Displaying items by tag: firearm

ATF sealATF provided an explanation of the common errors made on its "Form 4 - Application for Tax Paid Transfer and Registration of Firearm (ATF Form 5320.4)." The following is an excerpt from ATF's own recent newsletter, which can be found at this link:

Did you know that approximately 40 percent of all tax paid applications submitted to the NFA Division are incomplete and/or contain errors? Failure to properly complete necessary paperwork will result in the application being denied or returned for correction. Attempts to resolve these errors can lead to significant delays in processing the application. In these cases, the applicant is issued an error letter and given a period of 30 days to respond to ATF. Failure to respond in a timely manner will result in the application being disapproved. These delays can be avoided by taking the time to accurately complete the application in accordance with the instructions provided on the form. Below is a list of the most frequently encountered discrepancies:

Common Errors associated with ATF Form 4:
1. Missing Photos
2. Fingerprint Cards incomplete
3. Responsible Person Questionnaires (RPQs) - none submitted, too many submitted, insufficient number submitted (Must be one RPQ for each RP)
4. Trust/Individual names do not match on forms
5. Box 9 – Missing Transferor signature/date
6. Box 4d – Incorrect models
7. Box 12 – Law Enforcement Notification information not provided
8. Box 13 – Transferee Necessity Statement left blank
9. Box 17 – Missing Transferee signature/date

Arsenal Attorneys™ help clients with address these issues on a daily basis, and we've taught this area of law and regulations to lawyers across America. We recommend using a trust as the applicant on a Form 4 because our client, acting as trustee of his own trust, may authorize other eligible people to possess the trust’s NFA firearms. Additionally, the trust could provide an estate plan allowing successor and beneficiaries to keep those NFA firearms without the need for a public probate court process.

Are you interested in owning a silencer? Read the Arsenal Gun Trust™ Tutorial and FAQs to learn how to properly register, handle, and inherit NFA firearms, including short barrel rifles and machine guns.

Arsenal Attorneys™ serve clients in the area of firearms law. The firm serves clients across America from its headquarters in the metro-Washington, DC area. The firm is particularly renowned for its Arsenal Gun Trust, a solution helping clients in the registering, handling, and estate planning of firearms, particularly those regulated under the National Firearms Act. Arsenal Attorneys' team includes lawyers licensed to practice law in nearly every state where NFA firearms are lawful to possess.

We currently serve clients in the following states (subject to change): Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oklahoma, Oregon,Pennsylvania, Tennessee,Texas, Utah, Vermont, Virginia, Washington, and West Virginia.

This information is provided for informational purposes only, and it is not legal advice, nor does it establish an attorney-client relationship.

ATF sealATF provided an explanation of the common errors made on its "Form 1 - Application to Make and Register a Firearm (ATF Form 5320.1)." The following is an excerpt from ATF's own recent newsletter, which can be found at this link

Did you know that approximately 40 percent of all tax paid applications submitted to the NFA Division are incomplete and/or contain errors? Failure to properly complete necessary paperwork will result in the application being denied or returned for correction. Attempts to resolve these errors can lead to significant delays in processing the application. In these cases, the applicant is issued an error letter and given a period of 30 days to respond to ATF. Failure to respond in a timely manner will result in the application being disapproved. These delays can be avoided by taking the time to accurately complete the application in accordance with the instructions provided on the form. Below is a list of the most frequently encountered discrepancies:

Common Errors associated with ATF Form 1:
• Missing Photos
• Fingerprint Cards incomplete (Often missing biometric information)
• Responsible Person Questionnaires (RPQs) - none submitted, too many submitted, insufficient number submitted (Must be one RPQ for each RP)
• Trust/Individual names do not match on forms
• Box 4a – Original Manufacturer not provided/incorrect
• Box 4i – Intent not provided
• Box 4d – Incorrect models
• Box 4h – Maker’s name, city, state not provided
• Box 7 – Missing signature of applicant
• Box 10 – Law Enforcement Notification information not provided

Arsenal Attorneys™ help clients with address these issues on a daily basis, and we've taught this area of law and regulations to lawyers across America. We recommend using a trust as the applicant on a Form 1 because our client, acting as trustee of his own trust, may authorize other eligible people to possess the trust’s NFA firearms. Additionally, the trust provides an estate plan allowing successor and beneficiaries to keep those NFA firearms without the need for a public probate court process.

