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1 Apr, 2007 10:42 pm
... the individual rights model. The Court pointed out as well that the question has yielded mixed answers from the various state courts that have addressed the question, and that the United States Department of Justice recently released ... upon the person, or in an automobile. What the Court was ruling, though, was that a wholesale ban on all personal possession of firearms was inconsistent with the Second Amendment. It is worth noting that one of the judges in the panel of three judges that decided ...
Southern California Defense Blog - http://www.southerncaliforniadefenseblog.com/
23 Aug, 2007 3:49 pm
... elections, the Liberal Party of Canada proposed a sweeping national ban on handguns (...) To understand the debate, here are various resources [list of resources from Canada, the UK, United States, Australia, international]" Reverse Onus in Gun- ... Sentences for Gun Crimes (March 10, 2007): "The document includes sections on: History of Minimum Sentences for Firearm Offences; Constitutionality of Mandatory Minimum Sentences; Effect of Mandatory Minimum Sentences on Gun Crime ...; Description and ...
Library Boy - http://micheladrien.blogspot.com/index.html
28 Aug, 2008 2:00 pm by Wallin & Klarich
... on the U.S. Supreme Court's ruling in D.C. v. Heller and how that ruling might negatively impact on various gun regulations. In this installment, we discuss how this ruling might impact on the Lautenberg Act. (18 U.S.C. § 922(g ... (military, police, etc.) This means, for instance, that a person in the military, who has been convicted of a felony, can legally possess a firearm in the course of his or her duties in the military. This is known as the "government exception." (See 18 U.S.C. § 925(a)(1); ...
Southern California Defense Blog - http://www.southerncaliforniadefenseblog.com/
11 Dec, 2008 2:58 pm by David M. Goldman
There seems to much confusion between various terms dealing with the National Firearms Act. There are Title 1 weapons and Title II weapons. Title II weapons ... those covered by the NFA and which transfer ownership and possession must be approved the the ATF (Alcohol Tobacco Firearms) or more accurately the BATFE (Bureau of Alcohol Tobacco ... or Class 3 weapons. There is no such thing as a class 3 firearm or weapon. There is a class 3 term but it deals with an occupational tax that is paid in relation ...
NFA Gun Trust Lawyer Blog - http://www.guntrustlawyer.com/
28 Oct, 2008 12:16 pm by David M. Goldman
... 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 ... 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. Not only was it a violation of the NFA to allow the child to be in possession, but the child was also in ...
NFA Gun Trust Lawyer Blog - http://www.guntrustlawyer.com/
21 Jan, 2008 12:22 pm
I spoke recently on the topic of Federal Firearms Offenses to a group of lawyers in Birmingham, Alabama. My law partner Carl Lietz and I each periodically speak to attorneys in various parts of the country, usually in the South ... because they brought a gun into the bank. Finally, we discussed how the Second Amendment to the Constitution impacts federal firearms cases. Remember that the Second Amendment to the United States Constitution in some ways prevents the federal government from regulating ...
Federal Criminal Lawyer Blog - http://www.georgiafederalcriminallawyerblog.com/
21 Jan, 2008 12:22 pm
I spoke recently on the topic of Federal Firearms Offenses to a group of lawyers in Birmingham, Alabama. My law partner Carl Lietz and I each periodically speak to attorneys in various parts of the country, usually in the South ... because they brought a gun into the bank. Finally, we discussed how the Second Amendment to the Constitution impacts federal firearms cases. Remember that the Second Amendment to the United States Constitution in some ways prevents the federal government from regulating ...
Federal Criminal Lawyer Blog - http://www.georgiafederalcriminallawyerblog.com/
7 Feb 6:33 am by David M. Goldman
Section 479.11 of the National Firearms Act defines a Transfer as: This term and the various derivatives thereof shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of. There seems to be much confusion over the violations of the National Firearms Act over this term because the typical legal definition of transfer involves a change in the possession and / or legal title of; convey. ...
NFA Gun Trust Lawyer Blog - http://www.guntrustlawyer.com/
5 Feb, 2008 7:16 pm
It is not often that a court precludes the government from using a cache of firearms, including an assault rifle, and 16,000 rounds of ammunition in a drug trafficking case, but in United States v. Mason, 06 CR 80 ( ... for the government's failure to turn over certain evidence seized from a Florida residence, including an incriminating fingerprint analysis and various documents, such as cell phone and bank records. At the eleventh hour, this evidence had assumed profound significance in the case, ...
New York Federal Criminal Practice - http://www.nyfederalcriminalpractice.com/
14 Sep 9:00 am by Doug B.
... new article from Pratheepan Gulasekaram, which seems especially timely in light of the recent presence of gun-toting folks at various health-care town halls last month. Also, as the abstract reveals, the article should also be of interest ... court's suggestion that all felons can be categorically excluded from the Second Amendment: This article examines the relationship between firearms and American citizenship, both as a matter of legal status and as a matter of perceived American identity. To do ...
Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
10 Jan, 2008 12:52 pm by Tracey
IN THE NEWS….Kenneth Cashwell and William Ellsworth "Max" Grumiaux got just three years' probation and $1,000 for various and unclear actions with stolen Blackwater weapons. Both Cashwell and Grumiaux submitted plea bargains and are cooperating in ongoing Blackwater investigations, although only the judge heard more of those stories….( New Bern Sun Journal, [...]
In This Case - http://inthiscase.com
20 Nov 10:52 am by mjpetro
... No. 08-3770 (Nov. 18, 2009 7th Cir. 2009) A grand jury indicted Steven Skoien for possessing a firearm after having been convicted of a misdemeanor crime of domestic violence in violation of 18 U.S.C. § 922(g)( ... s dicta about "presumptively lawful" firearms laws. Though unexplained, the Court's willingness to presume the constitutionality of various firearms restrictions--especially prohibitions on firearms possession by felons--gives us ample reason to believe that strict scrutiny does not apply ...
7th Circuit Criminal Law Alert - http://mjpetro.typepad.com/7th_circuit_alert/
1 Oct, 2008 8:36 pm
... ? GEC PARTNER: I have no idea CLIENT: Well, what can you tell me? GEC PARTNER: Here we have this wonderful, interactive map. It clearly indicates where you are AND where Nancy Pelosi is at all times. We've marked out various firearms shops along the way. CLIENT: Isn't this from Grand Theft Auto IV? GEC PARTNER: That'll be $700 please. Bracewell & Giuliani at least calls a spade a spade after the jump.
Above the Law - http://www.abovethelaw.com/
23 Mar 5:10 pm by Kathleen M. McCarthy
... On appeal, the defendant challenged the probationary condition that he submit to random drug and alcohol testing. He did not challenge the condition that he abstain from alcohol and drugs. The defendant was on probation as part of a sentence stemming from convictions for various firearm offenses. Although the defendant was under twenty-one years old at the time of his conviction, there was no indication that he had ever used ...
Boston Criminal Defense Lawyer Blog - http://www.bostoncriminaldefenselawyerblog.com/
25 Aug 5:00 am by Meng & Alpert
... according to information provided in a press release issued by the office of U.S. Attorney Rod J. Rosenstein. When the sentence was announced in U.S. District Court in Baltimore, the accused made no statement. A federal jury found the man guilty of various firearms violations and armed bank robbery in March 2009 stemming from a robbery that occurred on October 22, 2007. According to the press release, the man robbed ...
Maryland Law Blog - http://www.maryland-law-blog.com/
6 Nov 6:30 am by Anthony J. Vecchio
... defendants arrested in Monmouth County are suspected of felony charges. These include gang-related crimes, aggravated assaults, burglaries, and drug charges. Most of the arrests were made in the cities of Neptune and Asbury Park. Police also seized various firearms as well as drugs including large amounts of heroin and marijuana. Most of the suspects are lodged at the Monmouth County Jail, Freehold Township.
New Jersey Criminal Defense Attorney Blog - http://www.newjerseycriminaldefenseattorneyblog.com/
17 Nov 2:03 am by charley foster
... . Chicago, a case currently before the Supreme Court, devoted 56 pages of their opening brief filed yesterday to arguing that the court should overturn Slaughterhouse and revive the privileges or immunities protections of the Fourteenth Amendment. McDonald seeks to overturn as unconstitutional Chicago's handgun ban and various firearm registration ordinances.
Planet Kaua`i - http://planetkauai.blogspot.com/
4 Aug, 2008 7:06 pm
... . 04-4470, 04-4471 Defendant's convictions for various federal offenses, including Racketeer Influenced and Corrupt Organizations Act (RICO), drug trafficking, and firearms offenses are affirmed in part, but reversed in part ... , No. 07-1855 A sentence for unlawful transfer of an unregistered sawed-off rifle and unlawful possession of a firearm by an unlawful user of controlled substances is vacated as to a requirement that, as a special condition of his supervised release, defendant register as a ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
8 Apr, 2008 9:47 am
... US v. Politano, No. 06-2342 Sentence above the guidelines range for engaging in a business of dealing firearms without a license is affirmed where the district court: 1) acted well within its discretion in finding defendant's ... their participation in a conspiracy to distribute methamphetamine are affirmed where: 1) under the mandate rule, defendants waived various objections regarding certain defendants' requests for a decrease for minimal or minor participant; 2) the district court erroneously ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
30 Oct, 2007 1:37 am
... Circuit Court of Appeals, October 23, 2007 US v. Williams, No. 05-6036 "Convictions and sentences for various offenses, including narcotics trafficking, racketeering, and murder are affirmed over claims that: 1) the district court erred ... in part, where: 1) the evidence presented at trial was sufficient to prove that he was in possession of the hand grenades; 2) the Firearms Act was ambiguous as to whether it required defendant to register the gun at issue; 3) thus, applying the rule of lenity, ...
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
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