Gun Trust Attorney

Suncoast Gun Show December 3 - 4, 2011

2011-11-30T16:44:00.000-05:00

Are you looking for a gun show in your area? Is it time to buy a gift for a weapons enthusiast? You might consider attending a gun show in your local area.

Suncoast Gun Shows has a show scheduled this weekend. Information is provided below:

When: December 3-4, 2011

Where: Tampa, FL

Florida State Fairgrounds

4800 U.S. Highway 301 N.

Tampa, Florida

Get DISCOUNT ADMISSION COUPON and SHOW INFORMATION, go to...

http://www.suncoastgunshows.com/coupons/coupon_tampa.htm?ID=184988

For additional gun show schedules, you may also check out these websites:

http://www.guntradergunshows.com/schedule.php

http://suncoastgunshows.com/

If you are looking for suppressors, silencers, short-barreled shot guns, short-barreled rifles or other Class 3 weapons, you may want to consider placing the item into a firearm trust (NFA trust). Davis Basta Law Firm is able to prepare a gun trust for your weapon(s), usually within 48 hours. Please call Terri at 727-938-2255 or visit our webpage at http://www.davisbastalaw.com/gun_trusts.php.

Suppressors v. silencers

2011-10-19T10:29:00.000-04:00

WHAT DO SUPPRESSOR’S (SILENCERS) DO AND WHAT ROLE DOES AMMUNITION PLAY?

There are a few different ways you can reduce the sound of a gunshot: simply sticking a potato on the barrel (which, by the way, doesn’t work so well) to adding a suppressor or silencer to your gun. The terms “suppressor” and “silencer” are used interchangeably and are used to significantly reduce the sound of the gunshot by the way they vent off the gasses. Both the United States Department of Justice and the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) refer to suppressors as "silencers.”

Keep in mind that a suppressor (silencer) does not completely silence the shot, but knocks it down to a whisper of its former amplitude. Often the loudest thing about a suppressed firearm is the sound of the action itself as it ejects and reloads for the next shot. Suppressors (silencers) are National Firearms Act ("NFA") items and are regulated by the federal government, requiring approval and registration. Suppressors (silencers) are illegal in some states.

While Suppressors address one part of the gun noise, subsonic ammunition addresses the other. The speed of sound is a bit over 1100 feet per second, so any bullet that exceeds that velocity will cause a mini sonic boom when it leaves the gun. You can eliminate a sonic boom by using ammunition that is subsonic. However, the use of subsonic ammunition generally will not be worth it without a suppressed weapon.

While suppressors are also referred to as "silencers," the latter is misleading because no firearm can be made completely silent, as the term "silencer" implies. Functionally, a suppressor is meant to diminish the report of a discharged round, or make its sound unrecognizable. Other sounds emanating from the weapon remain unchanged. Even subsonic bullets make distinct sounds by their passage through the air and striking targets, and supersonic bullets produce a small sonic boom, resulting in a "ballistic crack." Semi and fully automatic firearms also make distinct noises as their actions cycle, ejecting the fired cartridge case and loading a new round. Despite being misleading, the term "silencer" is still widespread.

Florida Gun Show - September 24-25, 2011

2011-09-23T16:54:00.001-04:00

Just to let you know, there is a gun show this weekend (September 24-25, 2011) at the N.W. Florida Fairgrounds in Fort Walton Beach, Florida. If you are thinking of purchasing an NFA firearm, such as machine guns, silencers for your guns, suppressors, short barreled shot gun / rifle or any other Class 3 weapons that falls under the National Firearms Act (NFA), you may want to consider a gun trust (also referred to as an NFA trust or NFA gun trust). If you select to place the NFA item into a trust, you do not need to provide fingerprinting or obtain the law enforcement certification required by the ATF for individuals purchasing Class 3 weapons.

If you have any questions regarding Class 3 weapons or gun trusts / NFA gun trusts, you may contact the Davis Basta Law Firm, P.A. We will be happy to assist you. Also, remember that we typically take approximately 24 – 48 hours to prepare your trust if it is needed immediately.

We hope you enjoy the gun show.

July 4th Machine Gun Shoot

2011-06-13T08:33:00.002-04:00

Come celebrate Independence Day at the Hernando Sportsman's Club with its annual July 4th Machine Gun Shoot. Bring your own machine gun to the range for lots of noise and fun! Several cars will be used as targets and destroyed!

Shooters $20; Spectators $2; Under 15 Free. 9:30am

Hernando Sportsman's Club
16121 Commercial Way
Brooksville, FL 34614
(352) 597-9931
Email: hsci@gate.net

If you want an affordable option for owning your Class III items, such as a machine gun, a Trust is a great idea. Make sure to visit the web page of Davis Basta Law Firm or call our office at 727-938-2255.

Tampa Gun Show, 4 & 5 June, 2011

2011-04-20T08:59:00.000-04:00

We were recently at the Tampa Gun Show, and enjoyed seeing our existing clients and meeting new people. It is always a pleasure to speak to people who are interested in our services as a Gun Trust Lawyer. Many of the questions we answered were very good, and we welcome more interaction with people interested in Gun Trusts / NFA Trusts. Many of the basic questions and answers regarding Gun Trusts / NFA Trusts can be found on our website at http://www.floridaguntrust.com/, or here on our blog at http://www.guntrustattorney.blogspot.com/. The Tampa Gun Show is an excellent place for local law enforcement, gun collectors, hunters, and firearm enthusiasts to enjoy the many exhibits on display by dealers and private collectors.

Make sure not to miss the next Suncoast Gun Show coming to the Florida State Fairgrounds scheduled for the 4th & 5th of June, 2011.

If you want an affordable option for owning your Class III items, a Trust is a great idea. Trust to hold your firearms, make sure to visit our web page or call our office anytime at 727-938-2255.

Tampa Gun Show, 4 & 5 December, 2010

2010-12-02T16:41:00.001-05:00

The Tampa Gun Show is a favorite for local gun collectors, hunters, and enthusiasts. Dealers and private collectors from across the State of Florida exhibits at the show. You'll find a huge selection of guns, accessories, and many hard to find items. Make sure not to miss the Suncoast Gun Show coming to the Florida State Fairgrounds this weekend, on the 4th & 5th of December, 2010.

The Davis Basta Law Firm will attend and answer any questions you may have about Gun Trusts. If you want a Gun Trust, make sure to visit our web page or talk to us at the exhibit (we will be next to the University Gun & Pawn Shop).

We look forward to meeting you!

Holidays are coming up; traveling out of Florida State with your Class III item?

2010-11-24T13:22:00.000-05:00

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!

Gun Trusts in Collier County

2010-08-31T14:20:00.003-04:00

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/

What is the best name for my gun trust?

2010-08-20T15:35:00.001-04:00

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.

Will ATF be coming up with new regulations to further restrict the use of gun trusts in relation to NFA firearms?

2010-05-10T10:23:00.002-04:00

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.

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

2010-04-27T13:31:00.005-04:00

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, and I’m with a friend at the gun range, can he use the NFA firearm?

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?

Can anyone mentioned in the gun trust utilize the NFA firearm, or class III item?

If I have a gun trust, who is allowed to utilize the NFA firearm, or class III item?

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.

2010-04-22T10:35:00.000-04:00

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.

What is a gun trust?

2010-04-13T11:09:00.002-04:00

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/

What is the difference between an NFA trust, Class III trust, Firearm trust, and Gun trust?

2010-04-01T13:13:00.001-04:00

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/

Do I need a gun trust?

2010-03-26T08:55:00.001-04:00

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/