Gun Trust In New York
New York gun trust attorneys can help you create your totally legal New York gun trust. A trust can provide you with the protections as outlined in the National Firearms Act giving you the ability to own and possess otherwise illegal NFA weapons. Continue reading and learn how to get a gun trust in New York and make your gun collection private from prying eyes.
As an estate planning tool a revocable trust is a great tool to have! This legal instrument allows you to share your collection with family members and gives you the ability to appoint successor trustees.
Sometimes referred to as a NFA gun trust, this legal instrument 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 New York gun trust has been prepared by a licensed legal professional in your state.
Having a New York attorney create your gun 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. Learn more by reading the benefits of having a firearms trust in NY.
Are Do It Yourself Gun Trust Legal In New York ?
These types of NY 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). You will find a brief explanation below as to how the Bureau of Alcohol Tobacco and Firearms classify these types of firearms.
(SBRs) or a Short Barreled Rifles
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 under federal and New York SBR laws.
Removing the butt stock from a rifle and adding a pistol grip may also be cause for reclassification under the National Firearms Act (NFA).
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 this page for more information on Curios and Relics.
Are Short Barrel Rifles Legal In New York State ?
It is illegal for a NY State resident to own a short barrel rifle. New York States assault weapons ban is highly encompassing and provides for stiff penalties and fines if you are to be found in possession of a short barrel rifle.
Silencers or Suppressors In New York
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.
Are Silencers Legal To Own In New York State ?
Silencers or suppressors are not legal for New York State residents to own. In New York State the term firearm silencer is defined as any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms. The 2013 NY Safe Act provides for substantial penalties for being in or using a silencer in the State of New York
Short Barreled Shotguns In New York
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 Barrel Shotguns Legal In New York State ?
Short barrel shotguns are illegal for New York State resident to own. With that having been stated Peter Howard Tilem of Tilen & Associates has recently written an article as to the legality of the Mossberg Shockwave and the Remington 870 Tac-14.
Machine Guns In New York
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 New York State ?
Machine guns may only been owned by licensed dealers or law enforcement personal. In New York a machine gun is defined as a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun. NY State Section 265.01
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 In New York State ?
You may not be in possession of a destructive device in New York State.
Any other weapon or AOW In New York
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.
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.
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 New York gun trust lawyers listed below to learn more about how to set up a trust or create your own totally legal DIY NFA Trust just at a fraction of the cost !