I often receive calls and emails from individuals looking for a Gun Trust attorney in Florida. I am always happy to refer them to Attorney David Goldman of GunTrustLawer.com, who has developed a national network of Gun Trust attorneys. Attorney Goldman is cognizant of the National Firearms Act considerations that must be dealt with in a … Continue reading Florida Gun Trust Attorney – www.GunTrustLawyer.com
Author: Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
Invalid NFA Trusts: Myth or Reality
Unfortunately, the answer is that numerous individuals are submitting invalid trusts for the purchase of NFA firearms. In a current article of Small Arms Review (SAR), Vol 14, No. 1 , the National Firearms Act Trade & Collectors Association (NFATCA) reports that, “Virtually four out of five trusts get bumped back because it was imply and improper trust.” The NFATCA is … Continue reading Invalid NFA Trusts: Myth or Reality
3 DUI’s in a 5 year period = Habitual Offender and Loss of License for 5 years
To the surprise of many clients, even though the sentencing guidelines do not specify that an individual will lose his license for 5 years for a 3rd DUI, in certain circumstances that may be the result. Pursuant to the sentencing guidelines, conviction for a 3rd DUI, depending on the level of intoxication, would result in either a … Continue reading 3 DUI’s in a 5 year period = Habitual Offender and Loss of License for 5 years
My Doctor wants to Charge me for MY Medical Records!
We sometimes receive calls from irate patients/clients, who have been told, by their treating doctor, that in order for them to obtain a copy of their own medical records, they must pay the doctors office a certain amount. Many individuals, understandably so, believe that the medical records are their own and not the property of … Continue reading My Doctor wants to Charge me for MY Medical Records!
Can a Trustee with an out of state Driver’s License picking up a NFA firearm?
The answer, unfortunately, is no. While a trustee may lawfully possess assets of the trust, when he/she goes to the dealer to pick up the NFA firearm, after receiving approval from the BATFE, the trustee must fill out a 4473 and a NICS check. For a 4473, the individual must be a resident of Pennsylvania. Thus, the trustee must have … Continue reading Can a Trustee with an out of state Driver’s License picking up a NFA firearm?
Effect of Death on a Divorce: Can the Spouse take under the Decedents Will or is the Spouse Limited?
With a divorce rate above 50%, the inevitable sometimes occurs. During the divorce proceeding, one spouse dies. The affect of this situation can lead to a complex interaction between the Divorce Code and the Estate Code. Because there are so many different possibilities, I will briefly lay out the possible scenarios and likely effect on … Continue reading Effect of Death on a Divorce: Can the Spouse take under the Decedents Will or is the Spouse Limited?
Florida Man Arrested for Constructive Possession of an SBR
I have recently blogged about the issue of constructive possession of NFA firearms in my article NFA and Constructive Possession: Myth or Reality?. On August 27, 2009, Jesus Amador, Jr., was arrested by an undercover officer when he sought to sell his Heckler and Koch SP89 pistol. But, one can legally sell an H&K SP89, … Continue reading Florida Man Arrested for Constructive Possession of an SBR
Dealer’s Free NFA Trust is Invalid
Attorney David Goldman recently posted an article, Free NFA Trust Form for Class 3, Title II purchases, about a dealer who was offering a free NFA trusts with purchase of a NFA firearm. As Attorney Goldman discusses in his article, the trust was blatantly invalid. The invalidity of the trust could subject the trust assets to forfeiture and the grantor/trustee(s) subject to … Continue reading Dealer’s Free NFA Trust is Invalid
Can a Trustee “use” the Assets of a Gun Trust?
The answer, generally speaking, is no, unless you have competent legal advice on how to form a trust that would allow the trustee to “use” the assets. What many who use Quicken or other products, instead of seeking competent legal advice, fail to recognize or understand is the purpose of a trust and the fiduciary duties … Continue reading Can a Trustee “use” the Assets of a Gun Trust?
What to do when sending an NFA firearm across state lines to be repaired
While the BATFE used to require an individual to file a Form 5 and receive approval before sending the firearm to the gun smith, theBATFE several years ago said that such was no longer required. However, and an issue that most inadvertently overlook, the BATFEhas never said that a Form 5320.20 (BATFE Form 5320.20) does not have to be submitted … Continue reading What to do when sending an NFA firearm across state lines to be repaired
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