NFA Gun Trust | $400 – Estate planning tool to protect your family from unlawful possession of NFA firearms at your passing.  Multiple people can have access to the NFA firearms in the trust when appointed as Trustee.  No Law Enforcement signature required when applying for ownership.

Firearm Instructor Liability Waiver | $100 – Customized waiver to help protect yourself and your company from mishaps on the range or during your course.

Range Safety SOP Liability Waiver | $100 – Enhanced protection on the liability waiver to ensure that students read and understand range safety rules.

Independent Contractor waiver, agreement and non-disclosure |  $250- Use these documents to protect your company when you have additional instructors on the range that are not employed by your company.  Furthermore, this document protects your company by limiting how much information your independent contractor instructors can disclose about your course/business practice and prevents them from soliciting your students.

FFL application package | $500 – Application completion, mailing and training to prepare for ATF interview.  This package comes with a completely highlighted ATF FFL rulebook with the most important areas highlighted.

LLC creation | $1,000 – It’s one thing to be setup as an LLC, and it’s another to actually have limited liability.  The LLC package that I prepare registers your business with the state agencies responsible for governing businesses in Utah, produces articles of organization that protect you and your business, issues certificates of ownership, meeting minutes and all of the initial tax documents needed to get your LLC started.  This service also includes acceptance on my part as your Registered Agent to accept service of process – should someone sue you, you want the documents to come to a practicing attorney who will know what to do with the documents.  Throughout this LLC creation, the entire focus is on removing you the individual from the business entity as much as possible.

Local business licensing | $350 – I will work through all of the local ordinances and applications to get your business licensed in your municipality.

I hope that Mr. Obama will take the campaign, all of the vastly unhappy people in the country as a sign that he needs to step up his game.  Quite wasting time, quite waisting tax payer money and get to work!  In the gun community, many are concerned about what Mr. Obama might do to gun rights, like reinstating the Assault Weapons Ban.  I don’t think he’s got the political clout that Clinton had and will be able to have any real success on such a measure, especially with a Republican controlled House.  My big concern is that with his control of the Senate, he will pack the Supreme Court with overly liberal justices that might overturn recent victories for the second amendment.  Having said that, it’s definitely a time for all of us to consider what firearms we have, what else we need, and where we need to shore up one’s personal weaknesses.

I can imagine that in addition to the Assault Weapons Ban, the Democrats would love to chop ones ability to acquire NFA firearms.  It’s for this very reason that I recommend that if you’ve been thinking about getting an NFA weapon trust, the time to act is now.  In light of the election and my desire to help you out, not only will I help you with your trust, but I am able to get you below retail prices on Suppressors and Short Barreled Rifles.  So, check out this PDF about the process with getting your Utah NFA gun trust.  Please feel free to call, email or text my cell phone with any questions you have about the NFA gun trust and the process.

My favorite thing about working with ImpersaNature is that they are custom in everything that they do.  I have always been impressed with their artificial environments and custom designs and that’s why I knew that I could get something really cool out of them.  I’m sure they could duplicate what they did for me, but the coolest thing is that they can make just about anything.  Very impressed.  I love my new law office wall art!  In case you are wondering, the Kanji on the wall reads “Gi” which means righteousness.  You also find this character in Seigi, which means justice.  It’s a nice feeling for my law office.  Don’t you think?

Here are some photos:

]]> http://www.stecklaw.com/2012/11/05/thanks-to-impersanature-studios-and-design/feed/ 0 http://www.stecklaw.com/2012/08/20/nfa-weapon-trust-parties/ http://www.stecklaw.com/2012/08/20/nfa-weapon-trust-parties/#comments Mon, 20 Aug 2012 22:56:23 +0000 msteck http://www.stecklaw.com/?p=403 In setting up your Utah NFA weapon trust, there are several people that need to be identified to be listed on the trust.  The following information is designed to help you understand who the parties are that are supposed to go into your NFA weapon trust to handle these special firearms.

In its simplest form, an NFA weapons trust is basically a special type of contract that allows you to have access to Short Barrled Rifles, Short Barreled Shotguns, Suppressors and Pre-86 fully automatic machine guns.  When I say contract, this contract is designed handle the ownership and management of a very special property (i.e NFA weapons).

So here is a basic list of who the parties are in a NFA weapon trust:

Trustor: The trustor is the person for who’s benefit the trust is created.  You, the person reading this, are most likely the trustor as you are probably the person who is going to be buying the NFA item.   A trustor is also called a grantor.

Trustee:  You, the trustor, will also be listed as a Trustee.  As trustee, you will have a present right to possess NFA items.  You will list all those that you want to have an immediate possession to your NFA weapons as trustee.

