Blog
06 February 2020

This is a special message for our clients in Virginia and for anyone concerned with gun control and gun trusts. All gun owners, particularly owners of NFA firearms, should contemplate the issues raised in action item #4 below.

 

RICHMOND, VIRGINIA -- Among several other threats to the right to keep and bear arms, Delegate Mark Levine’s House Bill 961 (HB 961) is on the agenda for the House Public Safety Committee Hearing on Friday, February 7th.

If passed out of committee, the House of Delegates will have until Tuesday, February 11th to pass this legislation, after which it would proceed to the Senate.

In addition to proposing a wide-reaching 'assault weapon' ban, including a firearms registry and a magazine ban, HB 961 proposes to ban the sale and possession of suppressors in Virginia.

Here's how you can join the fight against these infringements:

 

ACTION ITEMS

 

FIRST, if possible, attend the committee meeting on Friday, February 7th at 8:00 AM in House Room 1 of the General Assembly Building.

 

SECOND, call the committee members to express your opposition:

Committee Chairman Patrick Hope, (804) 698-1047
Vice Chairman Jeffrey Bourne, (804) 698-1071
Del. Jennifer Carroll Foy, (804) 698-1002
Del. Sam Rasoul, (804) 698-1011
Del. Joshua Cole, (804) 698-1028
Del. Kenneth Plum, (804) 698-1036
Del. Kaye Kory, (804) 698-1038
Del. Daniel Helmer, (804) 698-1040
Del. Mark Levine, (804) 698-1045
Del. Alfonso Lopez, (804) 698-1049
Del. Clinton Jenkins, (804) 698-1076
Del. Shelly Simonds, (804) 698-1094
Del. Marcia Price, (804) 698-1095

 

THIRD, send an automatically generated email message to these legislators in opposition to HB 961 by using this simple online tool.

 

FOURTH, be proactive and consider your options if gun bans come into effect. If this legislation is passed by both the House and the Senate, and then signed by the governor in its current form, it would come into effect January 1, 2021, before which time a suppressor would need to be destroyed, relocated out of state, or surrendered to law enforcement. We're providing clients private consultations to address the following:

  • Firearms registry compliance versus noncompliance.
  • Advantages of converting firearms into NFA arms.
  • Using a trust to store NFA firearms in another state.
  • Limitations on relocating non-NFA arms.
  • Updating the firearms estate plan in your trust.
  • Potential to reverse gun control laws in the future.

Arsenal Attorneys is actively supporting our allies in the Second Amendment movement and the firearms industry who are leading the fight against gun control in Virginia. We encourage you to join us in supporting the efforts of the Virginia Citizens' Defense League, the NRA, and the American Suppressor Association.

 

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.

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.

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.

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.

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.