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.
Governor Bobby Jindal (R-LA) signed House Bill 186 into law, which will legalize suppressor hunting for all game animals in Louisiana, effective August 1, 2014. This reform represents a nationwide trend to accept the use of suppressors in hunting for hearing safety and reduction of noise pollution. After Georgia and Alabama, Lousiana is the third state this year to legalize suppressor hunting for game animals. Similar legislation is now under consideration in Ohio. Sign up for our newsletter and follow us on Facebook to follow developments.
Arsenal Attorneys offers its Arsenal Gun Trusts in all of these states. Contact us to learn how you can obtain a silencer and protect your entire gun collection.
The state of Washington has joined the nationwide trend to expand rights to own firearms regulated by Title 2 of the National Firearms Act ("NFA"), such as silencers, short barrel rifles, and vintage machine guns. Effective June 12, 2014, it is legal "for a person to possess, transport, acquire, or transfer a short-barreled rifle [SBR] that is legally registered and possessed, transported, acquired, or transferred in accordance with federal law," according to the bill unanimously approved by the Washington Senate.
Arsenal Attorneys is ready to help clients in Washington, as well as 35 other states, buy or build short barrel rifles and silencers using our Arsenal Gun Trust. Before obtaining an SBR, an applicant must receive a tax stamp from ATF. A tax stamp is required before taking possession of an NFA firearm you purchased from a gun dealer. A tax stamp would also be required prior to making an NFA firearm. For example, regardless of whether you build an SBR from scratch or if you retrofit a gun to become an SBR, you must obtain a tax stamp first.
Ordinarily, applications for tax stamps must include fingerprints, photographs, and the signature of the chief law enforcement officer ('CLEO'). Once the tax stamp is issued, an individual person who owns an NFA firearm must be careful becuase it can be a felony if someone else has potential access to that firearm. Also, inheritance of an NFA firearm can pose risks. Our services address these issues.
By using our Arsenal Gun Trust you can simplify the ATF process by avoiding fingerprints, mugshots, and local police sign-offs. The The Trust also enables others to possess your NFA firearms legally. Finally, your Arsenal Gun Trust can serve as an estate plan for your entire gun collection to help your loved ones obey the law and protect the privacy of your firearms.
If you're interested in learning more about our services for clients in Washington and the 36 other states served by Arsenal Attorneys, visit our website to obtain informational materials about the Arsenal Gun Trust.
Arsenal Attorneys just received confirmation ATF has completed the next phase of its relaunch of the internet-based ATF eFile system. According to ATF, the public may now submit ATF Form 1 (also known as 5320.1 -- "Application to Make and Register a Firearm") using the eFile website. ATF originally launched eFile in August 2013 to offer the public a faster process to register firearms regulated by Title 2 of the National Firearms Act ("NFA"), including silencers, short barrel rifles (SBR), short barrel shotguns, and machine guns. Thus, instead of waiting 12 months for a tax stamp requested through a paper application process, applicants could use eFile to obtain a tax stamp in as little as 90 days.
Previously eFile exhibited technical problems, and ATF shutdown the eFile website on April 4, 2014 to correct these glitches. Now that eFile will be accepting Form 1, ATF has assured the public eFile will soon be ready to accept Form 3 and Form 4 for the transfer of NFA firearms, including silencers, machine guns, and short barrel shotguns.
The Form 1 is used when you want to make your own NFA firearm. This situation usually involved the building of an SBR. An applicant might begin with a stripped lower receiver, or perhaps they wish to retrofit a firearm to become an SBR. We advise each of our clients in how this can be done.
How can you take advantage of this good news?
The eFile system is only available to those using a legal entity, such as our Arsenal Gun Trust. In addition to becoming eligible for the faster eFile process, our clients also enjoy a simpler application process because an Arsenal Gun Trust avoids the need for fingerprinting, mugshots, and the signature of your local police chief. Additionally, you may use the Arsenal Gun Trust to allow other people to possess your NFA firearms legally. Finally, in most cases, we can design your Arsenal Gun Trust for your entire gun collection so your firearms could pass to the next generation privately and without a court proceeding. You may use the same Arsenal Gun Trust for the purchase or manufacture of multiple NFA firearms. Contact Arsenal Attorneys to learn more about these services. We offer a variety of options for every budget in most states.
