Legal machine guns without background checks

JACKSONVILLE, Fla. -- A Jacksonville lawyer pioneers a legal loophole for gun owners to get fully automatic machine guns and silencers.

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David - 3/2/2013 11:47 PM
0 Votes
Unlike this reporter has stated, a Gun Trust is not so that you can bypass a background check, there are not states changing laws dealing with gun trusts, and you cannot purchase new machine guns like he has represented. A Gun Trust only lets you purchase legal items that you should be able to purchase Nor did I not create the NFA, Trusts, or anything other than a very specific trust that allows for flexibilities and protection of your family that is not available with a standard trust or an individual purchase of these restricted items. I talked to him about the importance of using a Gun Trust as a Firearms owner even for regular firearms to protect your family and friends from potential issues that could exist at the time of your death. IN addition a Gun Trust can be structured to prevent future transfers of firearms and make them available to future generations. I guess as soon as I hear that the reporter didn't know how to hold the guns and had to be told several times not to point the guns at the camera man and others and to keep his finger off the trigger, I should have know that he was not a pro firearms person as he represented himself to me. David Goldman Jacksonville Florida http://www.guntrustlawyer.com/

MB123 - 3/2/2013 11:29 AM
1 Vote
I would seriously consider re-checking your facts in this article

Matt in FL - 3/1/2013 12:08 PM
1 Vote
Let's be clear here. Your article says "a judge or sheriff's permission." That is NOT how it's supposed to work, but that's how it DOES work in practice, which is why people use trusts to get around it. Take a look at the ATF Form 4 (which you can find here: http://www.atf.gov/forms/download/atf-f-5320-4.pdf ) and look halfway down the second page, at the section titled "Law Enforcement Certification." Notice the language that the CLEO is signing for: "I have no information indicating that the transferee will use the firearm or device described on this application for other than lawful purposes. I have no information that the receipt or possession of the firearm or device described in item 4 would be place the transferee in violation of State or local law." There's nothing in there about "I just don't think people should own these sort of things," but that's how many CLEOs around the state see it, by having in practice a blanket refusal to sign these forms. That section is not intended to generally only ALLOW those the CLEO THINKS is worthy, it's intended to specifically DISALLOW those that the CLEO KNOWS are unworthy. See the distinction? In my county, my CLEO doesn't refuse to sign because he thinks I'm a bad guy, or because I can't pass a background check. He refuses to sign because he thinks no one should be allowed to own these items, and so he signs for NO ONE. He is not operating in accordance with a law, he is operating in accordance with a whim, and that's wrong. Thus, in my county, we use the trust method to get around a civil servant drunk on his own power. It's not sneaky, it's not underhanded, it's a method that allows us to exercise a right that would otherwise be unfairly denied to us. Period. Full stop.

GMPOWER - 3/1/2013 11:22 AM
1 Vote
Wow, this report must have been thrown together in an afternoon without any research. No information about the $125+ it will take to put together the trust/corporation. No information about the $200 ATF Form 4 tax stamp that must be received for each class III item purchased, and will take 6+ months for the ATF to approve. No information about the $75+ that the class III dealer will charge to handle the transfer. The class III dealer will do a background check on the person purchasing the item, but anyone in the trust/corporation can take possession of the item. No information about how it will cost $10,000+ to purchase a full auto weapon. The average gun owner will never go through all of this to own a full auto weapon. The average gun owner won’t go through all of this to even purchase a $200 - $1000 suppressor.

spalmajr - 3/1/2013 11:02 AM
2 Votes
This entire piece is false period. The NFA allows private individuals to purchase fully automatic weapons manufactured prior to 1986. The weapon has to be purchased from a dealer that is specifically licensed by the ATF to deal in Class II firearms. It requires the dealer to transfer the firearm or device to the buyer using an ATF Form 4. In virtually all cases the dealer does two things first they run a NICS on the buyer. Next the dealer prepares a Form 4 which is given to the buyer. The buyer presents it to his Chief Law Enforcement officer for signature. The CLEO will have his staff check for criminal history. Next the purchaser gets finger printed and submits the finger print cards and the completed Form 4 with a $200 tax to the ATF. Upon receipt, the ATF runs its own background check, which could include an INTERPOL check at its discretion includes. If all is well the ATF returns the approved FORM 4 to the dealer and it is at that point that the sale is consummated. The process takes, at the present time 6 to 18 months. The use of a trust only eliminates the CELO signature, everything else is in effect. Now, you guys are either imbeciles or incredibly dishonest. I would ask your management to terminate the services of the individuals responsible for this piece.

Realchange - 3/1/2013 10:30 AM
1 Vote
Ever wonder how the anti American people like Bloomberg goes around with the best hired guns in America while denying you your Constitutional rights. He does it by the same means. The law is meant for commmon people not the government, or companies. Sorta strange that Bloomberg bodyguards have the best guns money can buy but he wants you to not have gun. No mention of disarming the police either. Why should police have guns if the population does not?

Rick A - 3/1/2013 8:46 AM
4 Votes
**Newsflash** Criminals are still obtaining and manufacturing machineguns illegally. There is no loophole, but there is jumping through hoops to own one legally.

LawfulGunOwner - 3/1/2013 8:09 AM
1 Vote
so this lawyer help write this law that was passed in 1934? So using a Living Trust is a legal Loophole? if this is so scary, why does it take 6+ months to get the approval from the Government (ATF)and cost me an extra 200.00 per item that I legally buy from a licensed Class 3 Gun Dealer before I can get my the item I paid for. and for the uninformed News Media that wrote this, a machine Gun (a real M-16) can cost well over $15,000 and it is used and was made before 1986.

Gunny48 - 3/1/2013 6:53 AM
1 Vote
The key term here is "Legal" so what's the big deal? You still have to register them, etc. and they cost a FORTUNE to buy & use!

Wojo1 - 3/1/2013 5:34 AM
2 Votes
"Attorney David Goldman figured out a way..." Hahaha. Using corporations and trusts to bypass abusive and arbitrary Chief Law Enforcement Officer 'discretion' has been standard for 80 years now. Mr Goldman 'figured out' nothing. Media hysterics.
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