Are you interested in owning a silencer? Read the Arsenal Gun Trust™ Tutorial and FAQs to learn how to properly register, handle, and inherit NFA firearms, including short barrel rifles and machine guns.

Arsenal Attorneys serve clients in the area of firearms law. The firm serves clients across America from its headquarters in the metro-Washington, DC area. The firm is particularly renowned for its Arsenal Gun Trust, a solution helping clients in the registering, handling, and estate planning of firearms, particularly those regulated under the National Firearms Act. Arsenal Attorneys' team includes lawyers licensed to practice law in nearly every state where NFA firearms are lawful to possess.

We currently serve clients in the following states (subject to change): Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oklahoma, Oregon,Pennsylvania, Tennessee,Texas, Utah, Vermont, Virginia, Washington, and West Virginia.

This information is provided for informational purposes only, and it is not legal advice, nor does it establish an attorney-client relationship.

By George L. Lyon, Jr, Esq.

 

Although, the Second Amendment guarantees the right of the people to keep and bear arms, that right is not absolute. A person can lose his or her firearm rights in a number of ways. These include conviction of a felony, an involuntary commitment to a mental hospital, conviction for a domestic violence offense, or being subject to a domestic abuse restraining order. There are a number of other prohibited categories not pertinent to this discussion.

If you have been convicted of a felony by a Virginia state court or subject to an involuntary commitment to a mental health facility in Virginia, there are procedures whereby we can help you obtain your firearms rights back. We need to emphasize, however, that if you have been convicted of a felony in federal court, these procedures will not work for restoring your firearm rights. At this time only a presidential pardon can do that. Additionally, these procedures will not work for a domestic abuse conviction.


If your conviction resulted from a plea agreement, in which you pled guilty to a lesser offence in exchange for a lighter sentence, you might not have realized that you lost your Second Amendment rights as part of your plea deal. If your facing criminal charges, it’s important to be represented by competent legal counsel who is also sensitive to your wish to preserve your rights.

 

Restoring Rights from a Virginia State Felony Conviction


In Virginia, anyone convicted of a felony will lose his or her firearm rights. However, Virginia law allows restoration of firearm rights following a felony conviction. It is a two-step procedure. The first step, following service of the sentence and any period of probation, is to seek restoration of civil rights from the Governor. This can be accomplished via the Virginia Secretary of the Commonwealth’s web site. The applicant will be sent an executive order from the Governor restoring his or her civil rights, except for the right to possess and ship firearms. The applicant will then need to petition the Circuit Court in the county or city where he or she lives to restore his firearms rights. Arsenal Attorneys™ can assist you with this process.


We will ask to obtain records relating to your conviction and other documents supporting your rehabilitation to include in the petition, including your employment history, community involvement, and letters of recommendation from persons in the community. We then submit the petition to the court and to the local Commonwealth’s Attorneys office. Often the Commonwealth’s Attorney will agree to the proposed order to restore gun rights. If not, the Court will schedule a hearing to decide whether to grant the petition.

 

Restoring Rights from an Involuntary Mental Health Commitment


The procedure for restoration of rights from a mental health commitment is slightly different. A petition is filed with the District Court where the petitioner resides rather than the Circuit Court, and it is served on the Commonwealth’s Attorney. The Court will schedule a hearing on the petition.


The petition for restoration from a mental health commitment contains similar information as a petition for restoration from a felony conviction. But rather than providing information concerning a conviction, the petition includes information concerning the original commitment, including, if possible, notes from the treating facility. We also strongly suggest including a current evaluation from a mental health profession, such as a psychologist or psychiatrist. We have doctors who are knowledgeable of gun issues to whom we refer our clients. We also recommend including other documents such as employment history, driving record, and letters of recommendation.


If you have been previously convicted of a felony in a Virginia court or involuntarily committed in Virginia and would like to explore restoration of your firearm rights, we offer a complimentary consultation to explore whether you are a good candidate to apply for restoration of your firearms rights. Please contact Arsenal Attorneys to learn how we can help you restore your rights.

