The NRA is offering a special book by Les Adams, author of The Second Amendment Primer, which deals with the Heller decision.
You can order a signed copy of the District of Columbia v. Heller: An Anatomy of the Supreme Court’s Landmark Second Amendment Decision from the NRA’s Affiliate Palladium Press. You can also call them at 1-888-397-3377.
NSSF has launched a new blog aimed at hunting down and correcting inaccuracies about firearms, the firearms industry and the shooting sports. The blog, titled “Aiming for Accuracy,” is updated regularly with news, links and other helpful resources for members of the media and others
Leonard Elliot’s store was raided by the ATF almost 3 years ago. After a 3 day trial he and his father were found not guilty on all counts.
JPFO has an audio interview with Leonard Elliott about his ordeal. To listen to this interview click the following link leonard-elliott.mp3 target=new
This week an 8 year old child shot and killed himself at a gun show in Massachusetts. For a good analysis of the potential negligence claims involving a child using a Machine Gun look at David Wolf’s Florida Child Injury Lawyer Blog. This unfortunate incident goes to show the dangers of letting children possess or use a Machine Gun. The NFA prohibits the transfer of weapons to children without an approval, except transfer of an item to a gun store employee or other licensed reseller. Section 5845 (j) of the NFA defines transfer:
The term. ‘transfer’ and the various derivatives of such word, shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of.
It appears that even though the gun show organizer may have been able to allow the child to shoot the Uzi under state law with the permission of the parent, the gun dealer was in violation of the NFA for transferring or loaning the weapon to the child.
In addition it is illegal under Chapter 5861 for any person to receive or possess a firearm transferred to him.
Working with many elderly clients in my Florida Elder Law and Florida Estate Planning Law firm, I like to report on items that tend to make life easier and have yet to see another product like this. As people age, they often develop medical issues that would prevent them form being able to use a normal firearm to protect themselves, their family, of their possessions. The Palm Pistol seems to have solved many of those problems by creating a single shot pistol with a combination lock and a thumb trigger.
The thumb is often much stronger than ones forefinger and in the case of an individual that has lost a finger, the Palm Pistol offers the ability to use ones thumb instead of a finger.
The initial price of the pistol is $275 for those who pre-order and will be $300 after shipping. For those who need protection this seems like a reasonably priced solution. They have posted a letter form the ATF that classifies this as a standard pistol.
While the public perceives NFA weapons as dangerous Guncite.com reports that there have only been two murders since 1934 involving legally registered Machine Guns and one of those was by a police officer.
Generally when creating a NFA trust, one must look to the laws of their state and how they affect the right to own a class III firearm.
What happens if you live in New York or any state where some Class III firearms are banned but plan to use and keep them in another state where they are legal? Can you a resident of a state where the item is banned purchase, store, and use the items in a state where its legal.
According to the ATF, an individual can purchase an item restricted by the NFA that is not permitted in the state of residence of the trustee, when the trust will be located, and item will be only used and maintained in states where it is legal.
To download a copy of the new Florida Law – Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of (2008)
Guns-at-work-law-florida.pdf
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.
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.
NFA Gun Trust Lawyer Blog