Gun Law 101

This course was recorded live on September 15th, 2016

Gun laws in the United States are promulgated through the Second Amendment of the United States Constitution establishing the right to keep and bear arms and various federal and state statutes, many of which are confusing or conflict with respect to possession and transfer of firearms. Federal gun laws are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Most states and some local jurisdictions have additionally imposed their own firearms restrictions. Unwary executors of estates, trustees of trusts and their advisors can easily run afoul of the myriad of rules and regulations and commit unintentional felonies if a firearm is transferred improperly or to an improper transferee. There are substantial fines and jail time associated with these felonies. This topic is designed to give anyone involved in estate planning a brief overview of federal firearm laws and potential penalties related to improper transfers and possession of firearms. The topic will also provide the advisor with an understanding of how a properly designed gun trust can help their clients avoid inadvertently violating these laws and how the advisor can benefit from understanding these complex laws.



  • Dennis BrislawnDennis Brislawn
    Dennis Brislawn is a principal attorney shareholder in Oseran Hahn, P.S., a multi-attorney firm located in Bellevue, Washington. He is a nationally-recognized speaker, author, and legal systems architect as a principal member of the WealthCounsel Companies. He is the recipient of the Martindale Hubbell AV Preeminent Review Rating, is rated “superb” on AVVO. He has been recognized in print and as a radio talk show host. Dennis goal is to help individuals and families to protect those they love and all they own. Admitted to practice in Washington, Oregon, and Alaska, before the Federal Bar and the IRS, he advocates for individuals, families, and small businesses. Client representations include estate & gift tax planning, estate & gift tax audits, asset protection, business planning and succession, advanced estate and charitable planning. He particularly enjoys co-counseling cases with colleagues from all over the United States and sometimes internationally.

    Contact Dennis

      • 2 General Credits
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    1. A Perspective on Gun Law in the U.S.
      1. Time Line
      2. The Gun Control Act of 1968
      3. The National Firearms Act
      4. The Bureau of Alcohol, Tobacco, Firearms and Explosives
    2. Possession and Transfer of NFA and GCA Firearms
      1. Definitions
      2. Prohibited Persons
      3. Penalties for Improper Possession and Transfer
      4. Update on ATF Rule 41F
      5. Example State Law
    3. Gun Trusts
      1. Basic Trust Concepts
      2. Reason Gun Trusts Are in Demand
      3. What Makes a Trust a Gun Trust?
      4. Alternative Entities
      5. Transfer Analysis

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