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3 Mar 2020, 6:54 am by John Rubin
The North Carolina Court of Appeals has held that a PJC is a conviction barring a person previously convicted of a felony from possessing a firearm, but the Fourth Circuit recently observed that the interpretation is inconsistent with North Carolina precedent. [read post]
3 Mar 2020, 5:02 am by Eugene Volokh
§§ 922(g) and 924(a)(2), the Government must prove (1) the individual knew he or she possessed a firearm, and (2) the individual knew that he or she belonged to the relevant category of persons banned from possessing a firearm. [read post]
3 Mar 2020, 3:40 am by Edith Roberts
Bureau of Alcohol, Tobacco, Firearms and Explosives, “Justice Neil Gorsuch threw a little shade at the Trump administration for unilaterally rewriting federal gun laws. [read post]
2 Mar 2020, 7:46 pm by Galluzzo & Arnone
A charge of 18 USC Section 924(c) for using or possessing a firearm in the course of drug trafficking or some other violent crime is a common criminal charge in federal court. [read post]
2 Mar 2020, 1:43 pm by Jessica Lusamba
The plaintiffs, which include Damien Guedes and the Firearms Policy Foundation, had petitioned the court after a lower court’s decision to uphold Trump’s ban on bump stock devices. [read post]
2 Mar 2020, 12:35 pm by Angelica L. Novick
“Safety-sensitive” is defined in each bill as including tasks or job duties that the employer reasonably believes could affect the safety and/or health of the employees performing those tasks or job duties, or that of other persons, including, but not limited to, the following: The handling, packaging, processing, storage, disposal, or transport of hazardous materials;   The operation of motorized vehicles, equipment, machinery, or power tools;   The… [read post]
2 Mar 2020, 11:30 am by Christopher Tyner
In narrow circumstances, the common law defense of justification may be an affirmative defense to a charge of possession of a firearm by a felon under G.S. 14-415.1 State v. [read post]
2 Mar 2020, 10:46 am by Yige Wang
Defendant Borden plead guilty to possession of a firearm as a felon in violation of ACCA, after he was caught with a pistol during a traffic stop in April 2017. [read post]
2 Mar 2020, 8:22 am by Amy Howe
Borden pleaded guilty to being a felon in possession of a firearm but argues that one of his prior convictions for aggravated assault does not qualify as a “violent felony” under the ACCA. [read post]
2 Mar 2020, 7:39 am by Stephen Bilkis
Constructive possession of a firearm occurs when a defendant was not found in actual physical possession of the firearm, but was found to have had control over the area where the firearm was found. [read post]
2 Mar 2020, 7:31 am by Patrick@nimblelight.com
In general, while on probation, you are expected to: Uphold your family responsibilities Pursue a specific occupation or employment, a prescribed secular course of study, or vocational training Receive available medical or psychiatric treatment, including entering and staying in a specified institution Attend or live in a facility established for the instruction, recreation, or residence of individuals serving a probation sentence Refrain from visiting unlawful or disreputable places or consorting… [read post]
2 Mar 2020, 6:40 am by Howard Bashman
Bureau of Alcohol, Tobacco, Firearms & Explosives, No. 19-296, Justice Neil M. [read post]
2 Mar 2020, 5:08 am by Eugene Volokh
Zeleny eventually combined the First Amendment with the Second and started openly carrying and displaying unloaded firearms during his protests. [read post]
2 Mar 2020, 4:00 am by Public Employment Law Press
"*Petitioner concedes that he was not authorized to carry a firearm under Respondent's policy at the time of his separation from employment, as he surrendered his firearm beforehand due to an injury and he failed to seek  reinstatement of such authorization. [read post]
2 Mar 2020, 4:00 am by Public Employment Law Press
"*Petitioner concedes that he was not authorized to carry a firearm under Respondent's policy at the time of his separation from employment, as he surrendered his firearm beforehand due to an injury and he failed to seek  reinstatement of such authorization. [read post]
2 Mar 2020, 3:53 am by Edith Roberts
City of New York, New York, a challenge to New York City’s limits on transporting personal firearms. [read post]
28 Feb 2020, 12:30 pm by John Ross
A search of another package from the same sender turns up similar contraband, leading to the sender's arrest for illegal transport of a firearm. [read post]
28 Feb 2020, 12:04 pm by Daily Record Staff
Criminal procedure — Motion to suppress evidence — Witness’s statements to police Following a jury trial in the Circuit Court for Baltimore City, Anthony Alston, appellant, was convicted of second-degree murder and use of a firearm in a crime of violence. [read post]
28 Feb 2020, 6:55 am by John Elwood
John Elwood briefly reviews Monday’s relists. [read post]