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.

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