May 31, 2015, 11:03 PM | #1 |
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looking for a lawyer: NFA
Hey everyone.
Can anyone recommend a solicitor that specialises in the NFA? I'm considering registering a corporation and using it to purchase some FA guns as investments. Thanks. |
May 31, 2015, 11:31 PM | #2 |
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You might want to tell us where your located. It might help. I'm assuming your in that land down under as your looking for a solicitor. Up here in the U.S. they are called lawyers.
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May 31, 2015, 11:49 PM | #3 |
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yes i'm in the land down under so i'm not expecting to find anyone local. I'd probably want one in colorado, nevada, arizona or texas since they seem to be the most machine gun friendly states to my knowledge.
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June 1, 2015, 06:37 AM | #4 |
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Never used them for this. But you did mention Texas.
http://www.lawshieldtrust.com/texas/
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June 1, 2015, 11:00 AM | #5 |
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June 1, 2015, 11:41 AM | #6 |
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Given the specialized nature of this question, I'm moving it to the NFA forum.
By "land down under," I take it you're in Australia?
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June 1, 2015, 07:11 PM | #7 |
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Thanks for the links guys. I'll check them out. Yes Tom I'm in Australia, however my understanding is that the corporation is a separate legal entity capable of purchasing on its own.
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June 1, 2015, 07:26 PM | #8 |
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Where are you planning to establish the corporation? If in the U.S., you can incorporate a business or simply open a shop and apply for a Class 1 FFL with a Class 3 Special Occupational Tax. You don't really need a lawyer for any of that (though I recommend it). But the problem is that machine guns can no longer be purchased by individuals, and even if your licensed "corporation" buys some, they have to be disposed of to a government entity or another licensee if the corporation goes out of business; in other words, you can't just start a corporation, buy guns, fold the corporation, and keep the guns.
As to buying guns in the US and exporting them to Australia, I don't know what the laws are in Australia, but I am under the impression that privately owned MG's are illegal. If that is not the case, you would need a lot of paperwork to export them to Australia. The BATFE enforces the NFA but does not control exports of arms and ammunition, the Department of State does, and Australia would have to approve the import before DOS would approve the export. All in all, unless you really plan to make a lot money on the deal, the task is daunting. I think you need to think things out before being concerned about a solicitor. Jim |
June 1, 2015, 08:30 PM | #9 |
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It sound to me like the plan is to start a Corp, buy some transferable MGs and then resell them to others here in the states
Is that the basic business model? |
June 1, 2015, 09:09 PM | #10 |
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Hi, Shooterdownunder,
You specifically mentioned buying MG's as investments, which would seem to indicate you plan to keep the guns for a while, not just conduct a normal buy and sell business. Would you keep your stock in the U.S.? If so, you are talking about a normal dealership, but to make money you need to have a turnover, and that does not really jibe with the investment idea. Jim |
June 1, 2015, 10:28 PM | #11 |
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Hi James,
I think you've misinterpreted what I intend. I have no plans on becoming a dealer or handling post 86 dealer only samples. A corporation to be established in the USA. Transferable firearms to be purchased and held by said company in safe storage in the USA. At no point will they be exported owned or possessed by myself. Firearms will at a later date be resold. |
June 1, 2015, 10:53 PM | #12 | |
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Quote:
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June 1, 2015, 10:58 PM | #13 | |
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Quote:
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June 2, 2015, 09:06 AM | #14 | |
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Quote:
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June 2, 2015, 01:30 PM | #15 |
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Sorry, Dogtown Tom, my error and yes, I do know better. I sold several MG's to individuals over the past few years; I didn't even have to go through an SOT dealer because they were C&R and the buyers had C&R licenses.
Jim |
June 2, 2015, 02:41 PM | #16 |
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If I understand, the OP intends to start a legal corporation in America while remaining in Australia. The corporation would buy machine guns and store them in America for a period of time until the value increased and then would re-sell them in America.
So the goal essentially is for a non-American to start an American corporation for the purposes of owning machine guns in America only
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June 2, 2015, 06:32 PM | #17 |
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Hi Dakota,
That is correct. |
June 2, 2015, 10:23 PM | #18 |
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Considering machine guns are very high dollar items, I'm assuming you're not going cheap on legal fees. I don't know who the best of the best is, but a very reputable NFA lawyer in my area is David Goldman. That might be a start
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June 3, 2015, 06:15 AM | #19 |
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Thanks dakota. I'll send an email off to them.
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June 4, 2015, 10:06 AM | #20 |
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Silencerco offers that service. They should be fully up to speed since serving suppressor buyers is their business.
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June 5, 2015, 01:11 PM | #21 |
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This is the guy I used. My lawyer friend told me that in his estimation that he is the gold-standard of NFA trust lawyers. He's already been mentioned: David M. Goldman.
https://www.guntrustlawyer.com/ Essentially, they tailor the trust to you, then hook you up with an affiliate lawyer near you that can help you with legal questions and alterations of your trust. I'm not sure if they can help with more international problems. |
June 5, 2015, 04:39 PM | #22 |
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Certainly no expert in NFA here.
But, ATF is clear- being "in the business" of buying/selling firearms for profit- NFA or not- requires a firearms license. Sounds like a slippery slope to me- it would be interesting to hear what the attorney you retain, has to say about the proposed venture. To my knowledge, it is irrelevant how long a firearm is "held" for investment. By your own admission, the sole purpose of the corp- is to buy, and sell NFA weapons for profit. IMO, you would need a dealers license at minimum even for transferable NFA.
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June 7, 2015, 08:19 PM | #23 |
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BATFE takes the not unreasonable position that an FFL is a business license. That means that a licensee has to have a place of business and be seen as doing business. It seems to me that the OP's purpose might be better served by simply setting up an investment corporation or trust (non-dealership) to buy guns and hang onto them. Any sales can be handled through a licensed dealer. He would have to have a business manager here to provide the necessary custody, but there would be no need to have a shop or sell anything. There would have to be a transfer tax if the corporation bought from an FFL SOT dealer, but that should not be a significant problem. I don't know if issues like a corporate income tax could make that idea unfeasible, but it might work better than an FFL SOT dealership.
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June 8, 2015, 06:50 AM | #24 |
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^^
Makes sense.
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