2nd Annual Firearms Law in Virginia 2021 (USB Seminar)

MCLE Credits: 6.5
Ethics Credits Included: 1.0

MCLE Credit: 6.5 (Ethics: 1.0)
Live-Interactive Credit: 0.0
Designation Credit: 6.5 Trial Practice/Litigation, 1.0 Ethics
(Designations Information)
VIDC Re-Certification Credit: 6.5 (VIDC Information)
Price: $339 - USB with electronic materials
Available Through: 08/31/2024

Information

A pre-recorded VIDEO replay from the October 2021 webcast seminar, 2nd Annual Firearms Law in Virginia.


Topics covered include:

  • Virginia Supreme Court Justice Stephen McCullough reviews how Virginia courts have construed the Constitutional right to bear arms, and to what extent U.S. Supreme Court decisions might be persuasive on the scope of the right and the standard of review
  • An overview from Fairfax County Circuit Court Judge Richard Gardiner of new and existing Virginia firearms laws
  • Examination of unique challenges for the practitioner in planning and drafting gun trusts
  • The most common aspects of federal firearms law, including the Gun Control Act and National Firearms Act, for the practitioner
  • Rules for use of deadly force in self-defense differ depending on place and circumstance
  • In the Ethics session, discover how “Second Amendment sanctuaries” raise issues concerning the discretion of Commonwealth’s attorneys to decline to prosecute selected cases, and how counsel may advise public officials regarding whether to enforce laws deemed unconstitutional

While the U.S. Supreme Court has finally recognized that the Second Amendment means what it says—“the right of the people to keep and bear arms, shall not be infringed”—literally thousands of federal, state, and local firearm restrictions are on the books. Explore the ramifications of these “sacred” rights, at both the federal and state levels. Featuring an outstanding faculty, this seminar is intended to equip the practitioner with the ammunition needed to represent clients facing gun charges with creativity and competence.

 

Schedule

COURSE TOPICS

Virginia’s Constitutional Right to Bear Arms
Justice Steve R. McCullough, Virginia Supreme Court

The Virginia Bill of Rights, Art. 13, provides that “the right of the people to keep and bear arms shall not be infringed….” How has this been construed by the Virginia courts, and to what extent might the decisions of the U.S. Supreme Court be persuasive on the scope of the right and the standard of review?
Overview of Virginia Firearms Laws (New and Existing)
Judge Richard E. Gardiner, Fairfax County Circuit Court

Virginia has long regulated concealed weapons, provided for permits to carry handguns, banned firearms at schools, and restricted possession by felons; more recently, background checks have been expanded and handgun purchases are limited to one per month. The legal environment and practice pointers for prosecutors and defense attorneys will be discussed.
Gun Trusts
Matthew J. Bergstrom, Arsenal Attorneys

Planning and drafting gun trusts pose unique challenges for the practitioner. Gun trusts, while sometimes confused with conventional living trusts, must be specifically and carefully drafted to avoid causing inadvertent and accidental felonious behavior by grantors, trustees, and beneficiaries of such trusts. An overview of the law, practical tips, and ethical issues involving gun trusts will be covered.
Federal Firearms Laws
James P. Vann, Associate Chief Counsel, ATF

The federal Gun Control Act and the National Firearms Act amount to a complex array of regulation. Discussion will be led by an experienced counsel with the Bureau of Alcohol, Tobacco, Firearms and Explosives. This session will cover the most common aspects of federal firearms law for the practitioner, including:

• Gun Control Act and National Firearms Act
• Persons prohibited from possessing firearms, and how firearms rights can be restored
• Federal regulations of interstate commerce in firearms, including regulation of sales and transfers, and firearm dealer licensing
• Federal regulation of carrying and transportation of firearms
Use of Deadly Force in Self-Defense
Peter D. Greenspun, Greenspun Shapiro PC

Deadly force may be used in justifiable self-defense, but the rules differ depending on place and circumstance. One of Virginia’s preeminent criminal defense attorneys will survey the rules and give practical tips.
Ethics: The Lawyer as Advocate
Stephen P. Halbrook, Attorney and Author of Firearms Law Deskbook

Professional Responsibility Rule 3, Advocate, requires that claims be meritorious, but allows good faith arguments for reversal of existing law and to test the validity of a ruling. “Second Amendment sanctuaries” raise issues concerning the discretion of Commonwealth’s attorneys to decline to prosecute selected cases, and how counsel may advise public officials regarding whether to enforce laws deemed unconstitutional.

Faculty

COURSE PLANNER

Stephen P. Halbrook, Ph.D., Attorney at Law / Fairfax

FACULTY

Hon. Stephen R. McCullough, Supreme Court of Virginia / Richmond
Hon. Richard E. Gardiner, Fairfax Circuit Court / Fairfax
Matthew Bergstrom, Arsenal Attorneys / Fairfax
Peter D. Greenspun, Greenspun Shapiro PC / Fairfax
Stephen P. Halbrook, Ph.D., Attorney at Law / Fairfax
James P. Vann, Department of Justice, Firearms and Explosives Law Division / Washington, DC

Locations, Dates and Fees

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