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Potential Legal Traps for Executors Distributing Firearms from an Estate

Potential Legal Traps for Executors Distributing Firearms from an Estate

by James E. Wagner | Jan 12, 2017 | ESTATE PLANNING: BUSINESS, FAMILY AND PERSONAL, FIREARMS LAW, TRUSTS AND ESTATE PLANNING, WILLS

In Tennessee, like most states, estates frequently include the decedent’s firearms. There are legal concerns for the executor1 concerning distributing the firearms to beneficiaries or heirs of an estate. These can involve a beneficiary who is disqualified from...
Recent Changes in National Firearms Act Regulations

Recent Changes in National Firearms Act Regulations

by James E. Wagner | Sep 29, 2016 | FIREARMS LAW, FIREARMS LAW: LOCKED, LOADED AND LAWYERED

The federal National Firearms Act (NFA) regulates such items as machine guns, short-barrel rifles and shotguns and suppressors. New regulations, effective July 13, 2016 affect so-called gun trusts and possession of items by the executor of the estate of the owner. For...
Supreme Court Rules Second Amendment Protects Stun Guns

Supreme Court Rules Second Amendment Protects Stun Guns

by James E. Wagner | Mar 28, 2016 | FIREARMS LAW, FIREARMS LAW: LOCKED, LOADED AND LAWYERED

The U.S. Supreme Court has issued an opinion applying the Second Amendment right to keep and bear arms to stun guns. The case is Caetano v. Massachusetts. It involved a woman who was carrying a stun gun as protection against a former boyfriend. On one occasion, she...
Firearm Transfers Between Residents of Different States

Firearm Transfers Between Residents of Different States

by James E. Wagner | Dec 23, 2015 | FIREARMS LAW, FIREARMS LAW: LOCKED, LOADED AND LAWYERED

It comes as a surprise to many that federal law strictly regulates transfers of firearms between residents of different states. This is not something new. It is part of the Gun Control Act of 1968, 18 U.S. Code §922. In particular, under 18 U.S. Code §922(a)(3), it is...
Recent Changes in National Firearms Act Regulations

Guns in Parks

by James E. Wagner | Oct 12, 2015 | FIREARMS LAW, FIREARMS LAW: LOCKED, LOADED AND LAWYERED

Possession of weapons in parks is governed by Tenn. Code 39-17-1311. Generally, it is an offense for a person to carry certain weapons in or on the grounds of any public park owned by the state, counties, cities or towns. There are exceptions for law enforcement...
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