Lawyers for NFA Trusts

[user]

I'll check up on the BATFE regulations as soon as I get time and let you know. As I recall, there's no problem, but that's just memories, right now. I always have to double check the regs before I do anything.

ATF's not going to care, at least not in published regulation, ruling, or Q&A. The perpetual Pennsylvania trusts I mentioned earlier go through with no problems.

I'm not sure how familiar you are with the workings of the NFA Branch, ...

Answer to the last part is, not at all - glad you chimed in. Thanks, I'll take your word for that - I didn't have time to do that research, anyway.

Last time I set up a trust, it was to own oil and gas lease interests in West Virginia for people living in Virginia. So it had to meet the legal requirements of both states, and surprise, they're different. So anything having to do with the property is subject to W.Va. part of the trust, and anything having to do with distribution of proceeds is subject to the Va. part.

Having visted this thread again, I re-read the OP's question. I think the answer is, "no" - no one, especially in Virginia where it's illegal for a lawyer to say he "specializes" in anything other than a couple of statutorily recognized areas (Admiralty is one, for example), no one "specializes" in NFA trusts. There are lawyers whose practice is limited to "trusts and estates", and there are tax lawyers (NFA is a tax/revenue provision, after all) who do trusts. But, basically, trusts are trusts. It doesn't really matter what the purpose of the trust is, or what kind of property it has to "contain". If I were looking for a "specialist", though, I'd visit one of those two categories of lawyers - trusts & estates (code for wills and financial planning) or tax.

[jrswanson1]

Having visted this thread again, I re-read the OP's question. I think the answer is, "no" - no one, especially in Virginia where it's illegal for a lawyer to say he "specializes" in anything other than a couple of statutorily recognized areas (Admiralty is one, for example), no one "specializes" in NFA trusts. There are lawyers whose practice is limited to "trusts and estates", and there are tax lawyers (NFA is a tax/revenue provision, after all) who do trusts. But, basically, trusts are trusts. It doesn't really matter what the purpose of the trust is, or what kind of property it has to "contain". If I were looking for a "specialist", though, I'd visit one of those two categories of lawyers - trusts & estates (code for wills and financial planning) or tax.

The whole reason I wanted a lawyer to "specializes" in trusts is so I won't be paying a lawyer to do the research to do my trust. If they have done them before, I will just be paying them for doing my trust, and not have to pay for them to learn how to do it.

Jim

[jdonovan]

The whole reason I wanted a lawyer to "specializes" in trusts is so I won't be paying a lawyer to do the research to do my trust. If they have done them before, I will just be paying them for doing my trust, and not have to pay for them to learn how to do it.

Go here:
www.guntrustlawyer.com

call them, pay them, then their Virginia based associate will call/email you and set everything up.

Their package comes with a NFA and trusts for dummies guide. Also has step by step directions for the vast majority of things you are going to do with NFA items and trusts.

As a plus NFA Branch is _VERY_ familiar with their trusts and 'off the record' has suggested to people with bad trusts goto them to get it straightened out.

[ArsenalAttorneys]

I'm late in joining this thread, which was last active many months ago. Nevertheless I wanted to put my name and website out there. I am a Virginia attorney offering gun trusts. I am the Virginia affiliate of Florida attorney David Goldman, of guntrustlawyer.com. David is the country's leading lawyer when it comes to gun trusts. I am proud to work with him to serve Virginians.

In reading this thread, I learned a few things, but I was also concerned about a few things. I can only offer the following advice. Consult an attorney when it comes to the law and gun trusts. There are two reasons. First of all, trusts specifically designed for the needs of gun owners deal with the kind of contingencies particular to gun ownership and the NFA that no off-the-shelf, or do-it-yourself, or non-gun-owning attorney would anticipate. Secondly, I'm aware of rumors that certain gun dealers are providing gun trusts. Providing trusts or legal documents along with advice on the law should be done by a lawyer. Sure, the average liberty-loving gun owner may not care that the unlicensed practice of law is a crime, but would you lay under the knife of a 'surgeon' who had never gone to medical school? The penalties under the NFA include a $250,000 fine, 10 years in jail, and loss of your firearms.

I welcome you to visit my website at www.arsenalattorneys.com, or email me at info@arsenalattorneys.com.

[user]

$600 for a lawyer to draft a trust instrument? Well, I reckon you get what you pay for. That's for someone who's going to use a canned form and tell you what you want, as opposed to someone who's going to find out what your needs are and draft a trust instrument that actually does what you think it will. If you're going to go the cheapo route, you may as well buy a form from Staples. (A trust is a trust is a trust...)

You don't have transfer a firearm to the trust at the time of creation, in fact, you can't transfer an NFA firearm to a trust upon creation. The person you're creating (i.e., the trust) has to already exist before it can acquire title to NFA firearms. However, you cannot create a trust in the absence of a "res" or "thing" - a trust is a legal person created for the specific purpose of owning property and without some property transfer to the trust, there is no trust. The usual thing is to transfer ten dollars to the trust. Doesn't matter what the property is, but if a trust were a balloon, then the property would be the air keeping the balloon inflated.

[ArsenalAttorneys]

When choosing a gun lawyer, it's important to find a qualified and skillful attorney who understands the particular legal implications of gun ownership, and who can address the specific needs of an individual gun owner requesting a gun trust.

A 'do it yourself kit' poses obvious risks. Beware of free advice. Getting such help from a non-attorney buddy is dangerous. Also, the code of ethics for Virginia attorneys even makes it difficult for a lawyer to offer advice here in this forum if it encourages the non-licensed practice of law by laymen. If you do contact an attorney, I think it's fair to say that an attorney who may be experienced in wills and trusts, but has never owned a gun, could easily overlook the special analysis needed for a gun trust.

A specialty gun trust for a non-complex situation doesn't have to be expensive. Naturally, the greater the complexity of the case, the greater the fees, but, as a gun owner, I want fellow gun owners to have access to affordable legal services. If a person wants help from an attorney to purchase a suppressor, and the attorney's fees are 5-10 times the purchase price for the suppressor--it discourages gun owners from obtaining the professional legal help they need.

http://arsenalattorneys.com/
Arsenal Attorneys: Bear arms lawfully. Bequeath them responsibly.