executed, you will need to provide ATF Form 1 and a copy of the trust to the ATF. ATF Form 1 is available on the ATF website. Download ATF Form 1 here Once you receive the tax stamp, you may purchase the parts necessary to make your own weapon.
PLEASE BE AWARE that you may not be in possession of all the parts necessary to manufacture the Class 3 weapon until you receive the tax stamp from the ATF.

What is the ATF?
ATF stands for the Bureau of Alcohol, Tobacco, Firearms and Explosives. The ATF enforces Federal statutes and regulations dealing with firearms and explosives.

Friday, June 13, 2014

What is the NFA?

NFA stands for the National Firearms Act. 
The Act is a federal statute which imposes a statutory excise tax on the manufacture and transfer of certain firearms (such as gun suppressors, gun silencers, SBRs and machine guns) and mandates the registration of those firearms.

Useful NFA Links