This weekend will be the 10th annual ATF Party, to promote the rights to enjoy alcohol, tobacco, and firearms. The event is organized by the Independence Institute, a Denver-based think tank dedicated to personal and economic freedom.
The ATF Party will give attendees of all skill levels the opportunity to hone their shooting abilities and celebrate their civil liberties.
There is much concern and confusion regarding the perceived loss of rights or privacy by private, civilian owners of NFA firearms. While an FFL/SOT is subject to inspections by BATFE, private citizens are not subject to the same scrutiny.
The confusion on this issue seems to stem from the false assumption NFA firearm ownership requires a Class 3 license. It does not. A private citizen may obtain permission to own silencers, short barrel rifles/shotguns, machine guns, etc without a Class 3 license–whether that private citizen uses a gun trust or not.
An article by the Colorado-based Rocky Mountain Gun Owners explains the distinction between how an FFL/SOT is subject to BATFE searches while private citizens are not. I’ve provided an excerpt below:
As to one who is neither a FFL nor SOT, but only owns weapons regulated under the National Firearms Act, ATF may only compel you to show an agent upon request the registration paperwork, that is the Form 1, 2, 3, 4, 5 or whatever else might have been used to register the weapon. See 26 U.S.C. sec. 5841(e). They do not have any right to compel you to produce the weapon. As always the Fourth amendment applies, and ATF may not enter your home or other place of storage of the NFA weapon, nor seize the weapon, without a warrant, or without falling under an exception the Supreme Court has created to the operation of the Fourth amendment, or without your consent.
Arsenal Attorneys offers the Arsenal Gun Trust to help you own NFA firearms lawfully and safely. Our solution is based on your personal situation and state law. We helps clients maintain control over their firearms, reduce the legal risk and stress of handling NFA firearms, and create a firearms estate plan for your entire gun collection–all of which are benefits of the Arsenal Gun Trust.
Arsenal Attorneys will exhibit at the Nation’s Gun Show in Chantilly, Virginia July 27-29. This is one of the biggest gun shows on the East Coast featuring a display from the nearby NFA Hqs Museum. It is said that if all the exhibitors’ tables from this show were in a straight line, it would extend over a mile a half.
This will be a great opportunity for you to ask us questions about the National Firearms Act (NFA), Class 3 gun dealers, BATFE applications (like ATF Form 1 and ATF Form 4), or estate planning for firearms.
A popular topic at the gun show concerns BATFE’s right to search. We can clear up much of the confusion on issues like this. BATFE has a right to enter the premises of a Class 3 gun dealer once a year during normal business hours; however this does not apply to owners of NFA firearms, including NFA gun trusts. If BATFE wanted to search your home because of your ownership of a silencer/suppressor, short barrel rifle or shotgun, or machine gun, they would need your permission or a warrant.
Of course the gun show is also a great opportunity for us to meet clients in person from the surrounding region, including Virginia, Maryland, Pennsylvania, North Carolina, and Georgia. We will soon have the ability to serve clients in nearby West Virginia and Tennessee as well.
Probably the most popular benefit of an NFA gun trust is how it streamlines the BATFE Form 1 and Form 4 process (no fingerprints, mugshot, or CLEO signature); however the two additional benefits offered by the Arsenal Gun Trust can be more important to you in the long run. They are the estate planning and the ability to authorize others to have access to your NFA/Class 3 firearms.
Why would you authorize access by others to your NFA guns?
Imagine you owned a silencer, short barrel rifle, or machine gun personally, without the benefit of an Arsenal Gun Trust. Legally, that firearm can never be outside your dominion and control. Of course responsible gun owners ensure their firearms are always secure; however if you needed to allow access to your firearms by another person in an emergency or for your convenience, you don’t want to worry that access is a crime. Consider these examples:
To protect yourself and those in situations like those above, you can use the Arsenal Gun Trust to authorize them to have access to your NFA firearms. If you choose to do so, we ensure you are still in control of your trust and your firearms. You have ultimate authority over all issues involving your Arsenal Gun Trust and the firearms it owns. Also, you’ll have flexibility over time because you can add or remove the other people in your trust whenever you choose.
Arsenal Attorneys offer a specific version for each state the firm serves, including: Arizona, Colorado, Georgia, Maryland, New Mexico, North Carolina, Pennsylvania, Tennessee, Texas, Utah, and more.
According to this news report: “A former U.S. Navy SEAL was sentenced Tuesday to over 17 years in prison after prosecutors said he led a scheme to sell machine guns, explosives and military hardware smuggled into the U.S. from the Iraq and Afghanistan wars.”