Articles Posted in NFA Gun Trust

FLORIDA PARDONS AND RESTORATION OF GUN RIGHTS

An individual convicted of a felony in Florida loses their civil rights, including the right to possess or use firearms and ammunition. In Florida, anyone not prohibited by law and over 21 may purchase and possess firearms and ammunition, vote, and obtain a concealed weapons permit. However, suppose you are a Florida resident and you have a felony conviction or certain misdemeanor convictions in Florida, federally, or in another state. In that case, you have likely lost the right to purchase and possess ammunition or firearms. Although some states automatically restore civil and firearm rights for specific individuals after some time, Florida is not one of those states. In Florida, these rights can be restored through Clemency or by obtaining a Pardon.

So what is the process for restoring my firearm rights? When I get my firearm rights back, can I purchase, possess, or use a firearm in Florida and other states? In Florida, restoring your firearm rights can be completed through the Clemency Board regardless of whether you wish to seek Clemency or a Pardon. Once restored, you can purchase and own firearms and ammunition in Florida and most other jurisdictions, depending on the laws of that state.

We have a two-step process to restore your firearm rights through the Law Office of David M. Goldman. First, you will need to contact our office and speak to a member of our Restoration Team or fill out an intake online. From there, we will complete legal research and conduct a background check to ensure you are eligible to restore your rights. This first step is only $495.00 unless you have more than 5 criminal cases on your record, which is $990.00. Once we have determined your eligibility, step 2 is to obtain all the necessary supporting documents and prepare and file your application with the Clemency Board for an additional $1195.00. Should you wish to apply for both Clemency and a Pardon simultaneously, we can do so at no extra charge.

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41F was published today in the Federal Register.  Here is a link to 41F as filed which is similar to the draft that has been circulating.

41F will be effective 180 days from today or on Wed July 13, 2016.  Applications filed prior to July 13, 2016 will be handled under the current rules.  Applications filed with the ATF after July 13 will have require a CLEO notification, fingerprints and photographs for each responsible person.

The biggest change for Gun Trusts and other legal entities between 41P and 41F is the change from the CLEO certification to a CLEO Notification for each responsible person.  In addition ATF significantly limited the definition of a “responsible person” as compared to what was originally presented in 41P.  The CLEO notification in 41F appears to be limited to trustees and co-trustees in most trusts, but can be expanded because of the terms of the trust to also include beneficiaries and others with the ability to manage and possess the NFA firearms.  These changes happened after more than 9500 comments  were received in response to 41P. – For links to the major comments see our 41P page.

Joshua Prince and Allen Thompson have written a law review article which was just published on The Inalienable Right to Stand Your Ground that was published in the St Thomas Law Review journal.

Many of our clients seek to protect their firearms by suing Gun Trusts or NFA Trusts,  This article seeks to explore what rights we have to firearms and when our rights to use them should be protected.

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Do you own firearms? If so, an estate plan should include provisions on how to deal with your firearms in the event of your death. The problem with traditional estate planning or using the state’s default rules is that they are both designed to deal with objective decision-making while the thought process involved in giving someone a firearm is objective as well as subjective.

Think about the following issues that do not cause problems with a bank account or other financially based asset but could be devastating with firearms.

1) The location you your children or beneficiaries live at when you die.

What is a NFA Trust? Can a Gun Trust be used for Assault Weapons?

A new concept in Estate planning is creating a trust to protect the families firearms. For the past few years the public has been using NFA Gun Trusts for the purchase and protection of Title II, those sold by a Class 3 SOT,firearms that are restricted by the NFA. Most gun enthusiast expect there to be a renewed ban on Assault Weapons that becomes permanent. To protect your families assault weapons, you might consider a new twist to the NFA Gun Trust – the Assault Weapons Trust. It might be a good idea to transfer your Assault Weapons into a Assault Weapons Trust before there is a ban on future transfers of these firearms.