In an extremely disconcerting scenario, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) has approved an application to make an NFA firearm, while acknowledging that the trust was not valid. As posted on Silencertalk.com, “Well I just got back two approved form 1 SBR’s and on the back of one of my forms it is highlighted and says ‘consult … Continue reading BATFE Approves INVALID Trust
Category: Firearms Law
BATFE Letter Requesting Removal of a SBR/SBS from the NFRTR
Below is a generic letter that can be sent to the BATFE when an individual wishes to convert a Title II firearm (short barreled shotgun or short barreled rifle) back into a Title 1 firearm. If you want a Word version of the below form, click here. You should send the letter certified mail and keep the receipt because … Continue reading BATFE Letter Requesting Removal of a SBR/SBS from the NFRTR
Can I Use Quicken Will and Trust Maker for my Gun (NFA) Trust?
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?
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)
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