Arsenal Attorneys’ George Lyon is licensed to practice law in Virginia and the District of Columbia. He was one of the plaintiffs in the Palmer v. District of Columbia case that forced DC to begin issuing concealed carry licenses and in the Heller case that legalized handguns in Washington, DC. Mr. Lyon is licensed by the Metropolitan Police Department to teach the DC concealed carry course including the renewal course and conducts the course monthly. His next class is November 16 in Arlington, Virginia. To sign up for his course, contact Mr. Lyon at gll[at]arsenalattorneys.com or at 703-291-3312.

This blog is for educational purposes only and is not intended as legal advice or to create an attorney-client relationship.


As gun lawyers, Arsenal Attorneys™ advise clients in the implications of keeping and bearing arms. We draw (no pun intended) on our collective in-house experience as lawyers, firearms instructors, range safety officers, and firearms dealers—a holistic approach, if you will. Regardless of how we look at it, backpacks and guns just don’t mix. From a legal standpoint, or tactically speaking, once you separate a gun from your person, you run the risk of making it inaccessible or worse, forgetting it altogether. Thus, your gun might not be where you need it, or you might take it where it is forbidden.


In self-defense law classes, we stress to students the need to carry their guns. Venable firearms instructor Tom Givens has taught many thousands of students over his 35 plus years as an instructor. Givens reports that 66 of his students have been involved in gun fights. Sixty survived with no injuries. Three were injured. Three were killed. Of this sample population, Givens confirmed the fatalities occurred when those three of his students found themselves unarmed in the face of danger.
When left without a practical method to carry a firearm on their person, many people choose to carry off their bodies. This is especially common with women who tend to wear clothes that are form-fitting and lack layers to conceal a sidearm. A purse becomes the most readily available option. Some people find a firearm too uncomfortable to carry and opt for off body carry in a fanny pack or backpack. Still others need to transport a firearm, and rather than going ‘strapped’, they carry their gun in a bag.
Off body carry, particularly with a backpack, however, carries both tactical and legal risks.


Lack of quick access to the firearm poses practical and liability problems. The need for a firearm is likely to arise rapidly. If a concealed carrier has the time to take the backpack off, open it up, find the gun amid everything else in the backpack, and pull out the gun, there is a good chance he has the opportunity to retreat and avoid using deadly force altogether. A safe retreat, if available, is almost always going to be a person’s best option both tactically and legally. After all, avoiding the gun fight could mean you don’t get shot, don’t get sued by the person you shot or his family, and don’t get arrested. Alternatively, if there is no time to draw the gun from a bag, then it is like having no gun at all.


We always emphasize situational awareness, and a frequent legal problem involving guns and bags reflects the total opposite mindset: forgetfulness. In numerous cases, we have represented well-intentioned clients whose guns forgotten in bags or briefcases are discovered by security guards at the entrances of ‘gun-free zones’, especially during x-ray screening at government facilities and airports. Incidentally, the number of arrests at the airport for unlawful possession of guns or ammunition has dramatically increased, not necessarily because of an increased number of guns discovered, but because of more aggressive prosecution of these cases.


Every case in which we have been contacted by a potential client arrested for gun possession in a security checkpoint had forgotten that gun in a backpack. There are obviously serious consequences even to inadvertently entering a secured area with a firearm. In the District of Columbia, the government can charge the felony of carrying a handgun without a license, possession of an unregistered firearm, and possession of unregistered ammunition, the latter two charges being misdemeanors having potential jail terms of one year. Assuming the individual has a license to carry in the District of Columbia, that license very well could end up revoked and the carrier charged with a misdemeanor for violating carry restrictions. That offense comes with a potential jail term of 180 days.


At Virginia airports, the charge could be carrying a dangerous weapon into an air terminal, a Class One misdemeanor, carrying a potential jail term of one year and/or a fine of up to $2,500. On top of that, TSA is likely to impose an administrative fine on the offender.


There are similar statutes covering courthouses and schools in Virginia.

In almost all cases involving persons with a clean record and no aggravating circumstances, it could be possible to negotiate a disposition that avoids jail time. However, if a person convicted of a crime could have been subject to imprisonment of more than a year, whether a misdemeanor or a felony, and regardless of whether they had been imprisoned at all, such a person would become a ‘prohibited person’ and therefore lose the Second Amendment right to keep and bear arms.
Our best advice, to ensure your personal safety and to reduce your legal risks, don’t carry a gun in a backpack.

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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.

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4000 Legato Road
Suite 1100
Fairfax, VA 22033
800.819.0608