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