WE HAVE MOVED

Please continue to find your Gun Trust news on our new website for Davis Basta Law Firm P.A.: http://davisbastalaw.com/category/guntrustattorney/

In addition to this blog where can I find the information I need about firearms in Florida?

Florida Licensing:

• Florida Department of Agriculture and Consumer Services - Division of Licensing - Concealed Weapon or Firearm Program

For information regarding the National Firearms Act Branch, please see this link:http://www.atf.gov/files/publications/download/p/atf-p-5320-6.pdf

Florida Fish and Wildlife Conservation Commission to discuss whether gun suppressors (silencers) should be permitted during hunting

At its semi-annual public meeting, the Florida Fish and Wildlife Conservation Commission will hear discussion on whether gun suppressors (silencers) should be permitted during hunting.  Florida hunters may use silencers when hunting for wild hogs, coyotes and a few other small animals, but the new proposal applies to deer, coyotes, and various birds and animals. Florida sportsmen requested the proposed rule change, not the suppressor manufacturers, as some people are claiming.  Hunters are trying to save their hearing and be more considerate of others by the requested change.  To date, 32 states allow hunting with suppressors.

If the draft proposal was successful at the Sept. 10 meeting, another meeting will be held for final approval, at which the public will be permitted to speak. 

Check back on our blog for any updates.

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.

Can my gun trust include gun silencers or suppressors?

Yes, citizens of Florida can own silencers and suppressors legally here. 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.

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.

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.

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.

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.

Useful ATF Links:
Click here for the ATF web site.
Click here for the ATF's National Firearms Act Handbook

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

• Click here if you have questions about firearms under the NFA
• Click here if you have questions about machine guns under the NFA
• Click here if you have questions about silencers under the NFA
• Click here for the National Firearms Act

Come out and visit us at the SunCoast Gun Show - this weekend!

Promoter

SunCoast Gun Show

Website: http://www.suncoastgunshows.com

Venue

Florida State Fairgrounds

4800 U.S. Highway 301 N

Tampa, FL 33610

June 7 & 8, 2014

Saturday 9:00am - 5:00pm

Sunday 9:00am - 4:00pm

* Next to the University Gun & Pawn Booth

I am interested in setting up a gun trust so I can legally purchase and own a suppressor/silencer.

My concern is that Obama has issued or will issue an executive order banning gun trusts. If such an executive order will exist, will it apply to suppressors, too?

No executive order has been issued that "bans" gun trusts; nor do I know of any proposed order that will do so. The proposed executive orders will merely impose more restrictions on gun trusts (e.g., fingerprinting requirements). Please see our article, "Obama's New Restrictions on Gun Trusts." 

With regard to your question about suppressors, I assume you are asking whether the executive order will prohibit individuals from owning suppressors through gun trusts. If so, then I know of no proposed executive order that will ban suppressors. A suppressor acquired through a gun trust will be treated the same as any other NFA weapon (e.g., machine-gun, short barreled rifle).

We are suggesting to all of our potential clients who are interested in owning an NFA weapon or suppressor through a gun trust to get one as soon as possible—before the new laws go into effect. Please let us know if you have any additional questions.

Electronic Filing of ATF Forms

The ATF has created an electronic filing system for ATF Form 1 and ATF Form 4.  At this time, the system is unavailable for the filings and it is unsure when the system will be available.  We will keep checking with the ATF and will post when it is up and running.

Why do I need a gun trust?

A gun trust is not needed to obtain Class 3 weapons (machine guns, gun suppressors, gun silencers, fully automatic rifles, short barreled shotguns and short barreled rifles). Without a firearms trust or corporation, prior to submitting Form 1 or Form 4 to the ATF, individuals must receive approval (certification) from their local chief law enforcement officer (“CLEO”). See: FEDERAL FIREARMS REGULATIONS REFERENCE GUIDEMany clients have indicated that law enforcement officers have been reluctant or simply refuse to give the certification to acquire suppressors, silencers, SBRs or other Class 3 weapons. This certification, as well as fingerprinting, is not necessary when you place the Class 3 weapons into a trust. Creating a corporation is another method available, but requires an annual fee and does not provide the privacy that a trust provides.

Are there any possession issues I need to be concerned about with a trust?

Yes. Possession is a critical issue that must be addressed to make certain that those individuals who will have access to the suppressors, silencers, fully automatic weapons, or other Class III weapons are not in danger of prosecution. These are issues that must be addressed in the trust. Safeguards, like a safe or lockbox, where only those legally permitted to possess the Class III weapons have access, are precautions to be considered.

Why should I buy my firearms trust from the Davis Basta Law Firm?

We are happy to answer any questions, offer outstanding customer service, have a quick turnaround time (usually within 2 business days), competitive rates, and we have been preparing firearms trusts for years. Please contact us.For more information and timely articles, visit our Gun Trust Blog

Once I get my trust from you, what do I need to do?

You and each of the Trustees must execute the trust before a notary public and two witnesses. After the trust is completely executed, you will provide a copy of the trust to the gun shop where you are purchasing your Class III weapon. The gun shop will assist you in completing ATF Form 4 and forward ATF Form 4 with a copy of the trust to the ATF. You will pay the gun shop for the Class III weapon and the tax stamp at the time of purchase. Once you receive the tax stamp from the ATF, you will be able to pick up your Class III weapon.

What is a Successor Trustee?

What is a Successor Trustee?

If a Successor Trustee is named in the Trust, they will assume control of the Trust if the original Trustee(s) dies or becomes unable or unwilling to act as Trustee. You can name one or more Successor Trustees.

Who do you sell gun trusts to?

We are pleased to cater to police officers, military personnel, responsible gun owners, and gun collectors.

What types of items classify as Class 3 weapons?

Class 3 weapons include: machine guns, sound suppressors, gun silencers, gun suppressors, fully automatic weapons, short barreled shotguns, and short barreled rifles (SBRs). 
Please refer to the ATF website for more examples.

June 7 & 8 - Come out and visit us at the SunCoast Gun Show

Come out and visit us at the SunCoast Gun Show

Promoter

SunCoast Gun Show

Website: http://www.suncoastgunshows.com

Venue

Florida State Fairgrounds

4800 U.S. Highway 301 N

Tampa, FL 33610

June 7 & 8, 2014

Saturday 9:00am - 5:00pm

Sunday 9:00am - 4:00pm

What kind of weapons will a gun trust allow me to buy?

A Gun Trust allows individuals to purchase Title II or Class 3 weapons (e.g., suppressors, silencers, fully automatic rifles, machine guns, short barreled shotguns and short barreled rifles (SBRs)) in the name of the trust without the need for having the local Chief Law Enforcement Officer (“CLEO”) to sign the certification for the purchase.

What is a Trustee under a Gun Trust?

A Trustee is a person who holds a position of confidence and trust with respect to the Beneficiaries and trust property (i.e., a fiduciary). Trustees must act in the best interests of the Beneficiaries and protect the property in the Trust. A Trustee may be sued by a Beneficiary if the Trustee acts improperly or against the best interests of the Beneficiary.