Again, here’s the link to the SHOOT -see us there with our friends from Top Notch Tactical.

FRIDAY, APRIL 13th:  Actually a very good day.  Had an all day firearms law seminar, met a large number of lawyers, had lunch and a chat with LTC Ollie North, and then back to room to watch Sherlock Holmes movie… which I slept through!  I guess I had an overdose of thinkin’ that dun me in.

SATURDAY, APRIL 14th: Got to look at GUN GEAR at NRA Show.  Wow, overload.  Said hello to Alan Gottlieb and my friends at Second Amendment Foundation, had a great chat with Marty Hayes, J.D., and my very own gun guru of common sense, Massad Ayoob, at the ACDLN booth during NRA Annual Convention.  Lots of folks stopping by both of these booths.  Massad is teaching for Seattle Firearms Academy in July, and there will apparently be some well-known shooters there too.  Got interviewed on camera for the folks running the NRA gold program where you can purchase coins, bullion, and the like.  Extremely interesting subject and these folks impressed me with their professional approach to this subject.  I am always impressed when somebody takes the time to explain options and do a service rather than just sell.

Then I went over to Silencerco, Advanced Armaments, and GemTech to talk to my buddies at each company that build silencers and cool stuff.  We caught up on ATF issues and compared what we were hearing.  Spoke to some gun owners about gun trusts and gun law.

Bought me a Benchmade Triage 916 knife from a local company… then met the President who talked to me for about an hour about building a gun owner community focused on gun law.  Met Rick and Ray Heizer who are making the new self-defense gun, and we talked for about 40 minutes too.

SUNDAY, APRIL 15th: Out to breakfast with my friend Don Singer at a local joint.  Pancakes, eggs, sausage, hash browns… diet to the winds!  Back to show for one last run-through and a meeting with Cold Steel VP… and off to airport and home.

Gun people get it, that we are a community of millions of people who value the same things, care about the same things, and want to DO THE RIGHT THING.

What a great visit.  People in St. Louis were real friendly and nice, too.

When asked, ATF general counsel was unsure. One colleague appoints a number of Trustees… but this is clumsy and impractical – you might not want to appoint every potential current beneficiary as a Trustee.

Another GunDocx lawyer suggested this. “Couldn’t you just appoint the beneficiary as an temporary trustee? Article Three of a full GunDocx Trust allows the Trustee to name a cotrustee or Indepenent Specia Trustee for convenience in administration.”

Voila! Case closed. This solution took a slight tweak to the GunDocx trust language and adding some titles in two ancillary forms included with Silver and Gold Edtions of GunDocx Trusts to document the appointment. Now, if a GunDocx Trust trustee wants to allow a beneficiary to take possession of a firearm, even a Title II (NFA) firearm, he or she simply appoints the beneficiary as a temporary trustee. The trusteeship terminates when the firearm is returned. This is simpler and cleaner than the other solutions presented and it lessens the primary Trustee’s liability and protects the Special Trustee-Beneficiary too.

Guess you can be too close to the problem. That’s why its great to have friends and colleagues… and a growing number of attorneys using GunDocx(TM) software. It takes a village.

What are NFA firearms? Machine guns, silencers, short barrel rifles, short barrel shotguns, destructive devices and “any other weapons” which is a category of firearms. Remember, they must all be registered lawfully in the first state, and you must be able to possess them in the second state, or you may be in violation of the law.

What is temporary relocation of a silencer? Well, we have been told six months or more… but we are checking with NFA Branch on this. You may want to submit one anyway to be cautious.

When used for temporary relocation, a Form 20 states the travel dates. If you go past the end date… the instructions say that you will need a NEW Form 20 to be allowed to transport your firearm back home!

You can find the ATF Form 20 here: http://www.atf.gov/forms/download/atf-f-5320-20.pdf

How long does approval take? NFA Branch advises us that you must permit at least 30-45 days for consideration… the more time the better. Given that the same Examiners who approve the transfer of newly purchased or inherited NFA Firearms must review the Form 20, you should allow 60 days or more in our opinion just to be on the safe side. Their workload is extreme, so apply early or you may have to leave your NFA firearm behind.

Property damage, i.e. the replacement value of your firearms collection if lost in a robbery or fire, would likely be covered if owned in your name and possibly if owned by your gun trust.

• There may be limits of coverage.
• You may need to name your gun trust as an “additional insured”.
• NOTE:  NRA has a gun owners insurance program and you may want to check it out.  Your insurance company may over a “rider” to your policy increase coverage at additional cost.

Liability coverage for personal injury due to a gun event is more complicated.

• An assault or battery is an intentional act and would likely be excluded from conventional coverage.
• A self-defense shooting is an intentional act and would likely be excluded from conventional coverage.
• A negligent discharge causing injury might be covered.

IN ALL CASES YOU MUST READ AND UNDERSTAND YOUR POLICY.  DO NOT ASSUME.

