Even if you have a properly prepared gun trust, if you are planning on leaving the State of Florida with a Class III item, beware! First, as our gun trust blog posting on April 22, 2010 points out, certain states do not even permit class III items. Therefore, we suggest that you contact an attorney in that state who is familiar with the NFA, and the issues involved with owning a class III item. Many times we can recommend an attorney in another state that is familiar with the NFA, and other gun laws. Secondly, because ATF requires advance notice of any movements concerning class III items, you must notify and consult with them. More importantly, remember that possession is a critical issue with any class III item. Refer to your gun trust to see who may be in possession of your class III item.
Happy Holidays and Safe Traveling!
Wednesday, November 24, 2010
Tuesday, August 31, 2010
Gun Trusts in Collier County
We want to give a "Thank You" to John at http://www.classiiidealers.com/ for alerting us to some information we were unaware of regarding Collier County. He noticed an advertisement of ours regarding gun trusts, and wanted to ensure that we were aware of, and properly informed others of the fact that there are other methods of acquiring class III items which don't involved having a gun trust.
As some of you are aware, our blog posting on March 26, 2010 dealing with "Do I need a gun trust?" does refer to the fact that a gun trust isn't the only way to acquire class III items (our website does as well). Another method is to utilize a corporation, or getting the law enforcement certification that many law enforcement agencies are reluctant to give. Based on what John informed us of, the Collier County Sheriff's Office does give the certification for machine guns, but not for silencers. This is good information for someone to know of if they reside in Collier County. We always welcome additional information from our friends from various gun dealers and gun websites, like http://www.classiiidealers.com/, to be able to provide good information to anyone interested in a gun trust.
It is always a good idea to look into all of your options available when deciding on whether to utilize a gun trust or not. What may be a good option for one person, may not be a good option for another.
Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrust.com/
Friday, August 20, 2010
What is the best name for my gun trust?
The name of the gun trust is entirely up to you. For many people, one of the main benefits of a trust is the fact that it is private, and not accessible via public records. As a result, many people choose a gun trust name that does not have ties to their own, or to the fact that it is a gun trust. However, many people also choose to name a trust after their family name, such as the “Smith NFA Trust” or the “Jane Doe Trust”. One rationale for using a family name is that if it ever needs to be presented to anyone, it will make it easier for a lay person, or even law enforcement, to know that you are connected to the gun trust. These are all valid considerations when naming the gun trust.
Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrust.com/
Monday, May 10, 2010
Will ATF be coming up with new regulations to further restrict the use of gun trusts in relation to NFA firearms?
In the past, we have contacted many different individuals at ATF about the use of firearm trusts. Due to the relatively new nature of these gun trusts, there are many unanswered questions. Based on our prior discussions, the real question is not if there will be further regulations geared towards gun trusts, but when and what type of regulations that will be coming in the future.
Due to this uncertainty, most attorneys who specifically practice in this area of gun trusts, like our firm, will go the extra mile in attempting to take extra precautions when advising their clients as to the use of gun trusts in relation to class III items.
Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrust.com/
Tuesday, April 27, 2010
Are there any possession issues that I need to be concerned about with a gun trust?
Yes. Possession is a critical issue that must be addressed to make certain that the people who you choose to have access to your Class III item are not in danger of prosecution. These are issues that we address in all of our gun trusts. There are certain safeguards that should be utilized, like the use of a safe or lockbox, where only those individuals legally permitted to possess the NFA, or Class III item, have access. If you do not have a safe or lockbox, we always recommend one. All of the following frequently asked questions below involve possession issues:
If I have a gun trust, can my wife use the NFA firearm if I’m not at home and an intruder breaks into the residence?
Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrusts.com/
Thursday, April 22, 2010
We frequently get phone calls from out of state individuals as to whether they can have a gun trust if they live outside the State of Florida.
First, you need to know that there are certain states that do not even permit class III items. Fortunately, the State of Florida is not one of those states. When we get calls from out of state, we always suggest that they contact an attorney in their state who is familiar with gun trusts. Many times we will recommend our own attorney contacts in other states who are familiar with their state’s gun laws.
Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrusts.com/
Tuesday, April 13, 2010
What is a gun trust?
A gun trust is sometimes referred to as an NFA trust, Class III trust, or firearm trust. You can utilize a gun trust to deal with the difficulty that many individuals have in trying to get a law enforcement certification that is necessary to purchase or carry a NFA, or class III item. A class III item can include many different types of items, but the more common ones include firearms, and silencers.
The gun trust is one of the few mechanisms currently available so you can avoid having to get a law enforcement certification. Many of our clients have tried to get the certification, but end up coming to our law firm for a gun trust, because the certification can be quite difficult to get. A trust is an instrument by which you can have certain specified items held in it, by an entity or individual who manages the items, for the benefit of your named beneficiary. The beneficiary is an individual who will receive the item at a date certain specified by you.
