fms-logo-lg

In Our Judgement: In Law & In Life

550 West Main Street, Suite 500  |  Knoxville, Tennessee 37902  |  office 865.546.9321  |  fax 865.637.5249 Directions & Parking Info

In Our Judgment

The official Frantz, McConnell, and Seymour, LLP blog.

Providing insight on laws that regulate the manufacture, trade, possession, transfer, record keeping, and transport of firearms, ammunition, and firearms accessories.

Employers Have Rights Under State's Gun Laws

Note: Much of this article will be superseded by Tenn. Code §50-1-312, effective July 1, 2015.  Newer posts will address this change.

I published an article in the Knoxville News Sentinel entitled, "Employers have rights under state's gun laws."  To read the article, click here.

Tags:
Continue reading
3063 Hits

Firearm Trusts in Tennessee

The National Firearms Act (NFA) regulates such items as machine guns, short-barrel rifles and shotguns and suppressors. Some persons choose to have a trust own the NFA-regulated item, rather than own them as an individual.

A trust is a legal entity that is separate from the individuals, much like a corporation or LLC, to hold property for someone else, called a beneficiary. A trust is set up by a grantor or settlor. A trustee (who also can be the settlor), then manages the trust property for the beneficiary or beneficiaries.

Tags:
Continue reading
2993 Hits

Presumed To Be In Fear: Presumptions and the Law of Self-Defense in Tennessee

In 1989, Tennessee substantially revised its criminal laws. The revisions changed everything from definitions used in the statutes to sentencing. One of the changes strengthened the law of self-defense and defense of others, when the use of force occurred in one’s home:

Tags:
Continue reading
3813 Hits

Standing Your Ground in Tennessee: Changes in the Law of Self-Defense

So-called "stand your ground" laws have been in the news recently. A great deal of the commentary has lacked understanding, been misinformed or just plain wrong. Essentially, these laws provide that when a person is threatened with force, they have no duty to retreat before using force to defend themselves. If the threat involves the risk of death or serious injury, the person can use deadly force in self-defense.

Tags:
Continue reading
3359 Hits

Not to Have or Hold: Prohibiting the Possession of Firearms and Restoration of the Right - an Overview

Note: Since this article, restoration of firearms rights may be possible for person who has been adjudicated as a mental defective or who has been committed to a mental institution under recent legislation. See Restoration of Firearm Rights After Judicial Commitment blog for details.

Tags:
Continue reading
4864 Hits