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
Category: Firearms Law
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).
How to Fill out a Form 1 or Form 4 when Using a Gun (NFA) Trust
So you have a Gun Trust but how do you correctly fill out a Form 1 or Form 4 when the applicant is the Gun Trust? This is a common question and below explains how the forms should be filled out. To begin with, regardless of what individuals on the internet may tell you, you … Continue reading How to Fill out a Form 1 or Form 4 when Using a Gun (NFA) Trust
Open Carry in Pennsylvania
To the surprise of many residents, as well as law enforcement officers, individuals who are not prohibited from owning firearms may openly carry a handgun on or about his/her person without a license (18 PA.C.S. § 6106). This has been upheld by the PA Supreme Court in Commonwealth v. Ortiz and Commonwealth v. Hawkins. However, … Continue reading Open Carry in Pennsylvania
National Firearms Act Estate Planning 101
As an estate attorney, how do you handle the planning of an estate, which includes National Firearms Act [NFA] firearms? What if your client asks you, prior to his/her purchase of a NFA weapon, what is the best form of ownership, with long term estate planning in mind? This issue may plague estate attorneys, leaving … Continue reading National Firearms Act Estate Planning 101