Blog
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.

11 March 2019

pistol silencerThis is the latest in a series of blogs summarizing state laws concerning firearms regulated under the National Firearms Act (“NFA”). It is not intended to be a comprehensive explanation of the law, nor is it intended as legal advice. You should always consult an attorney to determine how the law applies to particular circumstances. In this installment, we review Virginia law on silencers. Follow us to learn how various states regulate silencers and other NFA firearms, such as short barrel rifles and machine guns.

Silencers are legal in Virginia, and they may be used for hunting. 

It is unlawful to carry publicly a loaded semi-automatic center-fire rifle or pistol designed to accommodate a silencer in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William; however, this restriction does not apply to a person with a concealed handgun permit or engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. See Virginia Code Section 18.2-287.4.

 

Arsenal logo reverse webArsenal 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.

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

03 October 2018

Arsenal symbol 4 color printEvery day Arsenal Attorneys receives inquiries from across America about trusts and NFA firearms (silencers/suppressors, short barrel rifles, short barrel machine guns, AOWs, full auto, etc.). Here are the five most common topics we address for new and existing clients:

1. ATF Form 5320.20: Remember to submit this form to ATF if you have permanently relocated your NFA firearms. It is also required for interstate travel with NFA firearms, excluding silencers.

2. New Address: If you have a new address, identify this location as your trust's new 'place of administration' in a written statement providing notice to the beneficiary. As a courtesty, our firm drafts these statements for a very small fee.

3. New Design: If your Arsenal Gun Trust was drafted before 2016, or if your trust is not an Arsenal Gun Trust, we can completely revise it by means of a 'restatement.' Our new design provides guidance and customized tools to minimize the impact of Obama era regulations. It particularly helps you remove people before they must provide fingerprints and photos for NFA applications. See #4.

4. Add/Remove People: Contact us if you wish to change the people in a trust, particularly to exclude them from the fingerprint and photo requirements for new NFA applications. Remember, a person needs to provide fingerprints and photos only if they qualify as a 'responsible person' during the processing of an NFA application. We can help you appoint people to your trust after an NFA application is completed and when the fingerprinting and photograph requirements would no longer apply to those persons.

5. You Need a Trust: Ask us for an Arsenal Gun Trust if you want to register NFA firearms, to allow others to possess those arms, and to create an estate plan to avoid the need for new NFA registrations or a public probate court process.

For help with these and similar topics about the National Firearms Act, ATF regulations, and trusts, contact Arsenal Attorneys using our online form at this link.

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