Your homeowner’s insurance Probably not… a gun trust does not own your home. According to several insurance agents, a gun trust cannot be added as an additional insured on your policy. This means that the umbrella policy riding on top of your homeowner’s insurance will not cover you either.

What to do? We are looking into a number of solutions… stay tuned. The NRA has several liability insurance programs for members, so that is another benefit of membership. Look under Insurance Programs for Members and you can read up on types of coverage.

I have corresponded at length with NFA Branch and the BATFE Office of General Counsel on this precise issue.  ATF itself is a bit unsure, since ATF depends on state trust law in determining the requirements of trust administration.  The NFA Handbook and FAQs on the ATF website give some slight assistance on this… but not clarity.

At least one lawyer I know has taken the position that only Trustees can safely possess NFA firearms.  He advocates naming multiple Trustees…  This is certainly a safe and conservative approach.  I take issue with it, though, since this position is not consistent with state law or with the way in which our GunDocx trusts are drafted.

Here is a real-life question from a GunDocx Lawyer, and my answer.  It points out the advantages and flexibility of using the GunDocx system… and also some gray areas in the law.

“I’m preparing a Gold trust for a client and I want to make sure I understand the distinction between, and proper use of, the “Addition of Lifetime Beneficiary”  and “Permission to use Trust Property” ancillary documents. Is the following example a correct use of the two documents:

John Doe is grantor and trustee of the John Doe GunDocx Trust.  He wants to let his friend Mark use a suppressor owned by the trust on Mark’s upcoming hunting trip. John executes an “Addition of Lifetime Beneficiary” naming Mark as the beneficiary for 30 days. He places this in his trust binder.   John then executes a “Permission to Use Trust Property” and gives this to Mark for Mark to bring with him on his hunting trip in case he needs to prove to law enforcement that he is in legal possession of the weapon.

Is this correct or is there a different intended/proper use of these two forms?

These are some really good questions.  That was the intent of those documents.

Be warned that what I think is LEGAL may not be PRUDENT. 

1. Trustee/Grantor documents the status of the person as a beneficiary in writing.
2. Next, the Beneficiary signs the form making clear that he/she understands trust requirements and limitations on benefits.
3. Beneficiary is provided a copy of the trust, a copy of the Forms 4 required, etc. for the Beneficiary to keep with trust property and available for law enforcement review.
4. Beneficiary is given Trustee’s contact information and a number to the gun trust attorney!

Here are the cautionary notes.

1. A beneficiary cannot let others use firearms under the “umbrella safety clause” built into GunDocx.
2. Giving ANY other person use of your firearm means that you assume risk of gross or simple negligence claims being brought against YOU, the owner, if an injury results.
3. My opinion is that where a GunDocx Trust, valid under state law, is used the trust lawfully permits a beneficiary to use  trust property without a trustee being physically present, such as NFA firearms and conventional firearms, so long as the person is not otherwise prohibited from possession.
4. AGAIN – assuming that I am correct and this is legal… should you do it?  Certainly having a Trustee physically present, administering benefits, is the safest course to take.  That said, a properly designed trust that is valid under state law should permit the Trustee the discretion to make such decisions.

First, the trustee or personal representative must ensure that the end recipient is of the proper age and not a prohibited person as defined in both federal and state law.  There is a long list of offenses that would cause a person to be prohibited under federal and state law from owning a firearm.  There are third party vendors that provide a background check service for a fee that may help protect the trustee or personal representative from liability.

Second, the non-NFA firearms must be legal to own in the beneficiary’s home state.  Some states are extremely restrictive on what types of firearms a person can own and the process that must be complied with in order to own them.  Also, some states have registration requirements that must be satisfied within a given timeframe (usually about 30 days).

Third, actually getting the firearms to the beneficiary can cause issues.  If you are going to send any firearm in the mail, a federally licensed dealer must be the recipient.  They will then transfer the firearm to the end beneficiary.  Usually a dealer will charge a fee of about $25-$50 per firearm transfer.  If a dealer is involved, the trustee or personal representative need not worry about whether the beneficiary is a prohibited person because the dealer will run the necessary background checks prior to releasing the firearm to the beneficiary.

Some people do not want to involve dealers based on privacy concerns.  In that case, a trustee or personal representative can release firearms to a beneficiary (assuming they are not a prohibited person) if the beneficiary comes to pick them up.  If the mail or UPS/FedEx is involved, you must involve a federally licensed dealer.

There are lots of issues that arise in the distribution of a firearms collection.  It can create liability on the part of the decedent’s trustee or personal representative and generally the penalties for misconduct result in a felony.  If you have any questions about the process, it is highly advisable to consult an attorney well versed in firearms related law.

Our goal is to set the standard for gun trusts.  We started by building a trust specifically engineered to own guns and accessories.  We worked with NFA Branch at the BATFE to determine specific criteria that would make it easier to review and approve the transfer of an NFA firearm to a gun trust.

