Rose Law Group Attorney Logan Elia will attend an event showcasing Sig Sauer’s new line of weapon silencers on Saturday, October 17th from 11:00am to 4:00pm at C2 Tactical in Tempe. Mr. Elia helps his clients purchase silencers, which are legal to own with approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”). Sig Sauer is one of the world’s largest firearms manufacturers and is entering the silencer market this year. Sig Sauer is the first major gun manufacturer to directly release a full line of silencers to the public. Sig Sauer Product Manager John Hollister will also be in attendance and teaching classes about silencers.
Silencers are governed by the National Firearms Act (“NFA”). Citizens who want to buy an NFA weapon must apply to ATF to authorize the transfer of the weapon. NFA weapons can be transferred to individuals directly or to legal entities. Logan Elia helps his clients hold NFA weapons through legal entities.
There are advantages to holding an NFA weapon through an entity. First, the application process to transfer an NFA weapon to an individual is more complicated than the application to transfer the weapon to a legal entity. Individuals applying to own an NFA weapon must submit a finger print card and photograph. They must also submit a letter from the chief law enforcement officer in their jurisdiction approving the transfer. Although many chief law enforcement officers will sign such a letter, it can be difficult and time consuming to obtain. In some jurisdictions, the chief law enforcement officer will not sign an authorization letter. Doing so is entirely discretionary. There is no way to compel an authorization or appeal a refusal. Legal entities applying to own NFA weapons are not required to submit finger print cards or photographs. They are also not required to obtain approval from local law enforcement.
Additionally, only the registered owner of an NFA item is entitled to possess the weapon. If you hold an NFA weapon as an individual, you cannot lend it to anyone or allow anyone access to it outside of your presence. If you did so, the person possessing the weapon would be guilty of possessing it unlawfully and the person who owned the weapon would be guilty of transferring it illegally. These federal crimes are punishable by up to 10 years in prison and up to $250,000 in fines. If a legal entity owns an NFA weapon, then anyone entitled to possess and manage the assets of the entity is entitled to possess the NFA weapon. This allows multiple people to lawfully possess the weapons. It allows the weapons to be passed between people without being legally transferred because the entity continues to possess the weapons at all times.
The most advantageous legal entity for holding NFA weapons is a trust. It is not necessary to record, file, or publish a trust to create one. There are no annual meetings, fees, or filings necessary to maintain a trust. A trust can be easily amended. These amendments can allow new people to possess the assets of the trust.
Logan Elia drafts trusts specifically for the purpose of holding NFA weapons. He will be available to discuss the NFA, trusts, and gun-related legal issues generally at this event. The event will take place this Saturday from 11:00am to 4:00pm at C2 Tactical, Arizona’s best indoor shooting range. C2 Tactical is located at 8475 S Emerald Drive, Suite 106, Tempe, AZ 85284. After talking with Mr. Elia, hit the range to try Sig Sauer’s latest firearms and suppressors for free. This is an event you will not want to miss!
