Indiana is a very progressive state in firearms’ laws in many ways, including its “lifetime” license to carry a handgun. Once such is issued, it may be suspended or revoked for certain criminal activity. This blog addresses important reasons to appeal the denial of an application for a License to Carry a Handgun once made and denied by the Indiana State Police, who are diligent and careful in approval of the application.
First, firearms law is very complex, and some of the questions on the Application are required to comport with ... Read More
07
Dec2016
26
Apr2016
As of July 13, 2016, NFA trusts will dramatically change. Those with NFA trusts or those that set them up after this time, will have very different requirements for acquisition of NFA items. This blog post covers three key changes.
The first is that every member of the trust with control will have to complete a new form 5320.23 for each responsible person. The form essentially asks about the information contained on a 4473 form completed when someone purchases a firearm to determine if he or ... Read More
01
Mar2016
Carrying firearms, particularly a handgun, is an ordinary part of life for most members of the law enforcement community as well as a growing number of ordinary citizens from all walks of life. In fact, it becomes so common place and natural—like wearing shoes--that a number of people “forget” and carry these through airport security screening every day.
When this occurs, typically three legal matters occur that an attorney may be able to assist with. First, and most importantly, this probable cause for the crime of ... Read More
19
Jan2016
Any legal area that has strong political and social positions, generally corresponds with substantial law-making. Gun purchase, possession and use is one such topic that is politically charged with “positions.” While most of the laws are on-line, there is a great amount of commentary about how the law should be applied and enforced.
In the firearms arms arena, there are four key myths that appear to be a great confusion for a large number of gun owners. This blog addresses these. The first is a lawfully ... Read More
14
Apr2015
Upon passage of the Gun Control Act of 19681, a person who wanted to deal in firearms for the primary purpose of making a living had to obtain a License (or FFL). Over time, the rather simple requirements incumbent upon FFLS became very rigid and strict. In theory, at present, a single violation of the GCA of 1968 can lead to revocation of an FFL and/or imprisonment.
ATFE’s central purpose for holding FFLs to a high standard of compliance with ... Read More
16
Jan2014
The House Extends the 1988 Federal Undetectable Fireamrs Act
When the Austrian Glock 17, Generation 1 (in 9x19), hit the United States in the mid-1980s, some believed the new-fangled (and misunderstood) polymer frame pistols would not set off security alarms and claimed these handguns could pass through airport security metal detectors without detection. That is just science fiction, as the slide and barrel are steel, magazine spring, and cartridges and would be easily detectable.
This ultimately led Congress to quickly pass ... Read More
17
Dec2013
Can I Lawfully Purchase A Firearm From A Dealer I Intend To Give As A Gift?
“Yes”, in most cases, but not if the recipient is a prohibited possessor under Federal law and not prohibited by State or local law.
There is a unified focus by ATF and state and local law enforcement to prosecute straw purchasers. A straw purchase is one where the intended buyer (transferee) from the Federal Firearms Licensee (i.e., gun shop) is not intended to be the actual recipient of the ... Read More
19
Nov2013
What this Means for Spouses, Significant Others and Third Parties in the Household
In most criminal felony cases, a standard term or condition of probation is the probationer not possess firearms. An area of great misunderstanding is where a probationer lives in a household with his or her spouse, significant other or third party and they have firearms. Probation, in lieu of incarceration, is ... Read More
13
Aug2013
Gun owner’s across America should be worried about the outcome of Detroit, Michigan’s bankruptcy filing. You might be asking, “What does the rise and fall of a major US industrial city have to do with the right to keep and bear arms in individual states?” In particular, in states where there is an independent constitutional provision ensuing the right to keep and bear ... Read More
30
Apr2013
In the wake of the Sandy Hook Elementary school shooting in Connecticut, there has been a call from the general public, legislatures, and the President for stricter gun laws. Initially the debate centered around an assault weapons ban, similar to the ban of 1994, which lapsed in 2004.1
This week has brought news headlines about the new proposed stricter gun laws on Capitol Hill. The issue of background checks, whether it is when a background check is required, or how ... Read More