Arsenal Attorneys NFA Firearms Blog
30 October 2019

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.

29 October 2019

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.

23 October 2019

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.

23 October 2019

By George L. Lyon, Jr, Esq.

Arsenal Attorneys frequently advises clients in the concealed carry of firearms, including licenses to carry in the District of Columbia by residents and nonresidents alike. After helping win the battle for these rights, I now help clients renew their carry licenses. This blog provides a summary of the license renewal procedure. But first, some history.


Two years ago, on September 28, 2017, the Federal DC Circuit Court of Appeals declined to overturn the ruling of its three-judge panel in Wrenn v. District of Columbia finding DC’s ‘may issue’ concealed carry licensing scheme unconstitutional. Since that time, DC has been a ‘shall issue’ concealed carry jurisdiction.


As a result of the court’s ruling, DC concealed carry licenses have increased from 123 in September 2017 to 3,339 as of the end of August 2019. Despite DC’s lamentations that shall issue conceal carry would threaten public safety, the record shows that DC’s concealed carry license holders have been exceedingly law abiding. Since June of 2014, when the courts first forced DC to issue concealed carry licenses, only two concealed carry licenses have been revoked for criminal violations and these were not for violent crimes, but rather for violation of one of DC’s myriad, complex weapons offenses, e.g., possessing a firearm in DC the license holder had not registered.


Nor have DC concealed license holders set off gun fights in the street. There has been just one reported shooting by a DC concealed carry license holder. It occurred when the license holder fired in self-defense when attacked by two would be robbers. No charges were filed against the licensed carrier.


Given that DC requires its concealed carry licenses to be renewed every two years and that quite a few people applied for carry licenses soon after DC went shall issue in September of 2017, we thought we would review the procedure for renewing DC carry licenses. The good news is that unlike the rather complex and time-consuming process for receiving the initial carry license, the renewal process has been greatly streamlined.


Although the initial mandatory training for the DC carry license is 16 hours of classroom instruction and two hours of range training, the renewal training requirement is just four hours of classroom training plus a two-hour range session. The renewal training requirement is mandatory and not waivable. A DC-licensed firearm instructor will provide you a certificate documenting proof of your training which you must submit with your renewal application. The Metropolitan Police Department (MPD) has a portal on its website allowing you to pay the $75 fee and submit the renewal application and training certificate online. It can be accessed at this link. If your renewal is submitted online, your renewed license will be mailed to you in about a week.


Be advised that for reasons unknown the portal is sometimes unreliable. Alternatively, you may submit the application and training certificate at MPD’s firearm registration office at 300 Indiana Avenue to submit your application, training certificate, and $75 renewal fee. When submitting in person, your renewed license will be issued to you after about an hour’s wait.


Remember, a carry license holder may only carry a firearm that has been registered in DC. There is no requirement to re-register the guns that you carry. In a later blog, we will explain which firearms are legal to possess and register in Washington.

 

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.

12 August 2019

Arsenal symbol 4 color printArsenal Attorneys and our Arsenal Gun Trust services will be featured in an upcoming online seminar on August 20 for lawyers concerning estate planning for firearms entitled, "Firearms in Estate Administration: Legal Issues, Executor Liability, Transferring Title I and II Guns, Penalties -- Understanding Gun Legal Designations, In-State and Out-of-State Transfers, Use of Gun Trusts."

This CLE webinar will guide estate planners and administrators on managing the legal challenges of firearms in estate and trust administration. The panel will discuss federal gun laws and firearm designations, issues for beneficiaries inheriting guns, in-state and out-of-state transfers and legal ownership, use of trusts and other entities to legally transfer guns, and best practices to avoid mishaps in the administration of estates or trusts holding firearms.

 

The administration of an estate holding firearms can cause increased expenses, fees, taxes, and potential liability if mishandled. Managing guns within an estate requires an in-depth knowledge of a myriad of federal and state regulations to adhere to in order to avoid excessive fines and criminal liability.

The National Firearms Act (NFA) encompasses strict prohibitions and restrictions on the transfer of certain firearms. Prohibited possession can be actual or constructive with zero tolerance for inadequate processes in the acquisition. Also, state laws will apply to transfers or sales of firearms within their jurisdictions. If there is an out-of-state transfer or sale of a gun, compliance with federal and state laws becomes more complicated.

Estate planners and executors must be mindful of the possibility that some beneficiaries may be ineligible to receive firearms and consider alternative methods to align with a client's intent, such as naming alternate recipients or by creating a gun trust. Trusts can legally hold the firearms and allows a trustee to lawfully possess the firearms and minimize administration issues regarding the transfer or sale of firearms during probate.

The panel will discuss the classification, ownership, and transfer rules applicable to firearms, and the creation and use of guns trusts and other planning methods to ensure the proper administration of an estate holding firearms.

Seminar Topics will also include:

  • Firearm classification, ownership, and transfer rules
  • Federal and state gun laws
  • Title I vs. Title II firearms
  • In-state and out-of-state transfers
  • Handling the estate administration of firearms
  • Key considerations for gifts and bequests
  • Valuation
  • Legal ownership
  • Potential penalties and liability
  • Gun trusts
  • Liability issues
  • Sale or transfer of estate-held firearms
  • Best practices for estate planners and administrators

For more information, contact Arsenal Attorneys using the contact form at our website.

 

03 June 2019

WASHINGTON, DC: In remarks made by President Donald Trump yesterday as he departed for his state visit to London, he commented on the recent shooting in Virginia Beach in which the gunman used a suppressed firearm. When asked for his views on silencers, the President remarked, “I don’t like them at all.”

Interestingly, the President’s son, Donald Trump, Jr, has previously promoted the benefits of firearm suppressors for hearing safety and accuracy, while condemning the distorted depictions of silencers by the media.

Readers will recall that despite the President’s vehement commitment to the Second Amendment, the Trump administration recently banned bump stocks in response to the Las Vegas shooting on October 1, 2017. Could the Virginia Beach incident give rise to a similar response from the White House against silencers?

In the case of bump fire stocks, ATF overstepped its regulatory and statutory power in re-defining terms by which machine guns are regulated. Specifically, ATF said devices that could “increase the rate of fire” of a firearm could be deemed a machine gun and therefore banned. Of course, such an expansive approach could later be applied to an ever-widening range of firearm parts, such as magazines, triggers, etc.

Like machine guns, silencers are regulated under the National Firearms Act (“NFA”). A person, or a legal entity like the Arsenal Gun Trust™, may own a silencer by submitting to ATF an application including the responsible person’s fingerprints and photographs along with a $200 tax payment. Possession of NFA firearms may not be shared, unless they are owned by a trust or other legal entity.

Arsenal Attorneys™ recommend a trust 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.

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We serve clients in most states across America.