Arsenal Attorneys

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.

 

 

 

 

This is an important time to submit applications to BATFE for NFA firearms, such as silencers, short barreled rifles and shotguns, and full auto. We can only predict these applications will become more difficult in light of ongoing efforts by the Obama administration.

Class 3 firearms dealers have already experienced as much as a 100% increase in their sales of silencers. It's possible supplies will reduce and prices will increase, particularly as gun dealers become either too cautious or unable to replenish their inventories during a time of growing political uncertainty. 

The transfer of NFA firearms requires submission of ATF Form 5320.4. A gun dealer would require payment of the full purchase price up front prior to submitting your 'Form 4' to ATF. For those people interested in NFA firearms, but are not ready to incur the costs of full retail purchases, ATF Form 5320.1 could be an option. The 'Form 1' is used to request pre-approval to build one's own NFA firearm. This most often arises when someone wishes to build a short-barreled rifle or even retrofit a rifle with a short barrel. The up front cost is the $200 tax payment for a Form 1. Unless an existing rifles is used in a retrofitting, a person might only need to purchase a stripped lower receiver for one tenth the cost of purchasing a complete SBR in a retail purchase. By using this approach, a person could obtain permission to build their SBR at a later date at relatively low up front cost. 

Applications for NFA firearms are made easier by using the Arsenal Gun Trust. In addition to simplifying this BATFE paperwork, the Arsenal Gun Trust also allows legal possession of NFA firearms by others, and it serves as an estate plan to avoid the court system.

Contact Arsenal Attorneys to set up your Arsenal Gun Trust today.

Friday, 29 November 2013 12:44

Engraving Magazines

In most states, we encourage clients to use their Arsenal Gun Trust for their entire gun collection, including magazines and ammunition. The Trust could provide privacy and security during inheritance, and the Trust might allow legal possession of restricted firearms-related items by people properly named in the Trust.

These concerns could apply to high capacity magazines. Some states have already banned large magazines. Arsenal Attorneys helps clients document ownership of magazines to help them avoid the legal problems a ban could create. In the event of a ban on the transfer of magazines, it would become important to document ownership of magazines and the date they were accquired them. Because magazines are generic, you could identify them in your records by creating a unique serial number to use in marking each magazine. 

Practically speaking, we've marked magazines using a hand engraver, and we've often asked our local gunsmith to laser engrave magazines for the sake of legibility and aesthetics. We're posting a video demonstration of Jeff May of US Tactical in Oakton, Virginia using his laser engraver to mark a polymer magazine with a serial number we created. 

In conclusion, we provide clients individual guidance in these matters because not all states' laws are the same, and we believe only a specially designed trust like the Arsenal Gun Trust should be used in the manner described above. Other trusts lack important protections for you privacy and security. Contact Arsenal Attorneys to learn more. 

Tuesday, 03 December 2013 07:15

Busting NFA Myths: ATF Searches

Each day we advise new and existing clients about the importance of creating and using an Arsenal Gun Trust now before threatened gun control restrictions could one day take effect, if ever.  To inform the public, we will be posting a series of 'myth-busting' commentaries becuase we're concerned about false information that could lead people to abandon plans to own NFA firearms without reason. NFA (National Firearms Act) firearms include silencers, short barreled rifles and machine guns.

Our first installment concerns a rumor claiming that any person owning or possessing NFA firearms surrenders their Constitutional rights protecting them from government searches.

While gun dealers are subject to unannounced inspections by BATFE for NFA firearms, civilian owners of NFA firearms, including trusts, are not.

The rumor probably arose from confusion about Class 3 licenses. Unfortunately many people incorrectly believe that any person who owns NFA firearms must have a 'Class 3 license.' That's not true. Only a gun dealer needs to have a Class 3 license. More accurately, Federal Firearms Licensees (FFLs) pay a Special Occupational Tax (SOT) to deal commercially in NFA firearms. BATFE may conduct a surprise inspection of such gun dealers once a year during business hours.

An article by the Colorado-based Rocky Mountain Gun Owners explains the distinction between how an FFL/SOT is subject to BATFE searches while private citizens are not. I’ve provided an excerpt below:

As to one who is neither a FFL nor SOT, but only owns weapons regulated under the National Firearms Act, ATF may only compel you to show an agent upon request the registration paperwork, that is the Form 1, 2, 3, 4, 5 or whatever else might have been used to register the weapon. See 26 U.S.C. sec. 5841(e). They do not have any right to compel you to produce the weapon. As always the Fourth amendment applies, and ATF may not enter your home or other place of storage of the NFA weapon, nor seize the weapon, without a warrant, or without falling under an exception the Supreme Court has created to the operation of the Fourth amendment, or without your consent.

Arsenal Attorneys offers the Arsenal Gun Trust to help you own NFA firearms lawfully and safely. Our solution is based on your personal situation and state law. We helps clients maintain control over their firearms, reduce the legal risk and stress of handling NFA firearms, and create a firearms estate plan for your entire gun collection–all of which are benefits of the Arsenal Gun Trust.

Thursday, 05 December 2013 09:26

End of Year Planning Checklist

As the end of the year approaches, now is a good time to review and update your estate planning. Here's a checklist we recommend:

  • Review your current will and trusts. These may need to be updated because of major changes in your life, such as births or deaths, a move to another state, etc.
Tuesday, 10 December 2013 14:11

It's Still an Important Time for NFA Firearms

Midnight last night brought the end of the comment period for ATF 41P, the Obama Administration's proposal re the use of entities to register firearms regulated by the National Firearms Act (NFA), such as silencers, short barrel rifles, machine guns, etc. Over 9,000 comments were posted, and we haven't yet to see any of them supporting the proposal. 

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Arsenal Attorneys is committed to answering your questions about estate planning, firearms, business law, litigation, and criminal defense issues.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

LOCATION

4000 Legato Road
Suite 1100
Fairfax, VA 22033
800.819.0608