Attorney Matthew Bergstrom served as one of the faculty in the 2nd Annual Firearms Law in Virginia Seminar on October 18, 2021. A recording of the program will be available through Virginia CLE--Continuing Legal Education by the Virginia Law Foundation.
The seminar agenda follows:
9:00 Announcements and Introductions
9:05 Virginia’s Constitutional Right to Bear Arms by 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?
10:15 Overview of Virginia Firearms Laws (New and Existing) by 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.
11:30 Gun Trusts by 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.
1:00 Federal Firearms Laws by 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
2:45 Use of Deadly Force in Self-Defense by 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.
4:00 Ethics: The Lawyer as Advocate by 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.
Arsenal Attorneys is a nationwide law firm headquartered in Fairfax, Virginia in the metropolitan Washington, DC. The firm offers serves clients in over 30 states in estate planning, criminal defense, civil litigation, business law, landlord-tenant disputes, real estate, firearms law, restoration of rights, carry permits, and the firm’s proprietary Arsenal Gun Trust. Matthew Bergstrom is the firm’s Managing Attorney, and he is licensed in California, Michigan, Nevada, Virginia, and the District of Columbia.
This blog is intended for informational purposes only and is not intended as legal advice.
By George L. Lyon, Esq.
My clients and students frequently request my analysis of the various self-defense insurance type products on the market, some of which are not technically insurance per se. My knowledge of this topic has benefited by Recoil magazine’s occasional comparison of these products as well as an informative video by attorney Andrew Branca, author of the highly recommended book Law of Self Defense. I will give you the results of my own review of these products below. Bear in mind, policies often change, so I recommend you perform your own due diligence at the time of your decision. I recommend my analytical framework as a guide.
It is important to understand that basic homeowner’s insurance even with umbrella insurance does not cover a self-defense shooting. First, these insurance products do not defend you from a criminal prosecution, and, second, they do not cover you civilly because a self-defense shooting is considered an intentional act. Homeowner’s coverage would apply if it were alleged that you negligently shot someone on the premises of your home. Some plaintiffs have made such allegations specifically to try to get within the coverage of homeowner’s policies.
With respect to self-defense insurance or insurance like products, a number of companies offer this type of service. The ones I am going to discuss here are in alphabetical order: Armed Citizens Legal Defense Network (“ACLDN”); CCW Safe; Firearms Legal Protection (“Firearms Legal”) Second Call Defense (“Second Call”); United States Concealed Carry Association (“USCCA”) and U.S. Law Shield.
Arsenal Attorneys' Matthew Bergstrom will teach a seminar for lawyers on August 20 entitled "Firearms in Estate Administration: Legal Issues, Executor Liability, Transferring Title I and II Guns, Penalties--Understanding Gun Legal Designations, In-State and Out-of-State Transfers, Use of Gun Trusts." Mr. Bergstrom will be joined by attorneys Michael W. Zarlenga and Sam Hosey to deliver the program. This continuing legal education program is sponsored by Strafford Publications, and attendees may earn CLE credit as may be required by their state bar.
This CLE webinar will guide estate planners and administrators on managing the legal challenges of firearms in estate and trust administration. The panel will discuss federal gun laws and firearm designations, issues for beneficiaries inheriting guns, in-state and out-of-state transfers, and legal ownership. The panel will also review the use of trusts and other entities to transfer guns legally, and best practices to avoid mishaps in the administration of estates or trusts holding firearms.
By George L. Lyon, Jr, Esq.
As you may have heard the Supreme Court last week dismissed as moot the New York State Rifle and Pistol case that many had hoped would clarify for the lower courts the standard court should use to review second amendment cases. While not unexpected, the 6-3 decision was still a disappointment. Justice Alito wrote a dissenting opening which Justices Thomas and Gorsuch joined arguing that the case was not moot and that the city ordinance at issue was unconstitutional. In the penultimate paragraph of his opinion, Justice Alito made the following comment:
“We are told that the mode of review [by the lower courts] in this case is representative of the way Heller has been treated in the lower courts. If that is true, there is cause for concern.”
Arsenal Attorneys is committed to answering your questions about estate planning, firearms, business law, litigation, and criminal defense issues.
We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.