On August 1 Minnesota became the 36th state to legalize game hunting with a suppressor, and in October 2015 Maine will be the 37th to do so.  

In these states, hunters using suppressors enjoy greater hearing safety (for themselves and their dogs), greater situational awareness, reduced noise complaints, and greater accuracy because of recoil reduction.

Critics' claims that suppressors will lead to increased poaching have proven unfounded.

Arsenal Attorneys serve clients in nearly every state where suppressors are legal to own.  Contact us to learn how our Arsenal Gun Trust we helps clients obtain, handle, and inherit firearms safely and legally.

On August 7, 2015, North Carolina Governor Pat McCrory signed HB 562 into law, thereby making the Tar Heel State the 14th to implement Shall-Sign/Shall-Certify legislation for applications to own firearms regulated by the National Firearms Act (NFA), including suppressors, short barrel rifles and machine guns.

Ordinarily applicants who wish to obtain NFA firearms (whether by transfer or by their own making) must provide the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) the following:  a set of fingerprints, a set of photographs, and an BATFE application signed by their local Chief Law Enforcement Officer (CLEO).  All of these requirements must be repeated by the individual applicant for each and every NFA firearm they wish to register with BATFE.

The CLEO is usually the sheriff or chief of police.  In some local jurisdictions, CLEOs have refused all requests for their their signatures, and thereby obstructed applicants who have their full legal rights to own these legal firearms.  In response, 14 states, including North Carolina, have enacted legislation requiring CLEOs to grant signatures to eligible applicants.  These reforms will undoubtedly help applicants dealing with CLEOs who unjustly refuse signatures for NFA applications; however prospective NFA firearms owners should still think carefully before seeking a CLEO signature.  

In the 14 shall sign states, and the 40 total states which allow ownership of at least some NFA firearms, NFA applicants still have the option to use an alternative like the Arsenal Gun Trust.  By using a trust, no CLEO signature is required for NFA applications whatsoever, and neither are fingerprints or photographs.  Thus the applicant avoids that time consuming red tape and loss of privacy.  

By using an Arsenal Gun Trust, the applicant may also help ensure their NFA firearms are handled safely and legally because other eligible people can be named in the trust to grant them legal possession.  Without a trust, individually owned NFA firearms could create criminal liability if another person has possible access to the NFA firearms in the absence of the registered owner.  This concerns arises even when a spouse has the combination to your gun safe or if you leave your gun case in your friend's locked car.

Additionally the Arsenal Gun Trust may act as an estate plan to help beneficiaries inherit firearms privately, legally, and safely. In fact, in most states the Arsenal Gun Trust can used for an entire gun collection, including non-NFA firearms and accessories.  Therefore, your gun collection could be inherited without probate court.  Additionally, the Arsenal Gun Trust provides guidance to your successors to help them understand how to stay safe and comply with the law.

While 'shall sign' legislation could become an important solution for worse gun control laws in the future, firearms owners should always explore all the alternatives, including an Arsenal Gun Trust.  Contact Arsenal Attorneys to discuss your goals and determine how we can help you and your loved ones protect your gun collection.

The U.S. House of Representatives dealt a significant blow to the Obama Administration’s ‘41P’ proposal attempt to create red tape for firearms regulated b the National Firearms Act (‘NFA’), such as suppressors, short barrel rifles, short barrel shotguns, and machine guns.

Before discussing the legislation passed by the House, let’s review recent events with 41P.  In Spring 2015, the National Sheriffs’ Association, which represents elected sheriffs of both political parties, publicly announced its opposition to 41p.  Subsequently, in May 2015, BATFE skipped yet another one of its self-imposed deadlines for 41P and announced a six month delay.  Such delays by BATFE have become the norm since 41P was first proposed almost two years ago.  This latest delay put any possible adoption of 41P into fiscal year 2016, unless it were canceled altogether or were delayed like many times before.  Enter the U.S. House of Representatives, which controls the purse strings of the federal government.

On June 3rd, the U.S. House of Representatives approved the fiscal year 2016 Commerce, Justice, Science and Related Agencies (CJS) Appropriations bill, H.R. 2578 by a 242 – 183 margin. The House passed that bill with an amendment submitted by Congressman John Carter (R-TX), which denies BATFE funding for 41P or any other change to the NFA.

The U.S. Senate is now considering the CJS bill.  Its version might require reconciliation with H.R. 2578, and then the final version will either be signed for vetoed by President. 

Undoubtedly, these recent events reflect the growing, high-level support for the fight against 41P.  If a person still felt concerned about the possibility of 41P or other new gun control laws, it is best to be proactive.  For this reason, Arsenal Attorneys™ offer the Arsenal Gun Trust™.  Our solution can help with the acquisition of NFA firearms, the lawful handling of those firearms, and the inheritance of them. We serve most states, and most clients can use an Arsenal Gun Trust™ to protect their entire gun collection.

Contact us to learn about these and other services.

Arsenal Attorneys' Managing Attorney, Matthew Bergstrom, was a guest speaker at the 75th Annual Conference of the National Sheriffs' Association on Saturday June 27, 2015 in Baltimore, Maryland.  Mr. Bergstrom spoke about a regulation proposed by the Obama Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) known as 41P. It concerns firearms regulated by the National Firearms Act (NFA). Specifically Mr. Bergstrom addressed the administrative burden the sheriffs would shoulder if 41P came into effect.  

In response, the National Sheriffs' Association has publicly announced their opposition to 41P because they see no law enforcement concern in the private ownership of NFA firearms, including suppressors and short barrel rifles.  The strong influence of the Sheriffs on this issue has increased speculation that 41P will be abandoned; however there is no certainty.  

So long as gun control is debated, Mr. Bergstrom recommends a proactive approach, including the creation of an Arsenal Gun Trust, to protect clients, their firearms, and their loved ones who handle and inherit clients' gun collections. 

Arsenal Attorneys' Managing Attorney, Matthew Bergstrom, was a featured instructor for a seminar organized by the American Bar Association on firearms, particularly gun trusts and NFA firearms. Mr. Bergstrom presented solutions for protecting clients, and he discussed the challenges lawyers must overcome in handling firearms-related issues.  He encouraged the audience to provide clients informative and user friendly solutions.  He cautioned that complex legal documents can easily become incomprehensible and provide a false sense of security.  Instead, attorneys should focus on the needs of clients and also the needs of the clients' successors who will one day become involved in estate plans.  

Arsenal Attorneys' Managing Attorney, Matthew Bergstrom, presented a seminar on firearms issues to an audience of lawyers in Orlando, Florida.  The event was organized by MyLawCLE.com.  Mr. Bergstrom particularly emphasized the importance of understanding the special firearms-related concerns of clients regarding compliance, security, privacy, and inheritance.  Mr. Bergstrom also addressed various current events and their impact on clients' legal matters.