On Friday, April 25, 2008, at noon, a one-hour seminar was presented at the Cumberland County Bar Association, in Carlisle, PA, by Neil E. Hendershot & Joshua G. Prince on the topic "Weapons in an Estate or Trust: What to do with the Guns?"
This was the outline for the presentation:
- Introductions, Handouts, and Audience Poll
- Concerns raised by possession of a weapon
- Legal References:
- Firearms Law Deskbook, by Stephen P. Halbrook (available on Westlaw; Updated September 2007)
- Pennsylvania Bar Institute Publication № 04488, Dealing with Firearms in Estates & Business Transactions (Nov, 2006), by in e-pub, book, audio, or book & audio; and PBI Publication № 04914, The Law of Guns in Pennsylvania (Dec, 2007), by Thomas J. Rozman, Esq.
- See: 26 USC 5801, et. seq.
- National Firearms Act -- ATF Informational Links
- PA Crimes Code, Title 18, Chapter 61 re "Firearms and Other Dangerous Articles"
- Summary of PA firearms laws in PSP Brochure
- Summary of PA gun use laws in Your Pennsylvania Gun Rights, posted by PA Open Carry.
- "I bequeath my machine gun to . . ." (Sep. 12, 2007) -- Grandpop’s Machine Gun in the Chest, Part I
- "I Inventory the SBR, AOW, DD, & Suppressor at . . ." (Oct. 19, 2007) -- Grandpop’s Machine Gun in the Chest, Part II
- Estate Planning for Grandpop's Gun in the Chest (Nov. 11, 2007) -- Estate Planning 101 under the National Firearms Act
- See also: "Violating Due Process: Convictions Based on the National Firearms Registration and Transfer Record When Its Files Are Missing", by Joshua G. Prince (2008), posted online.
- Finding & Handling -- AHSA Principles of Gun Safety
- Identifying, Listing, & Valuing:
- Type Characterization:
- Appraisal Guides:
- Blue Book of Gun Values -- 29th Edition (2008) will be 2,176-pages long, available in book, CD, downloadable, & subscription formats
- Standard Catalog of Firearms, by Schwing
- Flayderman's Guide to Antique American Arms
- R.L. Wilson's Official Guide
- Standard Catalog of Smith & Wesson, by Jim Supica & Richard Nahas
- See: Armchair Gun Show's Gun Values
- See: Shotgun World's Identification & Appraisal Links
- See: Guns & Ammo's Directory
- Securing, Transporting, & Insuring:
- See: Differences Between Firearm Insurance and Firearm Business Insurance, by Hilary Bowman
- See: Liability Insurance and the Regulation of Firearms, by Tom Baker & Thomas Farrish, posted on SSRN
- See: 100 Top Gun Sites
- See: Frequently Asked Questions re Gun Dealers in PA by the PA State Police
- Example of commercial listing: Internet Shooting Directory of Gun Dealers (by state)
- Transferring or Distributing
- ATF Special Notice on "Transfers of National Firearms Act Firearms in Decedents' Estates" (Rev 02/23/06).
- ATF Letter (12/29/05) Open Letter to All PA Federal Firearms Licensees re private transfers of handguns to individuals (18-21 yrs old)
- Weapons as tangible personal property with special characteristics
- Class 3 Firearm under the National Firearms Act
- See: Florida Estate Planning Lawyer Blog, by David M. Goldman, Esq., under topic "Gun Trusts"
Instead, this seminar considered what to do when a firearm falls into the hands of an estate's personal representative or a trust's fiduciary.
In connection with the seminar, I post below some additional online resources that Josh & I recommend for the proper "care and feeding" of weapons, whether held by an individual, or by an estate/trust:
- PA Attorney General:
- Firearm Reciprocity Agreements with other states
- PA State Police:
- Information for Pennsylvania Firearms Purchasers and Basic Firearm Safety -- Brochure: SP4-135 - Information For Pennsylvania Firearm Purchasers & Basic Firearm Safety (PDF, 2 pages)
- Pennsylvania's "Instant Check System" explained
- Reports, Information and Safety Brochures (including dealer forms)
- "Frequently Asked Questions" about carrying firearms in PA
- Firearms Dealers Newsletters (2002 to date)
- Pennsylvania Firearm Owners Association:
- Pennsylvania Gun Collectors Association
- Pennsylvania Open Carry
- Pennsylvania Rifle and Pistol Association
- Bureau of Alcohol, Tobacco, and Firearms (ATF or BATF):
- Program Information
- ATF Online Learning Center
- Federal Firearms Regulations Reference Guide 2005 (Revised - 9/05) -- Downloadable as PDF (4.5 MB)
- Personal Firearms Record for inventory purposes
- National Instant Check System
- American Hunters & Shooters Association:
- National Rifle Association
After the seminar, Josh made postings about it on the Pennsylvania Firearm Owners Association Discussion Forum. See:
- PA Gun Laws regarding Estates and more... (04/26/08)
- Sheriff Kline & NFA (04/25/08)
See: "Right to Keep and Bear Arms: Part I", posted on this Blog.