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Friday, 16 May 2014 18:26

ATF Says Trusts Can Make New Machine Guns?

There’s been much excitement in the NFA world since a recent letter from ATF addressed to a South Dakota gun dealer was leaked on the internet. Based on the legal reasoning ATF used in the letter, some are calling for a rush to use trusts to manufacture new machine guns.  The letter has also been the basis of speculation about possible changes in ATF policies concerning the Gun Control Act and NICS checks for trusts.

Many assume this letter signifies an ATF “policy change.” It does not. The power and force of such a letter is only effective as against the addressee (in this case, the South Dakota FFL). The mere fact that the letter was posted online last week does not make it a formal ‘ruling’ to be followed or used by all. Indeed, the letter was originally dated nearly two months ago. If it had been a formal ruling, all FFLs would’ve received official notification and guidance by now.

In fact, our local gun dealers have not received any such communications and our clients have received ATF approvals for silencers, short-barreled rifles, and machine guns in the ordinary course since the date this letter was written and later publicized.

Of course rulings could be issued on this or other issues of importance to us, but that hasn’t happened here. To be sure, clients have contacted us with the intent of using an Arsenal Gun Trust™ in the hopes of getting a new machine gun approved. Some of them would be happy to have their machine gun applications rejected so they have grounds for a lawsuit against the federal government. Others simply want to enjoy the existing benefits of their Arsenal Gun Trust™ as ATF has begun reducing the backlog for tax stamps. 

Regardless of their goal, each client’s Arsenal Gun Trust™ consultation begins with a briefing on current events so we can address issues just like this recent ATF letter, which has caused so much excitement for many and some confusion for others.

If you’re ready to become our client and learn how the Arsenal Gun Trust™ could help you comply with gun laws, protect others handling your firearms, and preserve your property for the next generation, contact us to receive our informational packet. 

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Arsenal Attorneys

Arsenal Attorneys is a nationwide law practice with offices in Fairfax, Virginia near Washington, DC and in Rocklin, California near Sacramento. We serve large and small clients, often remotely. Depending on the client's location, our services include estate planning, civil litigation, criminal defense, business law, landlord-tenant disputes, real estate, and firearms regulations. Our team of attorneys is licensed to serve clients in over 30 states. Contact us today to discuss your goals.