NFA Gun Trust Lawyer Blog

June 30, 2008

Pennsylvania’s UFA: Persons not to Possess, Use, Manufacture, Control, Sell, or Transfer Firearms

Pennsylvania’s UFA: Persons not to Possess, Use, Manufacture, Control, Sell, or Transfer Firearms

18 PA.C.S. § 6105 deals with persons who cannot possess, use, manufacture, control, sell, or transfer firearms. It must be noted that this section applies to convictions that were both committed within and outside of the Commonwealth of Pennsylvania. (18 PA.C.S. § 6105). These prohibitions are broken down into two categories: 1. those persons who violate one of the enumerated offenses; and 2. those persons who fall into nine subcategories of non-enumerated offenses. There is also an exemption clause which allows one who has been convicted of one of the enumerated offenses or certain non-enumerated offenses to petition the court of common pleas for relief. Moreover, any person who becomes a prohibited person has “a reasonable period of time, not to exceed 60 days from the date” of conviction. (18 PA.C.S. § 6105).

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June 26, 2008

Obama, Reacts to Heller Decision – Less than enthusiastic support

by David M. Goldman

Here is Obama’s Statement:

“I have always believed that the Second Amendment protects the right of individuals to bear arms, but I also identify with the need for crime-ravaged communities to save their children from the violence that plagues our streets through common-sense, effective safety measures.

The Supreme Court has now endorsed that view, and while it ruled that the D.C. gun ban went too far, Justice Scalia himself acknowledged that this right is not absolute and subject to reasonable regulations enacted by local communities to keep their streets safe. Today’s ruling, the first clear statement on this issue in 127 years, will provide much-needed guidance to local jurisdictions across the country.

As President, I will uphold the constitutional rights of law-abiding gun-owners, hunters, and sportsmen. I know that what works in Chicago may not work in Cheyenne. We can work together to enact common-sense laws, like closing the gun show loophole and improving our background check system, so that guns do not fall into the hands of terrorists or criminals. Today’s decision reinforces that if we act responsibly, we can both protect the constitutional right to bear arms and keep our communities and our children safe.”

June 26, 2008

McCain, Reacts to Heller Decision

by David M. Goldman

Today the Supreme Court Ruled on the Second Amendment Right to Bear and Keep arms. John McCain issued the following statement:

“Today’s decision is a landmark victory for Second Amendment freedom in the United States. For this first time in the history of our Republic,

the U.S. Supreme Court affirmed that the Second Amendment right to keep and bear arms was and is an individual right as intended by our Founding Fathers. I applaud this decision as well as the overturning of the District of Columbia’s ban on handguns and limitations on the ability to use firearms for self-defense.

June 26, 2008

More thoughts on Heller Decision

by David M. Goldman

Dave Markowitz has posted Thoughts on the Heller Decision on his Blog O’Stuff, a Blog about Computing, Shooting, RKBA, and whatever else he feels like ranting about.

He states that the court held that the Second Amendment protects an individual right for lawful purposes including self defense.

2) Some restrictions of the RKBA are ok, licensing is not forbidden, but it must not be arbitrary or capricious

June 26, 2008

Supreme Court: 2nd Amendment – Right of Individual to Keep and Bear Arms

by David M. Goldman

Today the Supreme Court issued a historic ruling overturning Washington, D.C.’s ban on handguns and on self-defense in the home, in the case of District of Columbia v. Heller.

It vindicates individual Americans all over this country who have always known that this is their freedom worth protecting,” declared NRA Executive Vice President Wayne LaPierre. “Our founding fathers wrote and intended the Second Amendment to be an individual right. The Supreme Court has now acknowledged it. The Second Amendment as an individual right now becomes a real permanent part of American Constitutional law.”

More commentary to come but for now you can download and read the case
Supreme-Court-2nd-amendment.pdf

June 9, 2008

How to set up a revocable living trust to purchase National Firearms Act (NFA) or Class 3 weapons

by David M. Goldman

Do you want to purchase a Class 3 item? These include Silencers, Sort barreled rifles, and Machine Guns. You need to check and see if you are allowed to own the weapon you desire.

1) Check your state to see if that weapon is permitted.
2) Check to see if your local CLEO (Chief Law Enforcement Officer) will sign a Form 4.
3) Determine who needs to be able to have the items in their possession.
4) Are you married? If so does you spouse or anyone else know the combination to your gun safe?
4) Determine who is a backup person in case the people in (3 & 4) are not able to be in possession, choose not to be in possession, or die.
5) Determine who you want to have the items once you die.
6) Are these people under 18? At what age do you want them to be able to use or take possession of the firearms? Does the person in (5) have the ability to determine if it would be a good idea for your beneficiaries to take possession? (both from a legal, maturity, and responsibility perspective)

Have this information as well as the addresses, counties, age (if under 21) and relationship when you contact a lawyer. If you need help finding a lawyer familiar with Gun Trusts in your state, you can Contact us and we will put you in touch with someone licensed in your state.

General information on what items can be purchased in your state can be found under your state’s link on this website or from a local gun dealer who sells the items.
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June 9, 2008

Constructive Possession of Class 3 Firearms

by David M. Goldman

Constructive possession is a legal fiction to describe a situation where an individual has actual control over property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession.

When an individual purchases a class 3 firearm, they are the only one who is able to be in possession of the item. They have a duty to safeguard the use and possession of the restricted firearm from all others.

This includes their friends, spouse, children, or anyone else. Generally the individual accomplishes this by placing the restricted class 3 firearms in a gun safe.

June 8, 2008

States Without Constitutional Rights to Bear Arms

by David M. Goldman

STATES WITHOUT CONSTITUTIONAL PROVISIONS:

Only a few states do not have a constitutional provision dealing withe the right to bear arms: California, Iowa, Maryland,

Minnesota, New Jersey, and New York.

June 8, 2008

40 States have Constitutional Right to Bear Arms

by David M. Goldman

Alabama: “That every citizen has a right to bear arms in defense of himself and the state.” Ala. Const. art. I, § 26.

Alaska: “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” Alaska Const. art. I, § 19.

Arizona: “The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.”

June 8, 2008

Pennsylvania: Right to Bear Arms

by David M. Goldman

Pennsylvania: Right to Bear Arms
The citizens of Pennsylvania have a constitutional right to bear arms. It is found in Article I; Section 21: Right to Bear Arms and states:

“The Right of the citizens to bear arms in defense of themselves and the State shall not be questioned”