“Abom & Kutulakis L.L.P. – helping people and their families secure and protect their rights to responsible and lawful gun ownership.”
What is an NFA Gun Trust?
The National Firearms Act (NFA) regulates the manufacture, ownership, possession and transfer of firearms, including machine guns, short-barreled shotguns, short-barreled rifles, suppressors (silencers), destructive devices and “any other weapon” as defined by law. Most of these items are lawful in Pennsylvania, but the process for an individual person to acquire the required Tax Stamp from the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) can be complicated and overwhelming. The law allows for these Tax Stamps to be acquired and held by corporations, companies, partnerships, trusts and other legal entities. The gun attorneys at Abom & Kutulakis, LLP can tailor a customized plan to fit you and your family’s needs.
The penalties for violations of the National Firearms Act can be harsh and can include forfeiture of all weapons, ten (10) years in jail, and fines up to $250,000. The gun attorneys at Abom & Kutulakis, LLP will fight for your rights.
Why might a Trust, Corporation or other entity be the best option?
*LAW ENFORCEMENT CERTIFICATION
The BATFE mandates that all individuals obtain the written approval from their Chief Law Enforcement Official (CLEO) before he or she may obtain an NFA item from another individual or a licensed dealer. Alarmingly, many CLEOs often refuse to certify or even acknowledge the application or BATFE forms. An NFA Gun Trust does not require the certification of the CLEO for the BATFE to approve a Form 4.
*NO FINGERPRINTS OR PHOTOGRAPHS REQUIRED
Individuals seeking to acquire an NFA item are required to submit their photograph and fingerprints along with each application. With an NFA Gun Trust, no fingerprints or photographs are required. This saves costs and can reduce the time it takes to obtain the items.
*YOUR GUN SAFE REMAINS PRIVATE
Many people are concerned that they will be subject to additional scrutiny because law enforcement will have knowledge that they are in possession of these NFA items. With an NFA Gun Trust, the CLEO and the police are not provided notice that you possess NFA items. Pennsylvania has no requirement that the trust or the trust property be recorded or made available to the public.
*DEATH, INCAPACITY, AND OTHER CIRCUMSTANCES
Standard revocable trusts, as well as off-the-shelf or internet trusts, often instruct people to actually violate the NFA in the event of your death or incapacity. An NFA Gun Trust will help protect your heirs and beneficiaries because they will receive direction about how, and under what circumstances, these items can be legally possessed or transferred. In addition, an NFA Gun Trust can help to make certain heirs or beneficiaries do not possess NFA items if they live in a jurisdiction where possession of NFA items is illegal.
Abom & Kutulakis L.L.P. can help you understand your rights and duties concerning the purchase, use, transfer, storage and possession of NFA items to protect you and ensure compliance with the law.