Upcoming Events

Are you looking for a local gun show?  We will be sharing space with the University Gun & Pawn Shop at the Tampa Gun Show on December 7th and 8th at the State Fairgrounds 4800 U.S. Highway 301 N., Tampa, FL 33610.  

Tampa Gun Show – December 7-8, 2013
HOURS: Sat 9am - 5pm
Sun 9am - 4pm

ADMISSION:
Adults $9.00
Kids (12 & under) Free
All persons under 18 years of age must be accompanied by an adult.
Visit: http://suncoastgunshows.com/tampa.aspx

If you would like information regarding NFA gun trusts, we will be happy to meet with you at the show. Additionally, you may visit our website: floridaguntrust.com.  

If you are considering purchasing a silencer, short-barreled shotgun, short-barrelled rifle or other Class 3 weapon, NFA trusts are a way to purchase these items without obtaining your local sheriff’s or other Chief Law Enforcement Officer’s (CLEO) approval.  Many CLEOs will not sign the certification necessary for an individual to purchase Class 3 weapons.  The Davis Basta Law Firm is able to prepare a gun trust to legally own Class 3 weapons, usually within 48 hours. Please call Terri at 727-938-2255 or visit our webpage at:  http://www.davisbastalaw.com/gun_trusts.php.

An enlightening documentary about Florida's gun laws and culture:

http://topdocumentaryfilms.com/guns-sun/

Proposed Changes to ATF Regulation of NFA Trusts

            The National Firearms Act (NFA) sets forth procedural and substantive requirements regarding the transfer, identification, registration of, and the dealing in, machine guns, silencers, short barreled rifles/shotguns, and certain other firearms.

            Recently, the Obama Administration in conjunction with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) suggested several changes to the current regulations.  One of the suggested changes imposes additional and substantial restrictions on citizens who wish to obtain an NFA firearm through a trust. 

            The proposed regulatory changes can be found at: Background Checks for Responsible Persons of a Trust with Respect to Obtaining a Firearm, 78 Fed. Reg. 55,014 (Sept. 9, 2013) (to be codified at 27 C.F.R. pt. 479).  The proposed changes are summarized as follows:

1.     Requirements to receive an NFA firearm through a trust:

a.   Each “responsible person” named in the trust must complete a Form 5320.23 (Form 4 replacement).  Definition of “responsible person”: “In the case of a trust, any individual, including any grantor, trustee, or beneficiary, who possesses, directly or indirectly, the power or authority under any trust instrument or other document, or under state law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust.”  The Form will require the person’s name, position in the trust, home address, SSN (optional), birth date, place of birth, and country of citizenship.  (The information will be used by the ATF to conduct a background check on each person named in the trust.)  Any additions to the responsible persons named in the trust must be submitted to the ATF within 30 days via Form 5320.23. “ATF recognizes that the composition of the responsible persons associated with a trust…may change, and is considering a requirement that new responsible persons submit Form 5320.23 within 30 days of the change.” 78 Fed. Reg. at 55,020.

b.  Each “responsible person” must submit fingerprints, photographs, and a certificate signed by the local Chief Law Enforcement Officer ("CLEO").  (Nothing in the proposed rule changes that fact that a CLEO signature is completely voluntary.) 

c.     The application must include a copy of the documentation that establishes the legal existence of the legal entity (e.g., declaration of trust).

GET YOUR GUN TRUST WHILE YOU STILL CAN

Davis Basta Law Firm, P.A.

31111 U.S. Highway 19 North

Palm Harbor, FL 34684

(727) 938-2255

www.davisbastalaw.com

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Obama's New Restrictions on Gun Trusts

Obama's New Restrictions on Gun Trusts

         The Obama Administration has recently made an announcement that they plan to implement new laws that will further restrict the rights of American gun owners who seek to possess firearms through a NFA Trust or “gun trust.”  The laws will supposedly be in the form of an executive order, which essentially allows a president to make laws without Congressional approval.  The proposed executive order has not been published in the Federal Register and is not yet a law.  (Executive orders take effect 30 days after they are published in the Federal Register).  The only information available regarding the proposed executive order includes statements made by the president and vice-president.  According to recent news reports, the substance of the new law is as follows:

1.     The Obama administration says the executive order closes a loophole that allows felons and other ineligible gun purchasers to skirt the law by registering certain guns to a corporation or trust.  “At present, when the weapon is registered to a trust or corporation, no background check is run.”  The new rule requires people associated with those entities, like beneficiaries and trustees, to undergo a fingerprint-based background checks before the corporation can register those guns.

2.    On August 29, 2013, in a seemingly combined effort with the Obama Administration, ATF issued a new proposed regulation that requires individuals associated with trusts or corporations that acquire Class III weapons to undergo background checks, just as these individuals would if the weapons were registered to them individually.

