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.