A properly drafted trust is important for a number of reasons, but when you are talking about NFA firearms, probably the most important reason is to understand possession issues that can result in criminal prosecution. We highly recommended, if you are interested in a gun trust, to make sure an attorney prepares the gun trust for you, whether it be our firm or your personal attorney. The attorney must understand the specific terms that are necessary for a properly drafted gun trust.
Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrust.com/
The gun trust is one of the few mechanisms currently available so you can avoid having to get a law enforcement certification. Many of our clients have tried to get the certification, but end up coming to our law firm for a gun trust, because the certification can be quite difficult to get. A trust is an instrument by which you can have certain specified items held in it, by an entity or individual who manages the items, for the benefit of your named beneficiary. The beneficiary is an individual who will receive the item at a date certain specified by you.
A properly drafted trust is important for a number of reasons, but when you are talking about NFA firearms, probably the most important reason is to understand possession issues that can result in criminal prosecution. We highly recommended, if you are interested in a gun trust, to make sure an attorney prepares the gun trust for you, whether it be our firm or your personal attorney. The attorney must understand the specific terms that are necessary for a properly drafted gun trust.
Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrust.com/
Thursday, April 1, 2010
What is the difference between an NFA trust, Class III trust, Firearm trust, and Gun trust?
There are many terms utilized for a gun trust, but typically when someone does make reference to an NFA trust, Class III trust, firearm trust, or gun trust, they are referring to a trust instrument designed to hold specific and certain types of items, namely NFA items, or also referred to as class 3 items (whether they be firearms, silencers or other items).
Generally speaking, a trust is an instrument by which a person can have certain specified items held in trust, by an entity or individual who manages the items, for the benefit of the beneficiary, who is typically an individual who will receive the item upon a certain event or at a certain date in the future.
The 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 and mandates the registration of those firearms. As a result, certain firearms are referred to as NFA firearms.
The phrase Class 3 refers to a special tax paid by a firearms dealer so they are permitted to deal in NFA firearms, and as a result, certain firearms are referred to as Class III firearms.
So if you hear the phrase NFA trust, Class 3 trust, firearm trust, or gun trust, there is usually no difference between them, just a different phrase to describe the same type of trust.
Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrusts.com/
Generally speaking, a trust is an instrument by which a person can have certain specified items held in trust, by an entity or individual who manages the items, for the benefit of the beneficiary, who is typically an individual who will receive the item upon a certain event or at a certain date in the future.
The 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 and mandates the registration of those firearms. As a result, certain firearms are referred to as NFA firearms.
The phrase Class 3 refers to a special tax paid by a firearms dealer so they are permitted to deal in NFA firearms, and as a result, certain firearms are referred to as Class III firearms.
So if you hear the phrase NFA trust, Class 3 trust, firearm trust, or gun trust, there is usually no difference between them, just a different phrase to describe the same type of trust.
Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrusts.com/
Friday, March 26, 2010
Do I need a gun trust?
Many times we have clients that come to us asking for a gun trust, but then will ask if they really need one. The simple answer is “no”. A person does not need to get a gun trust in order to get an NFA firearm (sometimes referred to as a class III weapon). You have other options besides the gun trust, but the gun trust has been a more convenient option for most people.
Instead of a gun trust, an individual can get what’s called a law enforcement certification. However, law enforcement agencies must give you a certification and many, if not most, are reluctant to give the certification. Some law enforcement agencies have a general policy not to give them. Understandably, a law enforcement agency doesn’t want the responsibility of assisting anybody in getting a class III weapon, especially if it later turns out that the individual is involved in some type of criminal activity.
Another option, instead of a gun trust, is for you to form a corporate entity. The use of a corporate entity does not provide the same privacy that a gun trust provides. There are also annual fees that must be paid to the state to maintain the corporation, whereas a gun trust does not. In the State of Florida, where our office is located, corporations must file an annual renewal which requires a fee paid to the state.
As you can see, although a gun trust is not required to own certain types of firearms, a gun trust provides a convenience in ownership that some of the other options do not.
Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrusts.com/
Instead of a gun trust, an individual can get what’s called a law enforcement certification. However, law enforcement agencies must give you a certification and many, if not most, are reluctant to give the certification. Some law enforcement agencies have a general policy not to give them. Understandably, a law enforcement agency doesn’t want the responsibility of assisting anybody in getting a class III weapon, especially if it later turns out that the individual is involved in some type of criminal activity.
Another option, instead of a gun trust, is for you to form a corporate entity. The use of a corporate entity does not provide the same privacy that a gun trust provides. There are also annual fees that must be paid to the state to maintain the corporation, whereas a gun trust does not. In the State of Florida, where our office is located, corporations must file an annual renewal which requires a fee paid to the state.
As you can see, although a gun trust is not required to own certain types of firearms, a gun trust provides a convenience in ownership that some of the other options do not.
Posted by: The Davis Basta Law Firm, P.A., http://www.davisbastalaw.com/, a law firm located in Palm Harbor, Florida, which prepares firearm trusts for individuals throughout the State of Florida. http://www.floridaguntrusts.com/
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