A Gun Trust is a legal document that allows for ownership and management of all firearms, magazines, and accessories. NFA Firearms are firearms that are regulated by the National Firearms Act (the “NFA”). Many people mistakenly refer to them as “Class 3” firearms.
In Washington, suppressors (or silencers) are now legal to own and shoot and even use while hunting game animals. The NFA still regulates these items and individuals, business entities, and trusts are permitted to purchase suppressors and some other items by obtaining permission from the ATF. Transferring or making these items requires completion of a Form 1 or Form 4 along with payment of $200.00 for a tax stamp.
While a traditional trust can be used to purchase firearms, there are many problems with using a traditional trust and therefore only an Gun Trust should be used.
We help individuals and their families educate and protect themselves from unintentional violations of the NFA as well as local, state, and federal firearms laws. The process of creating a Gun Trust involves talking with the Law Office of Mark Knapp PLLC a Gun Trust Lawyer® to determine what and how the client’s family makeup will influence the structure of the Gun Trust. We work with David Goldman the founder of the Gun Trust Lawyer Blog to help provide comprehensive multistate Gun Trusts. We can also assist you to limit future legislative and transfer tax risks associated with NFA firearms as well as regular firearms ownership. Once the Gun Trust is designed, an attorney who is licensed in your state reviews the Gun Trust, makes state specific firearms and trust related changes and forwards finalized Gun Trust to the client.
The client reviews the instructions and FAQs and then can discuss any questions or comments on federal and state law. If necessary, modifications are made, then the grantor and trustees sign the trust. Once the Gun Trust is properly executed, NFA items can be purchased and your regular firearms can be transferred into the trust. The entire process takes less than a week and often only 1 – 2 days.
You can petition the court to restore your right to own firearms by representing yourself or obtaining an attorney. We can provide some links that will help you to obtain the forms but there are some pitfalls. For instance, at the present time, the federal government (BATF & NICS) will not recognize rights restored by the Washington Courts if the underlying conviction was for domestic violence.
There are many exceptions and technical issues that need to be examined but there is a great deal of safety in relying on the advice of an experienced attorney. Your attorney needs to practice in the area of firearms rights in order to understand the complexities and conflicts between the various laws and jurisdictions.
Note Very Well: The federal government is now recognizing restoration of the right to possess firearms in non-felony domestic violence cases. Up until recently there were problems with such cases in Washington State that have now been resolved. Many felony convictions in Washington are also eligible for restoration of rights. If your conviction is in another state, however, you should contact a lawyer in the state where the conviction was entered.
We cannot help with federal convictions. There is a federal law providing for the BATFE to handle petitions for restoration of gun rights after federal convictions but Congress never funded the BATFE for expunging convictions and the agency refuses to handle any petitions to expunge and/or restore rights.
Call us to discuss at (253) 202-2081.
Call the Law Office of Mark Knapp at (253) 202-2081.
We are available to give advice concerning issues related to employment and disciplinary matters and also assist law enforcement officers and military personnel. We focus on criminal defense but the firm also emphasizes United States Constitutional law and employment discrimination. This includes racial discrimination, age discrimination and discrimination based on religion or national origin.
WEAPONS LAW AND ARMED FORCE
Our firm’s mission is to provide clients with legal counsel and educate armed citizens so that you will present appropriate force in an emergency. If you are charged with using a gun or other threatening use of force, we will defend your rights in court. We serve the military, police and civilian shooting communities, as well as any other groups or institutions that deal with issues regarding the legal use of armed force.
NFA GUN TRUSTS
Our law firm is also pleased to provide NFA Gun Trusts for residents of Washington state.
CRIMINAL DEFENSE MATTERS
Whether you just want to know about your rights and obligations or have criminal charges pending against you, we will answer your questions and represent you aggressively in the court system when necessary. Assault With a Deadly Weapon, Domestic violence, self-defense issues and false accusations of sexual assault are legal issues with which we normally are able to help ordinary working and middle-class people. Additionally, if you have a domestic violence or a felony conviction, the courts will often restore your right to bear arms and/or vacate the conviction.
If you think you have a legal problem, you can contact me personally at:
I will respond promptly to your comments or questions and look forward to scheduling a confidential consultation to determine how we may be able to help you
Our firm advocates for the Second Amendment and strict compliance with Washington’s firearms preemption statute whenever an opportunity presents itself. When attorneys for various municipalities around Washington State issued legal opinions that RCW 9.41.290 “only applied to the regulation of firearms themselves” and excluded regulations that only secondarily affect firearms, many law firms and the Second Amendment Foundation took action. The Washington State Attorney General’s Office had already issued a legal opinion that thoroughly rebuts such opinions based on Cherry v Metro and another case that dealt with certain narrow issues applied to a venue for a gun show leased from the City of Sequim, Washington.
We wrote a letter to the City of Federal Way objecting to three municipal ordinances that violated the state firearms preemption law and the City Council amended the municipal code in order to remove the illegal restrictions on where armed citizens could go in Federal Way. The Federal Way Municipal Code has been brought into compliance with state law.
We have also written letters putting other jurisdictions on notice of imminent legal action. In some cases we have handled, municipalities have settled out of court with significant amounts of money for harassing and detaining armed citizens in public places.
We also handle employment discrimination, including state and federal employment cases, and other civil rights matters along with criminal defense representation.
I am best known for my newspaper column that used to appear in the Federal Way Mirror. I strongly advocate that the best defense for the citizens of Washington state is to limit the number of “gun free” zones that are available to criminals, terrorists or other deranged individuals seeking publicity by mass shootings. Almost all such shootings have occurred in areas, like schools, where honest citizens have been rendered defenseless by laws or policies that are based on misinformation about public safety and the right to keep and bear arms.
In Washington state, a Washington Gun Trust or Washington NFA Trust can reduce the red tape required by the federal government to own a sound suppressor, also known as a “silencer”. These became highly restricted when Congress enacted the National Firearms Act (NFA) in 1934. The NFA was a reaction to the violence that accompanied prohibition with unpleasant folks like Al Capone and John Dillinger. It was also the federal government’s first foray into national law enforcement jurisdiction. Whereas such matters had been under state and local jurisdiction, the United States started playing a big role in law enforcement from that time on.
Most other NFA restricted items (other than suppressors) are prohibited because of state law which is more restrictive than surrounding states and the federal government when it comes to full automatic weapons. In Europe, despite very restrictive gun regulations, I am told that suppressors are for sale over the counter with little or no red tape.
As a Washington Gun Trust Lawyer®, Mark Knapp and our firm can help individuals purchase, possess, and use NFA firearms in Washington state. We help individuals and their families educate and protect themselves from unintentional violations of the National Firearms Act as well as provide advice regarding local, state, and federal firearms law.
The process of creating a Gun Trust involves talking with the Law Office of Mark Knapp PLLC a Gun Trust Lawyer® to determine what and how the client’s family makeup will influence the structure of the Gun Trust. We can also assist you to limit future legislative and transfer tax risks associated with NFA firearms as well as regular firearms ownership.
In conclusion, once a Gun Trust is designed, an attorney who is licensed in your state reviews the Gun Trust, makes state specific firearms and trust related changes and forwards the finalized Gun Trust to the client. The client reviews the instructions and then can discuss any questions or comments on federal and state law. If necessary, modifications are made, then the all grantors and trustees sign the trust.
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