Understanding The National Firearms Act (NFA) Of 1934
Introduction to Gun Legislation
The National Firearms Act (NFA) of 1934 was enacted for the purpose of limiting crime by discouraging firearm and other destructive device ownership. The act limited ownership via taxation but did not fully prohibit the firearms. The tax on ownership was $200, and that represented quite a significant amount for that time period.
Compliance & Enforcement
As criminals failed to register their weapons, the government was able to use such possession as a mechanism for arrest. At its origination, the U.S. Department of the Treasury was responsible for enforcing the National Firearms Act (NFA).
Types Of Weaponry
The National Firearms Act (NFA) currently controls the ownership, transfer, and possession of a limited set of weapons which include machine guns, silencers, short barreled rifles, and short barreled shotguns. Federal registration and a tax stamp for each device owned or transferred is required.
Oversight Of The Law
This stamp is acquired in the registration process and requires specific paperwork. The required paperwork includes Bureau of Alcohol, Tobacco, and Firearms (BATF) Form 1 or Form 4. The BATF currently enforces the National Firearms Act (NFA).
What To Know To Remain Compliant With Federal Law
What To Do And When
Typically, fingerprints and a payment of $200 are required for manufacture and transfer of most weapons. The tax is typically payable at the time of manufacture and each time the ownership of the device is transferred. However, there are exceptions.
Controlling The Process
The National Firearms Act (NFA) requires a unique serial number on every firearm and it is illegal to change, alter, or otherwise remove them. This allows the government to track manufacturers, importers, and dealers. Back in 1986, the Firearm Owners Protection Act made the manufacture of machine guns for non-government entities illegal.
Why You Need Proper Counsel
Just like with any estate planning instrument, a gun trust should be meticulously crafted by a knowledgeable, experienced, and resourceful attorney. Choosing a novice lawyer, or by attempting to create a gun trust on your own, will almost certainly result in dire consequences.
Put Our Legal Savvy To Work For You
Mr. Payne has been engaged in the practice of preparing, filing, and maintaing gun trusts for the better part of the last quarter-century. He is a well-respected figure in the Las Vegas legal community and would be honored to discuss the ways a gun trust would benefit both you and your heirs. We encourage you to call us today: 702-383-9010.
Understanding Gun Trusts And Why You Should Have One
Knowing The Jargon And Nuances
A gun trust, a National Firearms Act trust, and a firearms trust are different expressions for the same type of legal mechanism. A gun trust is a legal instrument through which you can own several items including NFA Class III weapons. Registering individual weapons will incur a cost of $200 per firearm and $5 per any other weapon (AOW).
The Importance Of Timely Submission Of Paperwork
Additionally, it is important to note that exhaustive forms and documents must be accurately completed and filed. These taxes and forms have to be fulfilled again upon transfer of the weaponry. Having a trust own these items will incur the cost of the firearm trust only.
Transfer Of Firearms Ownership
After payment for the development of your National Firearms Act trust, the weapons can move easily in and out of the gun trust, provided that all of the proper records are established and properly maintained. In addition, the weaponry can then move freely between trustees of your designation within the firearm trust.
Here To Honorably Serve You
If you are the owner of a valuable collection of firearms and reside anywhere in Southern Nevada, we encourage you to call veteran attorney Cary Colt Payne to arrange a complimentary initial NFA gun trust consultation at one of our Las Vegas offices.
More Important Gun Law And Gun Trust Information
Anyone who is caught in possession of an NFA Class 3 / Title II firearm that is not registered in their name may be fined up to $250,000 and spend a maximum of 10 years in jail. These are considered felonies.
Use Of Any Conveyance
Any vessel or vehicle used to transport, conceal, or possess an unregistered NFA Class 3 / Title II firearm is subject to seizure and forfeiture. The weapons will also be subject to the same. Possession of an unregistered NFA Class 3 / Title II firearm is a crime. The BATF states that if you are in possession of such a firearm, you should contact the nearest BATF office to arrange for its disposition.
Alterations Of Munitions
You cannot convert your rifle or pistol into a machine gun unless you are a machine gun manufacturer with a Federal Firearms License (FFL). You also cannot make a semi-automatic gun into a machine gun.
Guidelines And Restrictions
These are felony offenses that are subject to the punishments mentioned previously. An individual, business, trust, or the like, cannot register an unregistered NFA Class 3 / Title II firearm. Only a manufacturer or importer may do so. A trustee of a gun trust can ship firearms to another trustee within that same trust, provided that NFA Form 2 is properly developed.
Hiring A LawyerGun Trusts fall within an extremely specialized practice area and should only be constructed by a qualified attorney.
To educate yourself about the process, we've compiled a short, but critical, checklist of questions to consider before embarking on choosing a Gun Trust Attorney to draft this vitally important document on your behalf.
Firearms FAQsWhether you are in the market to buy, sell, transfer, or ship a firearm, there is much to know in order to stay compliant with the law.
As such, it would be smart to review this exhaustive compilation of some of the more commonly asked questions we hear at our office. If you still have questions, we encourage you to call or E-Mail for an appointment with us.
About The NFAWhether you are a novice gun owner or a lifelong firearms collector, remaining current with NFA Rules is an absolute must.
With that in mind, we hope you'll take the time to review the information and statutes we have aggregated for our readers. Mr. Payne would be happy to address any of your concerns not covered on our NFA Rules page.
The Right ChoiceA traditional trust should never be relied upon when there are rare, valuable, and cherished firearms contained in an estate.
To understand why a Gun Trust is the preferred instrument in these situations, simply consider the massive regulations imposed on firearms. For a thorough look at the matter, please read all about The Importance Of Gun Trusts.