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    Greg and Beth

    the political and personal musings of two
    mountaineers living in west-central Florida
     
    Interview With A Machinegun Lawyer: Part III Comment
    Gregory Morris, 12/24/08 6:38:01 am
    This is the third and final installment of my interview with Jacksonville Lawyer and NFA Gun Trust specialist David Goldman. (See Part I and Part II)

    What are your thoughts on the Hughes Amendment? Would you like to see it repealed? Do you think that will ever be politically practical?
    For those who are not familiar with the Hughes Amendment, this is the law or amendment to the NFA that made it illegal for individuals, businesses, and trusts to purchase Machine Guns manufactured post 1986. It does not make it illegal to manufacture a post 86 machine gun, but since the ATF will not approve the manufacture of a new machine gun it has the effect of making it illegal. One one hand, I would like to see it repealed, but I do not think this will happen. The problem is that if it is repealed the cost of machine guns will drop and they will be available in the sub $1000 price range. This could lead to a host of illegal gun sales and an increase in criminal activity with machine guns. While this is a risk with any firearm, the downside is that if the Hughes Amendment was repealed and there were many crimes with these weapons because of their abundance, it could lead to much wider prohibitions on Title II firearms or firearms in general.

    Are there any pressing legal issues that either Florida firearms owners, or Title II firearm owners nationwide should know about?
    Florida and Texas and a few other states have no additional restrictions on Title II firearms. People need to be aware that just because it is legal to use own them, it does not make their use legal in all circumstances. For example any restrictions on rifle possession or use would be the same on a SBR or Machine gun. Many people do not realize that it is illegal to hunt with a silencer in Florida. That is the only additional restriction on weapons covered under the NFA in Florida.

    What, if anything, makes Title II firearm ownership in Florida different from other states?
    Florida is a state surrounded by water on three sides. As such it is easy to find yourself in another state or international waters by boat. There are additional federal restrictions on Title II firearm transfer across state or international lines. As of this time, it is the ATF's position that it is illegal to bring a Title II firearm into international waters. In addition, you would need a Form 20 approval to transport a Title II firearm across state borders either on land or by water. See Florida Specific NFA Firearms trust information.

    Can you give me a quick overview of the steps required to purchase a Title II firearm? What options are there, what do you recommend, and why?
    In almost every circumstance, the purchase of a Title II Firearm is better within a NFA trust than as an individual. With a NFA trust you can protect your family and friends from potential criminal liability from the invalid possession, access to weapons, transfer, and use of these items.

    With a NFA trust the process is rather simple. We start by having a conversation with the individual to determine what their goals are. Next we determine what they need to accomplish based upon their individual family and lifestyle circumstances.

    Once that information has been gathered we draft the trust, review it with them within 24 hours and then teach them how to use the trust, make the purchase, and avoid the procedural violations that are common with TItle II firearms and the NFA.

  • Information on how to purchase a Title II firearm
  • FAQs on Title II firearms
  • Information on Form 4 transfers

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