West Virginia NFA Trust Attorneys
West Virginia gun trust attorneys can help you create your totally legal West Virginia 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 weapons.
Sometimes 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 West Virginia gun trust has been prepared by a licensed legal professional in your state. Learn more about the benefits of having a firearms trust in WV.
Having a West Virginia gun trust lawyer 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 in West Virginia may be a more affordable option and afford you more privacy.
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.
(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.
Removing the butt stock from a rifle and adding a pistol grip may also be cause for reclassification under federal law.
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 a C&R License.
Silencers or Suppressors
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.
The state of West Virginia 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. Learn more about suppressors in West Virginia.
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.
Machine Guns In West Virginia
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.
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.
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.
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 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 !