Beneficiary:  A beneficiary is the person to whom you want to leave your NFA items when you pass away.  There is some discussion about whether a beneficiary has the ability to access your NFA weapons in this NFA trust.  Michael Steck, Esq. will go over this intricate detail with you when you have purchased the NFA weapon trust.

Ready to get started?  Click on the attached form to start filling out the fields of all the people you want on your NFA weapon trust.  Your NFA weapon trust will cost you $400.  Michael is also available to help you even if you live outside the state of Utah.

- Fill this form out to get started on your NFA trust.

– What to say on 911 call –
There has been a shooting at
(your current location).
I am armed and
waiting for the police
and an ambulance.
DO NOT give any other information about what you did.

What to say to the police:

My name is ___________________

I have a concealed firearm permit,

I invoke my right to remain silent

and will make a full statement

once I speak with my lawyer

Self- Defense laws on the inside:

Use of deadly force in defense of yourself or another – UCA § 76-2-402
You must have a reasonable belief that it is necessary to protect yourself or a
third person against the imminent use of unlawful force to prevent death or serious
bodily injury OR to prevent the commission of a forcible felony:
Forcible Felony: aggravated assault, mayhem, aggravated murder, murder,
manslaughter, kidnapping, and aggravated kidnapping, rape, forcible sodomy,
rape of a child, object rape, object rape of a child, sexual abuse of a child,
aggravated, sexual abuse of a child, aggravated sexual assault and forcible entry
of an occupied vehicle.

When deadly force is not authorized: (1) you provoke the use of force; (2) assailant
is attempting to commit, committing or fleeing after the commission or attempted
commission of a felony; or (3) you are engaged in combat by mutual agreement

Use of deadly force in defense of your habitation – UCA § 76-2-405: You may
only use deadly force to defend your habitation if (1) the assailant breaks
into your home and you have a reasonable fear that they are going to harm you;
or (2) you reasonably believe that the assailant is there to commit a felony.
Use of deadly force in defense of property – UCA § 76-2-406:
You can use force, but not deadly force to protect your property.
Where Concealed Carry is Prohibited: Correctional Facility, Mental Health Facility
Secure area of Airport, House of Worship with notice, Private Property with Notice
Federal Buildings, Courts, Post Office,
National Parks where your Utah permit is not recognized
What to do when interacting with police – Keep your hands visible,
DO NOT make sudden movements and inform the officer you
have a Concealed Firearm Permit.

Negligence as a firearm instructor.

Just for a point of reference, here are some basics about liability as it applies to firearm instructors.  The most likely cause of action someone would have against you is a cause of action for negligence.  While the term “negligence” is a term that gets thrown around a lot, there are four parts to negligee: (1) duty, (2) breach, (3) causation, and (4) damages.

1. In terms of duty, you have a duty not to hurt other people – I know it’s simplistic, but that’s the point of this article.
2. With breach, the plaintiff lawyer is going to focus on what’s oftentimes referred to as “the standard of care.”  A standard of care for a firearm instructor is what a firearm instructor of similar training and knowledge would do.  This is where the NRA guidelines are so critical for you.  You no doubt put on your credentials that you are NRA certified or some other form of certification.  The plaintiff’s lawyer, who may be assessing whether to bring a lawsuit against you, is going to look at what the standard of care is for NRA instructors as that’s what you hold yourself out to be.  Every single thing that is in your training manual may be used against you.
3. As for causation, the lawyer must establish that what you did was the direct cause of the injury the plaintiff suffered.
4. Lastly, there must be some form of damages – like the person was injured and/or had expenses because of their injury.

5 things you can do to protect yourself.

Well, with that out of the way, here is my list of 5 things that I would recommend people consider as an NRA instructor.