         The public will have to wait until the executive order is actually published in the Federal Register to fully understand how it will affect those individuals named under NFA trusts.  Nonetheless, President Obama’s repeated calls for more restriction on gun ownership should serve as a signal to the American people that more laws restricting gun ownership are coming.  Some of these laws will undoubtedly be targeted at gun trusts; as such, we advise our clients to secure a gun trust while it is still a viable method of obtaining and owning certain firearms. 

         The natural response to such attempts to limit gun ownership will be a larger black market for firearms.  The demand for guns will be met through smuggling, theft from weapons manufacturers, bribing government officials, and private manufacturing.  Private ownership of private unregistered (and therefore untraceable) weapons will likely continue to increase, thanks to the now obvious intentions of the Obama administration to wage its war on guns.

www.DavisBastaLaw.com 

Fort Lauderdale Gun Show - September 21-22, 2013

We would love to have you join us at the Ft. Lauderdale Gun Show on September 21st and 22nd at the War Memorial Auditorium.  We will be sharing space with the University Gun & Pawn Shop. Please visit our booth at the show for more information regarding NFA gun trusts. We will be happy to answer any questions you may have at the show or visit our website at floridaguntrust.com.

War Memorial Auditorium PH. (954) 828-5380 800 N.E. 8th Street Ft. Lauderdale, FL 33304 http://ci.ftlaud.fl.us/wma/index.htm

HOURS: Sat 9am - 5pm | Sun. 10am - 5pm ADMISSION: Adults $8.00 KidsFree (12 & under) All persons under 18 years of age must be accompanied by an adult.

The Fort  Lauderdale Gun Show is a favorite for local gun collectors, hunters, and enthusiast. Dealers and private collectors from across the state of Florida exhibit at this show. You'll find a huge selection of guns, accessories, and many hard to find items. Make sure you do not miss the next Suncoast Gun Show coming to the War Memorial Auditorium. See:  www.suncoastgunshows.com

$200 Tax Stamp Fee  

Q: If I currently own a silencer when I transfer it to the gun trust will I have to pay the $200 tax stamp again?

A: Yes, once you transfer it to the trust, it is considered a new owner, so the ATF requires the $200 tax stamp again.  If you put the item into a trust, at the time of your death, if you pass the items to an heir, they will not need to pay the $200.  If you do not put it into trust, at the time of your death, in order to take possession of the item, your heir would have to pay the tax stamp.

Class 3 Weapon Owners - Warrantless Searches

            There is a commonly held belief that the Bureau of Alcohol, Tobacco, and Firearms (BATF) can conduct warrantless searches of the homes of people who own weapons regulated by the National Firearms Act (NFA) or class 3 weapons.  This is a misconception that is likely confused with the BATF’s right to conduct certain warrantless searches of individuals that hold a Federal Firearms License (FFL). 

            The Fourth Amendment to the United States Constitution protects citizens from warrantless or unreasonable searches.  To search one’s home, the Fourth Amendment requires a state or federal official to obtain a judicially sanctioned search warrant that is supported by probable cause.  Obtaining an NFA regulated weapon does not result in an automatic surrender of one’s Fourth Amendment rights, and it does not provide the BATF with the right to search one’s home without a warrant.  However, upon request by a BATF agent, the owner of an NFA weapon is required to produce the registration paperwork that was used to obtain the weapon (e.g., Form 4).  See 26 U.S.C. § 5841(e) (2012).  The situation is different for someone who holds a Federal Firearms License.  Numerous restrictions and duties are imposed on FFL holders, including: the BATF’s right to examine the inventory and records of an FFL holder’s business or location where the NFA weapons are kept (even if that location is a home).  See 18 U.S.C. § 923(g) (2012).  For a more in-depth look at the laws regulating NFA firearms, one should read 26 U.S.C. Chapter 53.    

Tampa Gun Show - June 1-2, 2013

We will be at the Tampa Gun Show on June 1-2, 2013, where we share space with our friends at University Gun & Pawn Shop.

 

LOCATION:                       Florida State Fairgrounds

                                           4800 U.S. Hwy 301 N, Tampa, FL 33610

HOURS:                             Saturday  9 a.m. – 5:00 p.m.

                                           Sunday     9 a.m. – 4:00 p.m.

ADMISSION:                     Adults - $9.00

                                           Children (12 & under) – Free

All persons under 18 years of age must be accompanied by an adult.

For more information visit:  suncoastgunshows.com/gun_shows/tampa_gun_show.htm

Please visit us for more information regarding NFA gun trusts.  We will be happy to speak with you to answer any questions you may have.  You may also check out our website: floridaguntrust.com.

