Michigan Gun Trust Attorneys
Michigan gun trust attorneys can help you create your totally legal Michigan gun trust. A trust can provide you with the protections as outlined in the National Firearms Act (NFA) giving you the ability to own and possess otherwise illegal NFA weapons. Protect your gun collection by keeping it private from prying eyes. All NFA purchases can be made in the name of the trust. The benefits of having a firearms trust in Michigan far outweigh the minimal cost that is involved in creating one.
Sometimes referred to as a NFA trust, this legal instrument (revocable trust) makes it possible to own and make NFA items in all states where such items are legal. Attorney drafted trust can offer you the peace of mind of knowing that your Michigan gun trust has been prepared by a licensed legal professional in your state. These NFA gun trust are designed so that you can add successor trustees and those known as responsible persons. These are great as part of your estate planning.
Having a Michigan attorney create your trust is not the only option available. If you are confident in your abilities to follow instructions and simply fill in the blanks, a do it yourself gun trust may be a more affordable option and afford you more privacy.
Are Do It Yourself Gun Trust Legal In Michigan ?
The DIY gun trust are just as legally binding as one created by an attorney and the step by step instructions are clear and easy to follow.The cost savings are significant and well worth your time.
What weapons are regulated by the National Firearms Act ?
NFA items include fully automatic firearms, short barrel shotguns, and short barrel rifles. Other NFA items may be sound suppressors, destructive devices or weapons known as AOW (any other weapon). These types of NFA weapons are regulated by the Bureau of Alcohol Tobacco Firearms and Explosives. You will find a brief explanation below.
(SBRs) or a Short Barreled Rifles In Michigan
This type of rifle has an overall length of less than 26 inches and a barrel length of less than 16 inches. If a folding type stock is attached to the firearm, the measurement is taken with the stock extended and locked in an open position. Simply adding a stock to a handgun can in many circumstances instantly cause it to be reclassified as an SBR.
Removing the butt stock from a rifle and adding a pistol grip may also be cause for reclassification under federal and Michigan SBR laws.
Being in possession of such a firearm without the proper BATFE registration paperwork and NFA tax stamp may constitute a felony under federal law. There are however some rifles manufactured before 1934 that may be exempt from these laws. Visit the BATFE website for more information on Curios and Relics.
Are Short Barreled Rifles Legal To Own In Michigan ?
Short barreled rifles (a.k.a. SBRs) are legal rifles for Michigan residents to own and use provided the proper ATF paperwork has been filed, payed for, reviewed by and approved by the ATF. You may even construct your own short barreled rifle if you follow applicable law as outlined at the BATFE website.
ATF Form 1 is required along with the associated $200 tax stamp.. By placing your firearm in a gun trust you can bypass having your CLEO having to sign off on the purchase. The standard fee associated with the Form 1 is $200.
Short barrel rifles in Michigan can be used for any legal use as prescribed by Michigan rifle laws. Penalties for not abiding by the law may be a maximum of 10 years imprisonment and upto a $250,000 fine. Be sure your SBR is legally taxed by the ATF and that all proper fees have been paid.
Silencers or Suppressors In Michigan
A suppressor is any device attached to a firearm be it a rifle or pistol that lowers or muffles the report of a firearm. Some people confuse a flash suppressor with a sound suppressor. A flash suppressor requires no registration or tax stamp. Flash suppressors do nothing more than cool and disperse burning gases exiting a barrel without dampening the sound.
Some states may not allow ownership or use of silencers, be sure to research your state laws before purchasing a sound suppressor. Being in possession of a silencer without the proper paperwork and tax stamp is a felony.
With the above having been stated, Michigan does allow for the use of suppressors in Michigan.
Are Suppressors Legal To Own In Michigan ?
Suppressors or silencers are legal to own under Michigan suppressor law MCL 750.224(1)(b) and federal suppressor law. You must first be approved by the ATF to own such a device.
Is It Legal To Make A Suppressor In Michigan ?
The manufacture of a suppressor is legal providing you have applied for and received your NFA suppressor tax stamp and if applicable a Michigan suppressor tax stamp . Do you need a tax stamp for each suppressor you buy? The short answer is yes, each and every suppressor will be taxed with the $200 ATF fee. Some of the common uses include hunting, home defense, personal defense, target shooting, and any other legal use. Possession of a suppressor without the proper authorization forms is a felony.
How Long Does It Take To Get A Suppressor Tax Stamp ?
Normal turn around time from filing your ATF Form 1 application for the suppressor tax stamp to being able to take possession of you suppressor is 1 to 4 months.