1. Get your business set up to protect you and your family.  I’m happy to talk with you about your business needs and set up your business in a way to maximize your protections.  When we talk, here’s the first part of the discussion on entity types:
   1. Sole Proprietorship:  This is probably the easiest means of setting up a business.  It is also provides the least amount of protection for you, your family and your property.  This business entity basically just says that you, as an individual are conducting business all by yourself.
   2. Corporation.  Traditional corporations may have some tax advantages based upon how many employees you have and other growth factors.  However, most people steer clear of the traditional corporation because they are taxed twice, first when the money comes into the business and second when that money is paid out to the individual.
   3. Limited Liability Company.  The LLC, as it is commonly referred to, is by far the most popular means of setting up a business.  An LLC can, if certain steps are adhered to, provide protection to a firearm instructor who is seeking to separate himself or herself from any negligence that may occur in the course of instructing.  The important thing to realize about an LLC is that it is not impenetrable.  An instructor who teaches courses at his or her house, uses their own personal firearms, laptop, projector and other items, may have a hard time establishing that they were actually acting in their capacity as a limited liability company.  Plaintiff lawyers know how to pierce the corporate veil when an individual is simply using their business to shield what the individual is doing.  Basically, have your business acquire your business assets and run your business like a business – not your personal playground.
   4. Who is your registered agent?  Another means to separate your business from yourself is to make sure that your registered agent is someone other than yourself, like an attorney.  The registered agent acts as a representative of the company should someone decide to bring a suit against the company.  This adds one more level of protection to you as a separated party from your business.  It also helps prevent that disastrous situation where you get served with some crazy legal documents, have no clue what they mean, put them in the round filing cabinet and find out a few weeks later that you have a default judgment for not responding to the lawsuit.  I’m happy to help you get your registered agent status squared away.

2. Follow all NRA rules.  Every training counselor and certified instructor knows that live ammunition is not allowed in the classroom.  This rule, as well as all other safety rules, serves two purposes.  The first purpose is obvious: safety.  As an instructor, you have a huge responsibility to ensure that you do everything within your power to make the classroom a safe place for learning. The second purpose is to protect you!  Have you considered that all of the safety rules, when correctly followed not only provide for the safety of your students but also protect you from liability? So, follow all of the safety rules.
3. Use a small, portable video camera.  This $100 option may be worth its weight in gold.  Having some video playback of your time at the range will do wonders to deter the potential lawsuit. Having some video footage of your class not only allows you the chance to improve your training, but will also provide great protection should an individual try to bring a lawsuit.  All your attorney would have to do is simply show the video of how your student didn’t follow the rules and was negligent, not you.  Another consideration here is to get parental/shooter consent before putting up the camera to record your course.  If you are following the safety rules and do not have any ammunition in the classroom, you might only need to have your camera up during the range portion of the course.
4. NRA endorsed insurance.  As training counselors, we oftentimes talk about and recommend to our instructor candidates to pick up the well-priced NRA endorsed insurance for instructors.  First of all, NRA endorsed insurance, for the price, is pretty amazing.  From my own experience, when I was insurance shopping, I happened to price compare and found other policies to be $500 – $1000/mo for a policy that didn’t touch the NRA endorsed insurance coverage. Here are a few things to consider about instructor liability and insurance coverage:
   1. If you get insurance coverage, don’t tell a soul.  Having an insurance policy may very well be the thing that makes a personal injury lawyer decide to take a case – deep pockets make great lawsuits for hungry lawyers.  Let’s face it, people who don’t have any money and have nothing to lose are the people least likely to be sued.  I laughed the first time that I heard a defendant was so poor that they were “judgment proof”.  Nothing in the rulebook states that you have to disclose that you are covered.  If a student came to me before a class asking me if I were insured, I may not want them in my course in the first place…just something to consider.
   2. If you don’t have insurance, don’t tell a soul.  Same logic goes…you don’t want to go around advertising this fact either.  This may well be the thing that makes the personal injury come drive by your house and see if he wants to take on the case (I’ll talk about your personal property a little bit later).
   3. Follow all NRA rules, if you want your coverage to apply.  The fact of the matter is that when it comes down to it, an insurance company is in the business of making money.  I don’t care how committed to a particular cause a company may appear, at the end of the day, an insurance company’s number one function is to bring in more money than they put out.  Insurance companies don’t make money by defending lawsuits.  This is where an insurance policy is going to very carefully define what they do and what they do not cover.  Also, be aware that insurance companies are sticklers when it comes to your application form.  I have seen cases where someone with a great insurance policy gets stuck with a judgment simply because they were untruthful in their application – or so the insurance company said.  This is where many attorneys spend their time making their living – in going after insurance companies that suddenly decide to drop an insured because they claim that the insured did something outside the scope of the policy.  This is called a bad faith suit.  The point of all this is to say that an insurance company is going to do all that they can to make sure that they actually have to cover a lawsuit.  The moral of the story is to follow all NRA rules and insurance policy guidelines.
5. Get an attorney prepared liability waiver.  Liability waivers are great.  They make people think twice about going to an attorney in the first place.  If they do, and the attorney finds out there was a liability waiver in place, it may completely kill the case before it even gets going.  An ounce of prevention really does equal a whole boatload of fix-it later on.  Now, having said that, liability waivers are not bomb proof.  If you, the instructor, are egregiously negligent, there is no amount of waiver that can protect you.  What you are trying to do here is to put up as many protections as you can without breaking the bank.  I have simple and easy to use liability waivers designed and ready to go for your firearm instruction.  I charge $100 for the document and an office visit or a phone call to go over the document in depth to help you understand what it means and how to use it.  The “Buy Now” button will let you purchase the document.  I will give you as call as quickly as I can to discuss your waiver.