We are building a national community of GunDocx(TM) Lawyers, each an independent firm, that will advance the quality of firearms planning in our country.  We will collectively share knowledge using social media, continuing legal education, and we might even refer prospective clients to each other when we are contacted by someone out of state… and have already done so!

Guy Garner in Texas reported that he was hired to do an estate plan for his very first gun trust client!  He sent me an email that said “You were right.  Doing the gun trust was the catalyst for me getting hired for a core service.”  When was the last time that you, attorney, were paid to do practice development?

We are receiving a growing number of requests to do gun trusts in other states.  Well, the idea of the GunDocx(TM) Lawyer community is to hand-over out of state clients to one of us who is local and who can take care of multiple needs… in addition to the gun trust.

The full GunDocx(TM) system includes software, CLE education, and a “new media” marketing service to help educate and attract clients to the lawyer.  The first two have a fixed price, and the new media marketing system designed to help each attorney attract prospective clients to his or her law firm “while sleeping” has a subscription model.

We are offering a two-day continuing legal education (CLE) course in Bellevue, Washington, January 26-27 to train the first group of such attorneys on gun law and on serving clients who own firearms.  The course will be offered in Scottsdale, AZ on February 20-21 and in St. Louis, MO on April 11-12 prior to the NRA Annual Convention.  For details on the agenda and to sign up go to http://www.wealthcounsel.com/Members_EducationCalendar.aspx.

The Northwest Gun Law Group is hosting CONCEALED CARRY – Course 1 on January 28th at West Coast Armory, from 9AM to 3PM.  This is a fundamentals class and a prerequisited to more advanced concealed carry instruction.  Our instructors will blend theory and shooting skills, with an introduction to legal issues provided by attorney Dennis Brislawn.

Our principal instructors are local, yet world-class professionals… DARRION HOLIWELL of Praetor Defense, and JEREMY WILSON, of Wilson Tactical Training.  These fine men and their companies have joined with the NW GUN LAW GROUP to develop a course of education to help you master your gear, acquire the right mind set, and to practice your skills to gain confidence and competency.

ATTENDANCE IS LIMITED TO 30 STUDENTS… FIRST COME, FIRST TO SHOOT!

BASIC HANDGUN, OR EQUIVALENT MILITARY/LE EXPERIENCE, IS A PREREQUISITE.

COST – $195.00

SPECIAL - $145.00 for Bellevue Gun Club Members.  You can find Club Membership information at West Coast Armory.

REGISTER HERE

CONTACT info@nwgunlawgroup.com to get signed up today!

Starting in January in Seattle, my team will be conducting two-day Continuing Legal Education Courses for GunDocx(TM) Attorneys in a number of cities, starting in Belleuve, WA on January 26 and 27.  Then we go to Scottsdale, AZ on February 20 and 21.  We will host other CLEs around the country, too.  More information is found on the Education tab at www.wealthcounsel.com.  There is far more going on and so stay tuned for more detailed announcements in coming days.

The next day, Tuesday, I drove about an hour and a half to visit some colleagues (hopefully new friends) at the National Firearms Branch (NFA Branch) headquarters in West Virginia.  The building itself is deceptive… it is one story and looks kind of small from the front… but actually has underground levels and is huge inside.  I met with NFA Branch Chief Ed Saavedra, Examinations Section Chief Ted Clutter, and our Washington Examiner Sandy Snook, among a number of agents, staff and others.  What a great bunch!  They made clear that they are there to help folks comply with law, and that customer service is what they are all about.

During my tour of the facility I saw various ATF divisions at work.  Most interesting to me was NFA Branch and the neatly organized boxes and boxes of applications for NFA firearms.  Their backlog is about 3,000 to 4,000 applications, and they have the same or fewer staff to handle an increasing number of applications… about 125,000 per year with only 9 Examiners.  That is why you have to wait for approval of your silencer purchase.

We discussed my plan to make GunDocx(TM) Trusts a new national standard, and everyone was helpful and encouraging in hopes that it will make applications flow more easily.  We discussed some fine points of trust drafting to meet BATFE needs, putting a wrapper on the discussions we have had in email and by telephone throughout the year.  I even got one gun trust approved while we were talking!

Ted introduced me to several Special Agents, and one was kind enough to take me through the ATF Reference Library… of GUNS!  It was a huge room of neatly stored firearms of EVERY shape, kind, caliber, from spy guns and pen guns to cannons.  Most of these were confiscated or seized; some are war booty from the Revolutionary War it seems to whatever space alien conflict our government is hiding from us.  I got my picture taken with a gold-plated fully functional Iraqi AK-47… that was owned by a famous dictator.  Unfortunately, they got it back before I made it out of the building… it WAS an accident!  I did not mean to put it in my Android Tablet case… did not fit very well anyway.  They were very nice and just shook their heads.

What can I say?  I’m a gun guy.  And everybody needs at least one in gold.  Black guns are so old school.