Arsenal Attorneys' Matthew Bergstrom will teach a seminar for lawyers on August 20 entitled "Firearms in Estate Administration: Legal Issues, Executor Liability, Transferring Title I and II Guns, Penalties--Understanding Gun Legal Designations, In-State and Out-of-State Transfers, Use of Gun Trusts." Mr. Bergstrom will be joined by attorneys Michael W. Zarlenga and Sam Hosey to deliver the program. This continuing legal education program is sponsored by Strafford Publications, and attendees may earn CLE credit as may be required by their state bar.
This CLE webinar will guide estate planners and administrators on managing the legal challenges of firearms in estate and trust administration. The panel will discuss federal gun laws and firearm designations, issues for beneficiaries inheriting guns, in-state and out-of-state transfers, and legal ownership. The panel will also review the use of trusts and other entities to transfer guns legally, and best practices to avoid mishaps in the administration of estates or trusts holding firearms.
The administration of an estate holding firearms can cause increased expenses, fees, taxes, and potential liability if mishandled. Managing guns within an estate requires an in-depth knowledge of a myriad of federal and state regulations to adhere to in order to avoid excessive fines and criminal liability.
The National Firearms Act (NFA) encompasses strict prohibitions and restrictions on the transfer of certain firearms. Prohibited possession can be actual or constructive, with zero tolerance for inadequate processes in the acquisition. Also, state laws will apply to transfers or sales of firearms within their jurisdictions. If there is an out-of-state transfer or sale of a gun, compliance with federal and state laws becomes more complicated.
Estate planners and executors must be mindful of the possibility that some beneficiaries may be ineligible to receive firearms and consider alternative methods to align with a client's intent, such as naming alternate recipients or by creating a gun trust. Trusts can legally hold the firearms and allows a trustee to lawfully possess the firearms and minimize administration issues regarding the transfer or sale of firearms during probate.
The panel will discuss the classification, ownership, and transfer rules applicable to firearms, and the creation and use of guns trusts and other planning methods to ensure the proper administration of an estate holding firearms.
Firearm classification, ownership, and transfer rules
- Federal and state gun laws
- Title I vs. Title II firearms
- In-state and out-of-state transfers
Handling the estate administration of firearms
- Key considerations for gifts and bequests
- Legal ownership
- Potential penalties and liability
- Key provisions
- Liability issues
- Sale or transfer of estate-held firearms
Best practices for estate planners and administrators
The panel will review these and other key issues:
- The impact of federal and state gun laws on estate administration
- Valuation issues for firearms and processes to overcome them
- Transferring or selling Title I vs. Title II firearms
- In-state vs. out-of-state transfer processes and considerations
- Handling the estate administration of firearms outside of a trust
- Creating gun trusts and critical provisions
For more information, contact Arsenal Attorneys or Strafford Publications.
This blog is for educational purposes only and is not intended as legal advice or to create an attorney-client relationship. Arsenal Attorneys currently serve clients in the following states (subject to change): Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oklahoma, Oregon,Pennsylvania, Tennessee,Texas, Utah, Vermont, Virginia, Washington, and West Virginia.
This is a special message for our clients in Virginia and for anyone concerned with gun control and gun trusts. All gun owners, particularly owners of NFA firearms, should contemplate the issues raised in action item #4 below.
RICHMOND, VIRGINIA -- Among several other threats to the right to keep and bear arms, Delegate Mark Levine’s House Bill 961 (HB 961) is on the agenda for the House Public Safety Committee Hearing on Friday, February 7th.
If passed out of committee, the House of Delegates will have until Tuesday, February 11th to pass this legislation, after which it would proceed to the Senate.
In addition to proposing a wide-reaching 'assault weapon' ban, including a firearms registry and a magazine ban, HB 961 proposes to ban the sale and possession of suppressors in Virginia.
Here's how you can join the fight against these infringements:
FIRST, if possible, attend the committee meeting on Friday, February 7th at 8:00 AM in House Room 1 of the General Assembly Building.