Well, that wraps up this discussion.  Make some comments below, contact me with your questions and know that I am always here to help you.  I personally love the shooting sports and love instructing and want to do what I can to help you out.  Thanks for reading through this long post. ~Mike

1. CREDIT COUNSELING:
   1. Before you can file for bankruptcy, you must receive US Trustee approved credit counseling.  This can be completed online.  For a full list of approved agencies got to http://www.usdoj.gov/ust/
   2. Your credit-counseling agency will provide a certificate of completion.  They should also either email or fax that certificate to the law office.
   3. After your case is filed and within 45 days, you must complete a financial management instructional course.  This certificate will also be sent to you and to the law office.
   4. One recommended agency is http://www.pioneercredit.com

When you get to the section on filing out my attorney number with Pioneer Credit, please feel free to give me a call or send me and email and I will get it right over to you!

So if you are looking for help with getting a divorce in Sandy or anywhere throughout Utah, please give Michael a call today for a free consultation.

So here’s the jest of the story:

This individual, who shall remain nameless inherited a suppressor from his father.  The son, who is not really all that interested in shooting, doesn’t do much with the suppressor.  The father purchased the suppressor as an individual, paid the $200 tax stamp, and had the suppressor on his form 4.  When the father passed away, the son naturally received the suppressor.  The son understood that the suppressor is a restricted item under federal law and that he needed to register the transfer.

Now, a point about transfers when someone passes away…without going into too much detail about the ATF regulations, suffice it to say that the ATF regulations allow for a “reasonable” amount of time to transfer NFA items on a Form 5.  It’s something I’m happy to help you fill out and send in to the ATF.

Okay, so back to the story…this son, has not registered the suppressor and it’s been over 8 years!  Now, I’m sure that everyone reading this right now would not like to admit it, but isn’t this a prime example of human nature?  When someone passes away, there are a million things to do and get done.  Worrying about a small, metallic can is not likely going to be on most people’s to do list – especially for the family where Dad is the big time shooter and no one else in the family cares for the sport.

What’s the big deal you say?  Well, no one has ever defined what a reasonable time means.  Is it one day, six months or 8 years.  ATF could bring charges whenever the heck the please.  Is that a situation you want to put your family or loved ones in?  I think not.

So, long story short, get an NFA gun trust.  I hope that my client’s friend will be calling me soon to get his NFA gun trust setup.

First, a little background…you could go to an NFA dealer to purchase an already assembled NFA item such as a short barreled rifle. In this purchase, your NFA registration will be conducted on a what is called a form 4. A form 4 is usually for pre-made or existing NFA items. You could purchase your NFA item as an individual, a corporation or using one of our Utah NFA gun trusts.

Another means of acquiring an NFA weapon, is to manufacture the item yourself for your own purpose (i.e. you cannot make it for profit). Manufacturing the NFA item for yourself requires using a form 1. The form 1 is used for registering your short barreled rifle or shotgun or suppressor. You cannot manufacture machine guns using the form 1. So, getting to the main point of this post, do you have to engrave a serial number on an NFA item that you manufacture?

The answer is, it depends. If you purchased a lower receiver and decided to build a short barreled rifle, and you wanted to register that receiver as an NFA item, you are not required to engrave a serial number onto the lower receiver as the lower receiver is already serialized. That lower receiver becomes the NFA item as a SBR. So, you could put multiple upper receivers on that same lower receiver.

As for suppressors, you would, however, be required to put a serial number on the suppressor when registering. Where that suppressor does not already possess a serial number, you would have to imprint one according to ATF standards.

Here is what the ATF has to say on the matter:

All NFA firearms must be identified by a serial number and other specified markings. If an existing firearm is being used in the making of the NFA weapon, and that firearm is serialized, the existing serial number should be used (unless it duplicates a serial number already used by the maker on Form 1) and entered in Block 4(g). If the weapon is of new manufacture, the applicant must assign a unique serial number and enter it in Block 4(g). For example, a unique serial number could be composed of at least 4 digits preceded by the initials of the maker. NOTE: alpha characters, e.g., a name, will not be accepted as a serial number. If a name is to be used, there must be at least one numeric character in addition to the alpha characters.

Questions? Want to talk to me about creating an NFA gun trust? Give me a call at 801-505-9202. I look forward to helping you with all of your gun law needs.