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.[1]  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.[2]  In Florida, a person must be at least 18 years of age to possess a long gun.[3] 

III. Federal Law - Handguns

Federal law prohibits dealers from selling or delivering handguns to anyone under the age of 21.[4]  Federal law also prohibits the possession of a handgun by any person under the age of 18.[5]  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.[6]  

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.[7]  However, Florida Law prohibits dealers from selling handguns to anyone under the age of 21.[8] 

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[1] 18 USC § 922(b); 27 CFR § 478. 99(b)(1).

[2] Fla. Stat. Ann. §§ 790.17(2), 790.18. 

[3] Id.

[4] 18 U.S.C. § 922(b)(1), (c)(1).

[5] 18 U.S.C. § 922(x)(1).

[6] 18 U.S.C. § 922(b)(1), (c)(1), (x)(1).

[7] Fla. Stat. Ann. §§ 790.17(2), 790.18.

[8] Id.

Interstate Transportation of NFA Weapons

Does the registered owner of a destructive device, machine gun, short-barreled shotgun, or short-barreled rifle need authorization to lawfully transport such items interstate?

Yes, unless the owner is a qualified dealer, manufacturer or importer, or a licensed collector transporting only curios or relics. Prior approval must be obtained, even if the move is temporary. Approval is requested by either submitting a letter containing all necessary information, or by submitting ATF Form 5320.20 to the Bureau of ATF, NFA Branch. Possession of the firearms also must comply with all State and local laws.

[18 U.S.C. 922(a) (4), 27 CFR 478.28]

http://www.atf.gov/firearms/faq/national-firearms-act-firearms.html#legally-acquire-nfa

 

Meet us at the Tampa Gun Show - March 9-10, 2013

Join us at the Tampa Gun Show on March 9-10, 2013.  We will be sharing space with the University Gun & Pawn Shop at the State Fairgrounds located at 4800 U.S. Highway 301 N., Tampa, FL 33610.

Tampa Gun Show – March 9-10, 2013
HOURS:   Sat  9:00 am - 5:00 pm 
              Sun  9:00 am - 4:00 pm

ADMISSION:
Adults $9.00
Kids (12 & under) Free
All persons under 18 years of age must be accompanied by an adult.
For more information visit: suncoastgunshows.com/gun_shows/tampa_gun_show.htm

Please visit our booth at the show for more information regarding NFA gun trusts. We will be happy to answer any questions you may have at the show or visit our website at floridaguntrust.com.

Are you considering making your own NFA weapon?

If you are considering making your own NFA weapon, there are several important things for you to know.  You will need to complete ATF Form 1 and submit it to the ATF along with the $200 tax stamp.  If the ATF approves the application, you will receive a tax stamp which you must retain at all times.  Upon receiving the tax stamp, you are permitted to make the weapon described on ATF Form 1. 

PLEASE NOTE that you are not permitted to have possession of all the parts necessary to manufacture an NFA weapon without the prior approval of the ATF and receipt of the tax stamp.  

If the Form 1 is approved by the ATF, only the applicant is authorized to make the weapon.  You are not permitted to send the parts to another individual to manufacture the NFA weapon.  If you do not have the skill necessary to make the weapon, you may have another person make the item as long as he/she manufactures it while you directly oversee the weapon and that you remain in control and possession of parts necessary to make weapon.

All NFA items must contain a serial number.  If you are manufacturing a new weapon, you will assign a serial number to it.  This number must include at least one digit and may include alpha characters (examples:  Smith2; JD1234).  “The serial number must be engraved or stamped on the receiver of the firearm and the caliber, model, and identification of the maker must be engraved on the barrel or frame or receiver of the weapon.” (27 CFR 479.102)  See NFA Handbook, ATF-P 5320-8, Section 7.4, pp. 44-47 for detailed discussion of the requirements. http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-7.pdf .

For additional information regarding NFA weapons, see the ATF Handbook, ATF-P 5320-8.  http://www.atf.gov/publications/firearms/nfa-handbook/

ATF Website

For those of you who are unaware, the ATF’s website has a lot of useful information for gun owners.  See http://www.atf.gov.  For example, the ATF prepares bi-monthly newsletters regarding the FFL and explosive devices.  You may view these newsletters at http://www.aft.gov/publications/newsletters/.

In addition the ATF has posted the top 10 FAQs regarding firearms.  You may view this list at http://atf.gov/firearms/industry/0501-firearms-top-10-qas.pdf.

If your NFA weapon, such as suppressor, silencer, short barreled rifle (SBR), short barreled shotgun, has been lost or stolen, you should immediately report it to the NFA Branch of the ATF at 304-616-4500.  In addition, the loss or theft of any weapon should be reported to your local police or sheriff department.