SECOND, call the committee members to express your opposition:
Committee Chairman Patrick Hope, (804) 698-1047
Vice Chairman Jeffrey Bourne, (804) 698-1071
Del. Jennifer Carroll Foy, (804) 698-1002
Del. Sam Rasoul, (804) 698-1011
Del. Joshua Cole, (804) 698-1028
Del. Kenneth Plum, (804) 698-1036
Del. Kaye Kory, (804) 698-1038
Del. Daniel Helmer, (804) 698-1040
Del. Mark Levine, (804) 698-1045
Del. Alfonso Lopez, (804) 698-1049
Del. Clinton Jenkins, (804) 698-1076
Del. Shelly Simonds, (804) 698-1094
Del. Marcia Price, (804) 698-1095
THIRD, send an automatically generated email message to these legislators in opposition to HB 961 by using this simple online tool.
FOURTH, be proactive and consider your options if gun bans come into effect. If this legislation is passed by both the House and the Senate, and then signed by the governor in its current form, it would come into effect January 1, 2021, before which time a suppressor would need to be destroyed, relocated out of state, or surrendered to law enforcement. We're providing clients private consultations to address the following:
Arsenal Attorneys™ is actively supporting our allies in the Second Amendment movement and the firearms industry who are leading the fight against gun control in Virginia. We encourage you to join us in supporting the efforts of the Virginia Citizens' Defense League, the NRA, and the American Suppressor Association.
Arsenal Attorneys™ serve clients in the area of firearms law. The firm serves clients across America from its headquarters in the metro-Washington, DC area. The firm is particularly renowned for its Arsenal Gun Trust, a solution helping clients in the registering, handling, and estate planning of firearms, particularly those regulated under the National Firearms Act. Arsenal Attorneys' team includes lawyers licensed to practice law in nearly every state where NFA firearms are lawful to possess.
Arsenal Attorneys™ help clients with address these issues on a daily basis, and we've taught this area of law and regulations to lawyers across America. We recommend using a trust as the applicant on a Form 4 because our client, acting as trustee of his own trust, may authorize other eligible people to possess the trust’s NFA firearms. Additionally, the trust could provide an estate plan allowing successor and beneficiaries to keep those NFA firearms without the need for a public probate court process.
Are you interested in owning a silencer? Read the Arsenal Gun Trust™ Tutorial and FAQs to learn how to properly register, handle, and inherit NFA firearms, including short barrel rifles and machine guns.
We currently serve clients in the following states (subject to change): Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oklahoma, Oregon,Pennsylvania, Tennessee,Texas, Utah, Vermont, Virginia, Washington, and West Virginia.
This information is provided for informational purposes only, and it is not legal advice, nor does it establish an attorney-client relationship.
By George L. Lyon, Jr, Esq.
Although, the Second Amendment guarantees the right of the people to keep and bear arms, that right is not absolute. A person can lose his or her firearm rights in a number of ways. These include conviction of a felony, an involuntary commitment to a mental hospital, conviction for a domestic violence offense, or being subject to a domestic abuse restraining order. There are a number of other prohibited categories not pertinent to this discussion.
If you have been convicted of a felony by a Virginia state court or subject to an involuntary commitment to a mental health facility in Virginia, there are procedures whereby we can help you obtain your firearms rights back. We need to emphasize, however, that if you have been convicted of a felony in federal court, these procedures will not work for restoring your firearm rights. At this time only a presidential pardon can do that. Additionally, these procedures will not work for a domestic abuse conviction.
If your conviction resulted from a plea agreement, in which you pled guilty to a lesser offence in exchange for a lighter sentence, you might not have realized that you lost your Second Amendment rights as part of your plea deal. If your facing criminal charges, it’s important to be represented by competent legal counsel who is also sensitive to your wish to preserve your rights.
