Pennsylvania NFA Gun Trust Attorneys
Pennsylvania NFA gun trust attorneys can help you create your totally legal Pennsylvania 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 more about how to get a gun trust in Pennsylvania and protect your gun collection.
What is a NFA Gun Trust
Sometimes a gun trust is referred to as a NFA 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 Pennsylvania gun trust has been prepared by a licensed legal professional in your state.
These firearms trust are revocable trust which mean you can add friends and family members to the trust without breaking the law. Successor trustees and authorized users can be added or removed with little to no effort. This is a great National Firearms ACT (NFA) estate planning tool.
Having a Pennsylvania 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.
The DIY 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 and many come with a NFA trust example to make the filling of forms easier. Pennsylvania NFA gun trust cost can be kept to a minimum by going this route.
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.
Short Barreled Rifles In PA
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 both federal and Pennsylvania SBR laws.
Removing the butt stock from a rifle and adding a pistol grip may also be cause for reclassification under federal law. Review the short barreled rifle laws before making any modifications to an existing firearm.
Being in possession of such a SBR without the proper BATFE registration paperwork and NFA tax stamp, along with a PA SBR 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 informative page for more information on Curios and Relics and check the Pennsylvania short barrel rifle law to be sure your in compliance.
Are Short Barreled Rifles Legal In Pennsylvania ?
Short barreled rifles (a.k.a. SBRs) are legal rifles for Pennsylvania 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 and have the proper SBR tax stamp form. ATF Form 1 is required along with the associated $200 tax stamp.
By placing your firearm in a PA gun trust you can bypass having your Chief Law Enforcement Officer (CLEO) having to sign off on the purchase. The standard fee associated with the Form 1 is $200. Short barrel rifles in Pennsylvania can be used for any legal use as prescribed by Pennsylvania rifle laws.
Penalties for not abiding by suppressor laws may be a maximum of 10 years imprisonment and up to 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 Pennsylvania
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. It is always wise to check the Pennsylvania suppressor laws before trying to make a purchase and be sure to be have your PA suppressor tax stamp.
Are Silencers or Suppressors Legal In Pennsylvania ?
Suppressors or silencers are legal to own under Pennsylvania suppressor law and federal suppressor law. You must first be approved by the ATF to own such a device. Is it illegal to make a suppressor? The manufacture of a suppressor is legal providing you have applied for and received your NFA suppressor tax stamp and if applicable a Pennsylvania 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 In PA
Short barreled shotguns in PA 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 a sawed off shotgun, 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. Always seek ATF guidance if you have any questions as to the legality of your firearm.
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 Shot Guns Legal In Pennsylvania ?
Sawed off shotguns or short barreled shotguns (a.k.a. SBS) are legal for Pennsylvania 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.
Machine Guns In Pennsylvania
Machine guns in PA are defined as any firearm that can fire more than 1 shot per trigger pull. In many states NFA 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. Before purchasing a firearm you may wish to visit one of the many Pennsylvania machine gun rental centers and get some hands on experience.
Destructive Devices In PA
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 Pennsylvania ?
The term destructive device in Pennsylvania includes items such as grenades, large cannon, mortars and other such items. These items are legal to own in Pennsylvania 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 Pennsylvania gun trust affords you greater privacy. Use of these items may be regulated by state and Bureau of Alcohol Tobacco Firearms and Explosives law. Please note that bombs may not be legally owned by Pennsylvania residents.
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 may 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 (AOW’s) Legal In Pennsylvania ?
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 Pennsylvania 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 Pennsylvania.
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.
Benefits Of A Gun Trust
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 Pennsylvania NFA 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 !