Author Archives: John Pierce

The NFA Branch has a new mailing address for Form 1 and Form 4 submissions

The ATF recently announced that they have a new mailing address for both Form 1 and Form 4 submissions (although if you are still doing paper Form 1 submissions then you should strongly consider taking advantage of the return of … Continue reading

Posted in ATF, BATFE, Form 1, Form 4, NFA Transfers, NFA Trusts | Comments Off on The NFA Branch has a new mailing address for Form 1 and Form 4 submissions

Can those with a misdemeanor domestic violence conviction own muzzle loaders?

This question involves the intersection of two complex areas of firearms law: The federal prohibition triggered by a misdemeanor conviction of a crime of domestic violence; and Whether black powder firearms are considered ‘firearms’ under state and federal law. Let’s … Continue reading

Posted in Black Powder Firearms, Criminal Law, Domestic Violence, Federal Law, Hunting, MCDV, Muzzle Loading Firearms, Purchasing Firearms, Virginia Law | Comments Off on Can those with a misdemeanor domestic violence conviction own muzzle loaders?

Green card holders and firearms

“May I purchase a firearm if I have a green card?” Some version of this question shows up in my email almost every week. It is hardly surprising since there is a great deal of confusion concerning green card holders and … Continue reading

Posted in 4473, ATF, Background Checks, BATFE, Criminal Law, Federal Law, Green Card Holders, Prohibited Persons, Purchasing Firearms | Comments Off on Green card holders and firearms

Selling an NFA Item as Executor of an Estate

The vast majority of my clients own their NFA items in an NFA Trust so that they get the dual benefits of sharing the items while they are alive and probate-avoidance when they pass away.  However, I occasionally get a … Continue reading

Posted in ATF, BATFE, Estate Planning, Federal Law, Form 4, Form 5, Inheriting Firearms, NFA Transfers, NFA Trusts, Private Sales, Tax Stamp | Tagged , | Comments Off on Selling an NFA Item as Executor of an Estate

eForms is back for Form 1 Submissions

At the beginning of October, the ATF announced that Form 1’s are once again available for submission via eForms. Initial applicants have astonishingly reported approvals in as little as 15 days!  And while I suspect that number will increase with … Continue reading

Posted in 41F, 80% Lower, Administrative Law, AOW, AR Pistols, AR-15, ATF, BATFE, CLEO Notification, eForms, Form 1, Form 23, Manufacturing, NFA Trusts, Processing Times, SBR, SBS, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on eForms is back for Form 1 Submissions

Common mistakes when completing a Form 20

Whenever you need to temporarily or permanently transport a Short-Barreled Rifle (SBR), Short-Barreled Shotgun (SBS), Machinegun, or Destructive Device (DD) across state lines, you will need an approved ATF Form 5320.20 (more commonly known as just Form 20) before doing … Continue reading

Posted in Administrative Law, ATF, BATFE, Destructive Devices, Federal Law, Form 20, Interstate Move, Interstate Travel, Machine Guns, NFA Trusts, SBR, SBS, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on Common mistakes when completing a Form 20

Can your aircraft be owned by your living trust?

Just as is the case with automobiles, the answer to this question is “Yes it can!” However, unlike an automobile registration where the trust itself is the registered owner, the FAA requires that one or more trustees register the aircraft in … Continue reading

Posted in Aircraft Trust, FAA | Comments Off on Can your aircraft be owned by your living trust?

Can your automobile be owned by your living trust in Virginia?

This is a questions that I am often asked and the answer is “Yes it can!”  But that is only the beginning of the discussion. The follow-up questions that you should be asking (and the respective answers) are: 1)  Should … Continue reading

Posted in Automobile Trust, DMV, Estate Planning, Privacy, Virginia Law | Comments Off on Can your automobile be owned by your living trust in Virginia?

Who is my CLEO?

Prior to the implementation of 41F, trust applicants were not subject to the Chief Law Enforcement Officer (CLEO) sign-off that was required of individual applicants. As part of 41F, this requirement was changed from an affirmative ‘sign-off’ to a mere ‘notification’.  … Continue reading

Posted in 41F, ATF, CLEO Notification, Form 1, Form 23, Form 4, NFA Trusts | Comments Off on Who is my CLEO?

Can I purchase a stripped lower from an out-of-state dealer?

I was recently contacted by a gun owner who attempted to purchase a stripped lower from an out-of-state dealer and the dealer refused the sale.  The dealer had completely confused the issue by telling him that stripped lowers must be … Continue reading

Posted in 4473, 80% Lower, ATF, ATF Guidance Letters, BATFE, Federal Law, FFL Issues, Interstate Firearm Transfers, Non Resident Issues, Purchasing Firearms | Comments Off on Can I purchase a stripped lower from an out-of-state dealer?