With the increase in use of trusts for ownership of NFA firearms, many individuals are asking whether they can use Quicken Will and Trust Maker or Legal Zoom to create their gun trust. The main reason for using Quicken/Legal Zoom is itheir cheap price. As always, you get what you pay for. While Quicken and Legal Zoom … Continue reading Can I Use Quicken Will and Trust Maker for my Gun (NFA) Trust?
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).
Should I Consider an Irrevocable Gun Trust?
While we recommend revocable gun trusts in most situations, there are situations where an irrevocable gun trust might be the best option for a client. Specifically, with a revocable trust, a judgment creditor can attach to the assets of a revocable trust because the settlor/grantor can revoke the trust at any time. However, with an … Continue reading Should I Consider an Irrevocable Gun Trust?
The New Trust on the Block…The Gun Trust
As if estate planning was not already complex and all-encompassing, there is a new craze sweeping firearm enthusiasts throughout Pennsylvania and the rest of the United States. It is the Gun Trust. However, most attorneys are bewildered by this new trust and are asking: What is it? What is its purpose? What benefit does it … Continue reading The New Trust on the Block…The Gun Trust
Recordkeeping and Identification of Trust Property in a Gun (NFA) Trust
Per 20 PA.C.S. 7780, “Recordkeeping and Identification of Trust Property,” a trustee must: 1. keep adequate records of the administration of the trust; 2. keep trust property separate from the trustee’s own property; and 3. ensure that trust property is designated so that the interest of the trust, to the extent feasible, appears in records … Continue reading Recordkeeping and Identification of Trust Property in a Gun (NFA) Trust
Fearful Wife Means Loss of Weapons
A Family Court judge’s decision could have kept a lot of deer hunters out of the woods this last season – and maybe next year, too. Most hunters and gun collectors are aware that a felony conviction will cripple their rights to own or possess a firearm. Many may not be aware, though, that an … Continue reading Fearful Wife Means Loss of Weapons
Will the Beneficiary of your Gun (NFA) Trust receive the Firearms? – The Elective Share issue…
If you have a Gun Trust, are you sure the beneficiary(ies) you specified will receive the firearms upon your death? Pennsylvania law provides that if an individual is married, upon the that individual’s death, the spouse may, at his/her discretion, take an elective share of the estate. 20 P.A.C.S. § 2203. The PA Legislature enacted … Continue reading Will the Beneficiary of your Gun (NFA) Trust receive the Firearms? – The Elective Share issue…
Firearms Not to be Carried without a License
In Pennsylvania, pursuant to 18 PA.C.S. § 6106, no person may carry a firearm in a vehicle or concealed on his person without a License to Carry Firearms (LTCF). (See these blog postings on Concealed Carry and Open Carry in PA; however, on July 24, 2024 a monumental decision came down regarding having a loaded … Continue reading Firearms Not to be Carried without a License
BATFE Engraving Requirements for a Short-Barreled Rifle/Shotgun (SBR – SBS)
The BATFE has promulgated regulations regarding the manufacture of a class 3 firearm. Specifically, the requirements for identification/engraving are set forth in BATFE Publication 5300.4 -27 CFR 479.102 The regulation specifies that any gun manufactured, imported, or made on and after January, 2002 must have the manufacturers information engraved, cast, stamped by impression, at a … Continue reading BATFE Engraving Requirements for a Short-Barreled Rifle/Shotgun (SBR – SBS)
PA Firearm Reciprocity Agreements
The current PA Attorney General, Tom Corbett, has been instrumental in enacting new reciprocity agreements between PA and other states. For the most up to date information, an individual should check the PA Attorney General's website and PA Attorney General Reciprocity Agreements. On the AG's site, an individual can download copies of each reciprocity agreement. … Continue reading PA Firearm Reciprocity Agreements
Concealed Carry in PA
To carry a handgun concealed in public, an individual must possess a valid PA License to Carry Firearms (LTCF, 18 PA.C.S. § 6106) or an equivalent license issued by a state that PA honors (See PA Attorney General Reciprocity Agreements for up to date reciprocity agreements and my blog posting on reciprocity).
Prince Law Offices Blog 