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Showing by author: Dennis Brislawn

2016 Quick Gun Transfer Analysis
Many of you have asked for a simple Guide or Analysis for GUN TRANSFERS...so we put together a one-page guide we hope helps answer many of your questions in one easy document. The document is designed to speak to both Title I and Title II firearms. It gives you a brief description of how to analyze a transfer of any kind under federal and state law, and to highlight what is involved and whether this is something you should consider further.  While the document isn't intended to give you legal advice, it is hopefully helpful in guiding you to [more]
Gun trusts have been all the rage during the past few years.  Gun manufacturers sell them, gun shops sell them, attorneys sell them, you can do one yourself off the Internet... but who backs them up when the laws change?  Do these people actually know the federal and state issues created by a gun trust?  And could anybody (even an attorney) actually write the perfect gun trust to deal with all the unknown future laws?  In my experience, things can always be improved.  Things change, we learn new things, we gain new experiences.  For example, I have practiced law since 1988 [more]
Recently I penned a blog about ATF Rule 41F which affects trusts and other legal entities possessing NFA firearms.  More is coming about it.  There is a lot of information available on this site, and chances are that you know a lot about firearms and gun trusts. Federal law in the Gun Control Act, especially the NFA, and ATF Rule 41F are only part of the story.  An NFA-only or full blown gun trust must also operate under state law.  State firearms law is getting far more complex, and less standardized than ever.  Washington and Oregon enacted new background check [more]
41F created a storm of legal controversy.  It changed the way NFA applications are processed, added new forms, and applied a new definition of "person" and added one for "Responsible Person." UPDATE 1 JANUARY 2019:  The NFA Division of the BATFE recently clarified the definition of Responsible Person as applied to trusts.  The definition treats a trust differently than when applied to another entity such as a corporation or LLC.   Our 2019 gun trusts incorporate updated language; prior gun trusts require an amendment to avoid a potential kickback or delay in processing an NFA application.  A trust amendment is necessary ONLY IF [more]
I hope you enjoy my most recent interview with Austin Hill.  You can listen to us banter about the recent LAX shooting serving as the inspiration for liberals to propose more gun control – just click the play button. An interesting issue that came up during our discussion is gun control in airports.  I previously had the pleasure of speaking to the Idaho Aviation Association about this topic, and Pilot Getaways magazine interviewed me for an article on the subject as well.   That article is slated to appear soon (the November/December 2013 issue), so watch for it if you are [more]
Did it cross your mind yet how the government shutdown is affecting the firearms industry?  Listen to my interview on the Austin Hill Show as posted on Rare – Former Prosecutor Talks Shutdown and Gun Licensing. Here’s the short list: BATFE and the State Department have furloughed the majority of their non-law enforcement personnel; FFL applications are NOT being processed or will be delayed due to reduced processing agents; NFA transfer applications are NOT being processed and tax stamps are NOT being issued – all but 2 of the ATF’s examiners were furloughed on October 1st What does this mean? [more]
If you are a gun owner and you are not frightened by the gun control that will result if the United Nations Small Arms Trade Treaty (ATT) is ratified, you need to educate yourself.  The UN has written materials on their website, which describe the theory behind the proposed Treaty. I described the Treaty and its effects in my interview with Austin Hill this morning.  You can listen to the audio under the title "Idaho Attorney and Gun Rights Expert Alex Kincaid Discusses the US Consideration of a UN Gun Registry" at www.IdahoReporter.com. Or by hitting the play [more]
A recently announced rule is the brainchild of ATF this August... actually it was quietly put forth last March or so.  Designed to close the "gun trust loophole" (actually ALL entities including corporations, partnerships, etc.), the rule purports to make America safer by requiring trustees and corporate officers to go through background checks in the purchase of NFA firearms.  Whew - long sentence. Purchasing an NFA firearm, such as a silencer or short barreled rifle or shotgun in states where legal, requires an individual purchaser to first submit a request to the local Chief Law Enforcement Officer (CLEO) before submitting [more]