Tag Archives | Firearms Lawyer

The National Firearms Act: A Brief History

The Original National Firearms Act Originally passed into law in 1934, the National Firearms Act (“NFA”) was enacted in response to the surging crime gang of the era, like the St. Valentine’s Day Massacre. Congress addressed this issue by imposing a “tax” on certain firearms and devices mistakenly thought to contribute to this crime wave: [...]

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Nevada Law and the National Firearms Act

Nevada Law and Class 3 Firearms Fortunately for residents of Nevada, possession and ownership of Class III (Title II) firearms (e.g. short barreled rifles/shotguns, machine guns, silencers, etc.) is permitted within the confines of the NFA (See NRS 202.275(3)(b) and NRS 202.350(6), respectively). A qualified individual (or entity) can own and possess Class III (Title [...]

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Ownership of Class III (Title II) NFA Weapons: Corporation and Limited Liability Company

Corporate and LLC NFA Ownership Another possible method for ownership of firearms governed by the National Firearms Act (“NFA”) is creating a corporation or limited liability company. While this approach is less popular than the individual or trust route, it does have its advantages, most notably dispensing with the need for fingerprints, photographs and most [...]

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Ownership of Class III (Title II) NFA Weapons: Trust

Nevada Gun Trust Ownership of NFA Firearms A trust, specifically a Revocable Living Trust, is a popular method for more people to legally own and possess Class III (Title II) firearms regulated by the National Firearms Act (“NFA”) in states that permit such ownership. Considering the advantages a trust possesses, it is clear why it [...]

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Gun Trust Issues Using Quicken Willmaker

Possible Problems Using Quicken Willmaker For A NFA Gun Trust Below are some issues that can arise from using Quicken Willmaker to create a gun trust for NFA purposes. Although many have successfully used Quicken Willmaker to create a NFA Gun Trust subsequently approved by the BATFE, potential flaws can still exist. Most of these [...]

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Gun Trust Issues Using LegalZoom

Possible Problems Using LegalZoom For A NFA Gun Trust Below are some issues that can arise from using LegalZoom to create a gun trust for NFA purposes. Although many have successfully used LegalZoom to create a NFA Gun Trust subsequently approved by the BATFE, potential flaws can still exist. Most of these potential problems can [...]

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Straw Purchases: The Real Deal

Understanding Straw Purchases for Guns/Firearms What Is A Straw Purchase? When a buyer uses an illegal “straw purchaser” to acquire a firearm on their behalf, he or she is in violation of federal law. More accurately, when someone uses another straw purchaser to complete Form 4473, both the person completing the form and the person [...]

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BATFE Changes and Examiner Assignments

Recent NFA Branch Examiner Changes Effective July 1, 2011, the BATFE has restructured how examiners are assigned in its NFA branch. From this point on, Forms 1, 2, 10, and 5320.20 will be assigned to an examiner based on the applicant’s address. Forms 3, 4, and 9 will be assigned to an examiner based on [...]

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The NFA and Search Warrants

The Urban Legend Of The NFA And Search Warrants As a shooter in addition to a lawyer, I get to hear some pretty interesting fairy tales. Among the most persistent rumors among the NFA community is this one: “If I get an NFA item, the BATFE can enter my home without a warrant and search [...]

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