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In Our Judgement: In Law & In Life

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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.

What Do You Do With Grandpa’s Machine Gun?

Duties of the personal representative or executor of an estate (I’ll use ‘executor’ for both) include gathering, protecting and distributing assets that belonged to the deceased.  In this part of the country, firearms are frequently part of the estate.  After the firearms are safely unloaded and securely stored, it’s time to decide what you have.

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Big Change In the Law Affecting Guns in Employer Parking Lots

In 2013, Tennessee enacted the so-called “guns in trunks law”, Tenn. Code §39-17-1313.  This provided a defense to a criminal prosecution for a handgun carry permit holder, if parked on property where the owner prohibited firearm possession.  However, the statute did not specifically prohibit an employer from firing an employee for violating a “no guns” policy of the business.  This changes when a new law takes effect July 1, 2015.

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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Note: Much of this article will be superseded by Tenn.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.

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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.

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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:

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