Neil Hendershot of the Pennsylvania Elder, Estate & Fiduciary Law Blog and Josh Prince wrote a three part series on the Right to keep and bear arms after the Supreme Court decision in Heller.
A client of mine recently brought to my attention the fact that there is an exception in Florida Statute 706.06 for Machine Guns as defined in Florida Statute 790.01(9).
790.06(1) states that:
For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).
So next time your traveling with a machine gun in Florida, make sure its not concealed.
ATF Acting Director ATF Michael J. Sullivan released the following statement on the recent Supreme Court decision in District of Columbia et. al. v. Heller: “ATF is pleased with the Supreme Court’s ruling recognizing that the Second Amendment protects an individual right to possess firearms, including for private purposes unrelated to militia operations. The court’s ruling is in accordance with the text of the Second Amendment, historical practice, and the Attorney General’s 2001 guidance on the scope of the Second Amendment, and is consistent with the bureau’s understanding of the scope of the Second Amendment. The Bureau also is pleased that the court appropriately made clear that nothing in [the] ruling casts doubt on the constitutionality of ‘longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.’ In addition, the court appropriately recognized that the ‘carrying of dangerous and unusual weapons,’ such as machine guns, is not protected by the amendment. The bureau is studying the decision, but expects that it will not affect its continued enforcement of all existing federal firearms laws.”
Panama City News has reported that A spokeswoman for Attorney General Bill McCollum has said that individuals can file complaints with the Attorney General’s office if their right to have a firearm, locked in their privately owned vehicle in a parking lot, for self-protection and other lawful purposes is being violated by a business.
To file a complaint, contact the Florida Attorney General’s office by:
phone at 866-966-7226;
Online Contact page of the Attorney General; or
email at ag.mccollum@myfloridalegal.com.
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.
Firing Automatic Weapons From A Segway
Saw an article on the China Daily News site that armed police are using Segways in their anti-terrorist activities as they prepare for the Beijing Olympics.
I have seen police use Segways’s but not like this before.
What should I do if I am in possession of an Akins Accelerator?
You should immediately remove the spring from the Akins Accelerator. This spring should be mailed (with the certification described below) to the Chief, Firearms Technology Branch, 244 Needy Road, Martinsburg, WV 25405. You should be sure to include your name and address with the spring so that ATF can account for all the devices which have been sold. The following certification should be completed, signed, and returned with the spring.
Missouri House Bill 2034 SECTION 571.020
This act allows licensed importers, manufacturers, dealers, or collectors to possess, manufacture, transport, repair, or sell a firearm silencer as a curio, ornament, or keepsake.
Currently, it is not a crime for a person to possess, manufacture,
18 PA.C.S. § 6103 deals with crimes committed with firearms. Specifically, “If any person commits or attempts to commit a crime enumerated in section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) when armed with a firearm contrary to the provisions of this sub-chapter, that person may, in addition to the punishment provided for the crime, also be punished as provided by this sub-chapter.” (18 PA.C.S. § 6103).
I got a question from someone to day about what to do if their Class 3 registration papers are lost. I found the answer on the ATF website under the NFA Handbook in Chapter 3.
Section 3.5 Lost or stolen registration documents. A person possessing a firearm registered as required by the NFA must retain proof of registration, that is, the registration form showing registration of the firearm to the person, which must be made available to ATF upon request.53 If a registrant discovers that a Form 1, 2, 3, 4, 5, 6A, or 10 is stolen, lost or destroyed, the registrant must immediately report the theft, loss, or destruction in writing to the NFA Branch.54 The report must contain the details of the situation. ATF will issue a duplicate copy of the registration document as the circumstances warrant.
If you need to contact a local ATF field office follow this link for the AFT field division contact information.