Restoring Rights from a Virginia State Felony Conviction
In Virginia, anyone convicted of a felony will lose his or her firearm rights. However, Virginia law allows restoration of firearm rights following a felony conviction. It is a two-step procedure. The first step, following service of the sentence and any period of probation, is to seek restoration of civil rights from the Governor. This can be accomplished via the Virginia Secretary of the Commonwealth’s web site. The applicant will be sent an executive order from the Governor restoring his or her civil rights, except for the right to possess and ship firearms. The applicant will then need to petition the Circuit Court in the county or city where he or she lives to restore his firearms rights. Arsenal Attorneys™ can assist you with this process.
We will ask to obtain records relating to your conviction and other documents supporting your rehabilitation to include in the petition, including your employment history, community involvement, and letters of recommendation from persons in the community. We then submit the petition to the court and to the local Commonwealth’s Attorneys office. Often the Commonwealth’s Attorney will agree to the proposed order to restore gun rights. If not, the Court will schedule a hearing to decide whether to grant the petition.
Restoring Rights from an Involuntary Mental Health Commitment
The procedure for restoration of rights from a mental health commitment is slightly different. A petition is filed with the District Court where the petitioner resides rather than the Circuit Court, and it is served on the Commonwealth’s Attorney. The Court will schedule a hearing on the petition.
The petition for restoration from a mental health commitment contains similar information as a petition for restoration from a felony conviction. But rather than providing information concerning a conviction, the petition includes information concerning the original commitment, including, if possible, notes from the treating facility. We also strongly suggest including a current evaluation from a mental health profession, such as a psychologist or psychiatrist. We have doctors who are knowledgeable of gun issues to whom we refer our clients. We also recommend including other documents such as employment history, driving record, and letters of recommendation.
If you have been previously convicted of a felony in a Virginia court or involuntarily committed in Virginia and would like to explore restoration of your firearm rights, we offer a complimentary consultation to explore whether you are a good candidate to apply for restoration of your firearms rights. Please contact Arsenal Attorneys to learn how we can help you restore your rights.
Arsenal Attorneys’ George Lyon is licensed to practice law in Virginia and the District of Columbia. He was one of the plaintiffs in the Palmer v. District of Columbia case that forced DC to begin issuing concealed carry licenses and in the Heller case that legalized handguns in Washington, DC. Mr. Lyon is licensed by the Metropolitan Police Department to teach the DC concealed carry course including the renewal course and conducts the course monthly. His next class is November 16 in Arlington, Virginia. To sign up for his course, contact Mr. Lyon at gll[at]arsenalattorneys.com or at 703-291-3312.
This blog is for educational purposes only and is not intended as legal advice or to create an attorney-client relationship.
This is the latest in a series of blogs summarizing state laws concerning firearms regulated under the National Firearms Act (“NFA”). It is not intended to be a comprehensive explanation of the law, nor is it intended as legal advice. You should always consult an attorney to determine how the law applies to particular circumstances. In this installment, we review Virginia law on silencers. Follow us to learn how various states regulate silencers and other NFA firearms, such as short barrel rifles and machine guns.
Silencers are legal in Virginia, and they may be used for hunting.
It is unlawful to carry publicly a loaded semi-automatic center-fire rifle or pistol designed to accommodate a silencer in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William; however, this restriction does not apply to a person with a concealed handgun permit or engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. See Virginia Code Section 18.2-287.4.
Arsenal Attorneys serve clients in the area of firearms law. The firm serves clients across America from its headquarters in the metro-Washington, DC area. The firm is particularly renowned for its Arsenal Gun Trust, a solution helping clients in the registering, handling, and estate planning of firearms, particularly those regulated under the National Firearms Act. Arsenal Attorneys' team includes lawyers licensed to practice law in nearly every state where NFA firearms are lawful to possess.
This information is provided for informational purposes only, and it is not legal advice, nor does it establish an attorney-client relationship.
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4000 Legato Rd, Suite 1100
Fairfax, VA 22033
We serve clients in most states across America.