Author: Merting

Robert was raised in the pine forests of South Carolina’s Lowcountry. He is a graduate of Wofford College and received his Juris Doctor (J.D.) from Washington and Lee University. An avid hunter, shooting sports enthusiast and outdoorsman, Robert has built his law practice with a focus on firearms law and the legal structures required for the purchase and protection of firearms. Previously, he worked as in-house counsel to a large defense contractor, from which he brings a depth of business knowledge to his clients. Robert lives in the Upstate and practices law from his office in Greenville, South Carolina.

Challenging ATF 41F

Posted onApril 12, 2016April 12, 2016AuthorMerting

As most of my readers know, ATF 41F is a new rule that will make it more difficult for trusts to buy NFA firearms starting in July. Practically all of my clients are working to get ahead of the rule change and acquire firearms while it is still convenient. Many of my clients have asked Read More …

Schedule of Assets

Posted onMarch 29, 2016March 14, 2016AuthorMerting

Schedule A, Schedule of Assets, Assignment Sheet. This document goes by many names, but what is it? Colloquially, it is most commonly referred to as “Schedule A” and basically lists what is owned by a trust. The Schedule of Assets, often abbreviated as “Schedule A”, is a list of all property owned by a trust. Read More …

Caetano v. Massachusetts: 2nd Amendment Victory or Political Football?

Posted onMarch 22, 2016March 22, 2016AuthorMerting

Yesterday the Supreme Court released a per curiam opinion striking down the reasoning of the Supreme Judicial Court of Massachusetts in Caetano v. Massachusetts. To understand the case let us consider the brief facts. Ms. Caetano has a child by an ex-boyfriend and the ex-boyfriend has become violent. She gets a restraining order against her ex-boyfriend, Read More …

Form 23 in Draft

Posted onMarch 15, 2016March 14, 2016AuthorMerting

The ATF’s new “Responsible Person” Form, Form 23, has been released in draft. Currently a copy can be found here. While generally giving us additional insight into the new application process coming in July, the Form 23 also clarifies a couple of earlier questions raised by ATF 41F. Specifically, the need to send fingerprints to Read More …

ATF 41F and the Two Year Window

Posted onMarch 1, 2016March 1, 2016AuthorMerting1 Comment

Those of you who followed ATF 41F from the time it was ATF 41P know about the two year window. Generally, this is a provision that allows the applicant to certify there has been no change in the entity since a prior approval in lieu of submitting required documents. But what does this really mean? The Read More …