Short Barreled Shotguns (SBSs)
Short barreled shotguns are defined as having a smooth bore and an barrel overall length of 18 inches or less and a minimum overall length of 26 inches.
Short barrel shotguns are often referred to as sawn off shotguns, however that is not necessarily true. SBSs can be readily obtained new by purchasing from many firearms manufactures. Being in possession of an SBS without the proper paperwork and tax stamp is a felony.
Muzzle loading, black powder, short barrel shotguns are exempt under federal law, however, your states laws may deem them to be illegal. Be sure to check your states laws as to the legalities of owning and purchasing.
Are Short Barreled Shotguns Legal To Own In Michigan ?
Sawed off shotguns or short barreled shotguns (a.k.a. SBS) are legal for Michigan residents to own and use. These types of firearms have a barrel length of 18 inches or less.
In order to be legally in possession of, or manufacture a SBS you must pay a $200 fee to the ATF this fee has been imposed by the National Firearms Act of 1934. Michigan sawed-off shot gun laws may be found under Michigan law MCL 750.222(i)
Machine Guns In Michigan
Machine guns are defined as any firearm that can fire more than 1 shot per trigger pull. In many states machine guns are legal to own, however, once again the proper registration and tax stamp must be applied for and in your possession before you take ownership of the weapon. Being in possession of such a gun without the proper paperwork is a felony.
Are Machine Guns Legal To Own In Michigan ?
Although some websites will tell you otherwise, machine guns a.k.a. fully automatic weapons are legal for Michigan residents to own providing they were manufactured on or before 5/19/1986.
All machine guns must be registered with the ATF and placing them within a gun trust is a good way to own one and to be able to allow others to enjoy the thrill that comes with ownership.
The ATF fee or tax for owning one is $200.00. You must be sure to apply for and receive your tax stamp before taking ownership of a full auto weapon. The requirements for ownership are about the same as buying any other type firearm.
Possession of a machine gun without the proper atf tax stamp is a felony under the dictates of National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5481-5862 and State of Michigan law.
Destructive devices include bombs, grenades, modern day artillery , chemical weapons and non-sporting firearms with a bore size over 0.50 inches. Although such firearms as the 12 gauge shotgun may have a bore in excess of 0.50 they are exempt from the NFA because they do have a generally accepted sporting purpose. Being in possession of a DD without the proper paperwork and tax stamp is a felony.
Are Destructive Devices Legal To Own In Michigan ?
The term destructive device in Michigan includes items such as grenades, bombs, large cannon, mortars and other such items. These items are legal to own in Michigan so long as you have paid the $200 fee to the ATF and received your Class 3 weapons permit (NFA Tax Stamp). Placing these items in your Michigan gun trust affords you greater privacy. Use of these items may be regulated by state and federal law.
Any other weapon or AOW
This is a highly encompassing and complex category. Simply attaching a vertical grip to a pistol that has a rail will constitute your having made an AOW in the eyes of the BATFE. Other examples include firearms disguised to look like something other than a firearm, such as a cell phone gun, wallet gun, or a flashlight gun. Short barreled shotguns that come from the factory with a pistol grip will be considered an AOW under federal law.
Excluded items include firearms built prior to 1898 and do not use conventional ammunition. Owner ship of Title II weapons is not illegal however one must have the proper paperwork and tax stamp to be in possession of such devices.
Are Any Other Weapons Legal To Own In Michigan ?
Any other weapons (AOW) are devices that are designed to be concealed on your person and are capable of fireing a shot or discharging a projectile via an explosive means. These devices in Michigan may be disguised as everyday objects, for instance a gun that looks like a ink pen. You must apply for and receive your AOW tax stamp before taking possession of such a device. You may not own incendiary devices in Michigan.
ATF Rule 41F
As of July 13, 2016 the ATF requires that all responsible persons who are to be placed on the trust to submit fingerprints and a 2×2 photo when submitting a Form 1 or Form 4. You must also submit the “Responsible Person Questionnaire” Rule 41 F placed new guidelines on the manufacturing and transferring of NFA items and was placed into effect by the Obama administration. Everyone placed on the gun trust must have a background check.
Your fingerprints may be taken by any business or government agency that is equipped to take fingerprints. Be sure any business you may use, utilizes the proper fingerprint card. The card number is FD 258.
Some of the benefits of a Gun Trust include not having to wait on your chief law enforcement officer (CLEO) to sign off on your purchases. There is also no fingerprint submission required when purchasing a firearm through your trust and it affords you more privacy when making purchases.
Contact any of the gun trust lawyers listed below to learn more about how to set up a trust. You may also create your own totally legal DIY NFA Trust just at a fraction of the cost !