Below is ATF's official announcement of concerning eFile and its ongoing effort to issue tax stamps faster:
We are pleased to announce the following updates to the eForms system:
Below is an update on the status on our processing of paper and electronic NFA applications. In the future, this information will be available through links on the eForms login screen:
In follow-up to ATF's letter dated April 16, 2014, regarding the status of the eForms system; this update is being provided to inform the industry of ATF's progress in addressing eForms and paper NFA applications. To accommodate the substantial increase in application volume that has recently occurred, ATF is working diligently to decrease processing times while continuing to enhance the eForms platform.
What is our progress to date?
From a peak of over 81,000 pending NFA applications at the end of February 2014, as of June 18, 2014, ATF has reduced the number to less than 63,000 applications pending (23% reduction in pending applications). In the last four weeks, although the NFA Branch received over 17,800 applications we processed more than 22,400 applications.
The statistics in the table below represent the processing of NFA Forms over the past four weeks.
NFA FORMS PROCESSED BY WEEK
Date (Week of) 5/28/2014 6/4/2014 6/11/2014 6/18/2014
All Forms 4,815 5,629 5,635 6,323
eForms 1,199 1,204 1,905 1,682
Paper Forms 3,616 4,425 3,730 4,641
At the same time, ATF has directed additional resources to NFA application processing:
Whether you're moving across state lines (interstate) or across the street (intrastate) you need to file a Form 5320.20 (Form 20) with ATF. If you're moving out of state, you need to submit a Form 20 about 3 months prior to your move so you can receive the pre-approval from ATF before transporting your NFA firearms. If you're moving within your home state, ATF requires written notification of the move and requests that you submit the Form 20 as your written notification. It's as simple as that. Remember that you must comply with the local state laws of your new home.
If you already have an Arsenal Gun Trust™, we can assist you with a change of address for your trust and even change the governing law of your trust if you have changed your home state. While we're at it, we can always add/remove persons in your trust and make modifications. Contact us to discuss these options.
If you don't have an Arsenal Gun Trust™ yet, contact us to learn how it can help you obey the law.
Are you building an SBR you intend to use with multiple calibers or barrel lengths or have you bought a manufactured lower and want to be able to change the caliber or barrel? Here’s what you need to know.
ATF only allows one caliber and/or barrel length in the description on their forms and this does not include the use of “multi” for those specifications.
Form 1. If you are building an SBR, you simply put the caliber and barrel length for the first configuration you intend to build. You can include an additional letter to ATF with your Form 1 detailing the other configurations you intend to use for your new SBR (be sure to include all the information needed for your Form 1: caliber, barrel length, and overall length for each configuration).
Form 4. You should list the caliber that is stamped on the lower for your Form 4. You can include a letter to ATF with your Form 4 detailing the other configurations you intend to use for an SBR (be sure to include caliber, barrel length, and overall length for each configuration).
If you change a configuration to one with a longer barrel removing it from the SBR classification, ATF has stated such temporary changes are permissible and can allow you to travel with your firearm out-of-state (without a Form 5320.20) as long as the shorter barrel stays in your home state. NOTE: If you still own and possess the shorter barrel (whether configured on the lower or not) the firearm is still considered an NFA firearm and cannot be removed from the NFA registry unless you no longer have the short barrel. SECOND NOTE: ATF has been known to change their opinions on policy issues periodically. Due to the discrepancy of a registered SBR with a longer barrel not needing a Form 5320.20 but still being considered an SBR may be a policy that changes. To be safe, we encourage always obtaining a Form 5320.20 prior to traveling interstate with any registered SBRs.
Before obtaining or building an SBR, an applicant must receive a tax stamp from ATF. By using our Arsenal Gun Trust™ you can simplify the ATF process by avoiding fingerprints, mug shots, and local police signatures. The Trust also enables others to possess your NFA firearms legally. Finally, your Arsenal Gun Trust™ can serve as an estate plan for your entire gun collection to help your loved ones obey the law and protect the privacy of your firearms.
Additionally, as we stated in our June 24, 2014 blog, ATF has re-launched Form 1s on the e-file system and Form 4s are to be re-launched in the “short term”. You can only take advantage of ATF’s e-file system if you have a legal entity such as a Trust. Contact us to learn how we can help you.
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.