safari club international logoArsenal Attorneys made a presentation on estate planning for firearms at the meeting of the National Capital Chapter of Safari Club International in Sterling, Virginia on February 21, 2018. The program addressed the recommended estate planning solutions, how to address firearms law and gun safety concerns in an estate plan, and how to use a trust to register firearms regulated under the National Firearms Act (NFA). The audience were particularly interested in the immediate benefit of using suppressors for hunting. 

The evening included an extended conversation on the importance of planning ahead so loved ones have a lawful and safe means to inherit a gun collection. As we often caution our clients, you want your loved ones to inherit your arms, not a felony. 

Arsenal Attorneys serve clients nationwide by offering its Arsenal Gun Trust solution, which is popular for registering, possessing, and inheriting NFA firearms, including silencers/suppressors, short barrel rifles (SBR), short barrel shotguns, and machine guns. The firm also provides a wide range of legal services in metropolitan Washington, DC, including Virginia and Maryland. Our practice areas include estate planning, business law, LLCs, contracts, real estate law, landlord-tenant law, criminal defense, restoration of rights, and more. Contact us at 703-291-3312 to discuss your goals and legal concerns.

 

Wednesday, 31 January 2018 00:00

Ex-Governor Arrested with Gun at Airport

According to news reports, ex-Mississippi governor Haley Barbour was arrested after a loaded .38 caliber revolver was found by TSA screeners at an airport x-ray machine in Jackson, Mississippi. "This was absentmindedness and nobody’s fault but mine,” Barbour told the Associated Press. 

Arsenal Attorneys regularly represent clients in similar incidents at Reagan National Airport and Dulles International Airport. 

The Virginia code addresses the carrying of weapons in airline terminals at § 18.2-287.01:

§ 18.2-287.01. Carrying weapon in air carrier airport terminal.

It shall be unlawful for any person to possess or transport into any air carrier airport terminal in the Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind, (ii) frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon, and (iii) any other dangerous weapon, including explosives, stun weapons as defined in § 18.2-308.1, and those weapons specified in subsection A of § 18.2-308. Any such weapon shall be subject to seizure by a law-enforcement officer. A violation of this section is punishable as a Class 1 misdemeanor. Any weapon possessed or transported in violation of this section shall be forfeited to the Commonwealth and disposed of as provided in § 19.2-386.28.

The provisions of this section shall not apply to any police officer, sheriff, law-enforcement agent or official, conservation police officer, conservator of the peace employed by the air carrier airport, or retired law-enforcement officer qualified pursuant to subsection C of § 18.2-308.016, nor shall the provisions of this section apply to any passenger of an airline who, to the extent otherwise permitted by law, transports a lawful firearm, weapon, or ammunition into or out of an air carrier airport terminal for the sole purposes, respectively, of (i) presenting such firearm, weapon, or ammunition to U.S. Customs agents in advance of an international flight, in order to comply with federal law, (ii) checking such firearm, weapon, or ammunition with his luggage, or (iii) retrieving such firearm, weapon, or ammunition from the baggage claim area.

Any other statute, rule, regulation, or ordinance specifically addressing the possession or transportation of weapons in any airport in the Commonwealth shall be invalid, and this section shall control.

Arsenal Attorneys is renowned for our nationwide firearms law practice, but our firm also provides the full range of estate planning services to local clients in nearby areas of Northern Virginia and the District of Columbia. Contact us to discuss your goals for estate planning. Remember, estate planning is not just about inheritance. A complete estate plan should first protect you during your own life time.  For example, a Durable Power of Attorney, an Advance Medical Directive, as well as a revocable trust can protect you by naming fiduciaries to act on your behalf and for your support and care in case you're incapacitated.  A good estate plan can also help your loved ones inherit more easily and with greater protections. For example, your estate plan could appoint a guardian for your children and appoint a trustee of a trust to be created for a minor if/when a young person inherits from you. 

Of course our Arsenal Gun Trust serves as an estate plan specifically for gun collections. In addition to helping you register and share possession of firearms regulated under the National Firearms Act ("NFA", e.g. silencers, short barrel rifes/shotguns, machine guns), the Arsenal Gun Trust guides your loved ones in the safe and lawful inheritance of your gun collection.

Contact Arsenal Attorneys to discuss your estate planning goals.

GeorgeLyonBW1Arsenal Attorneys' George Lyon will present a seminar on "Self-Defense Law and DC Carry Permits" at the NRA Headquarters Range in Fairfax, Virginia, on Saturday, March 10 at 2pm. The program will inform all gun owners of the legal issues related to the lethal use of force. The program will also satisfy the training in the firearms laws of the District of Columbia required for DC carry permits.

Nonresidents are eligible for DC carry permits. Following the approximately three hour program, Mr. Lyon will be available to answer questions about DC carry permit applications. 

George Lyon is a lawyer with Arsenal Attorneys handling litigation, criminal defense, firearms regulations, Second Amendment, and other areas of law. Mr. Lyon has decades of experience in complex lawsuits for corporate clients.

Mr. Lyon has played an instrumental role in numerous historic cases. He was one of the original plaintiffs in the case that became the Supreme Court's landmark Heller decision. Recently, Mr. Lyon was a plaintiff in the Palmer case which first compelled DC to issue carry permits. Mr. Lyon represented clients in multiple successful lawsuits in DC and Maryland which overturned bans of stun guns for self-defense. 

The fee for the seminar is $95. To enroll, pay the $95 fee at this link--PLEASE include a note that your payment is for the March 10 seminar. You may also contact Arsenal Attorneys at 703-291-8838 to enroll. 

Please note, this program does not include the handling or operation of firearms. Participants must comply with all safety guidelines and rules of the NRA Headquarters Range.

Last week the District of Columbia's Attorney General announced DC will not seek Supreme Court review of the D.C. Circuit’s decision invalidating its “good reason” requirement for issuing Concealed Pistol Licenses to residents and nonresidents alike. This means that the District is now a 'shall issue' jurisdiction. Other requirements, such as the 16 hours of classroom training and two hours of range training, etc. are not affected by the Court’s ruling.

There has been some misunderstanding recently concerning where one can carry in the District. A recent Facebook post that has been widely disseminated interpreted the DC Gun Free Schools Act as prohibiting carrying a firearm within 1000 feet of a school and certain other locations, which would effectively make 90 plus percent of the District off limits to carry. This law, however, is an enhancement statute that doubles the penalty for otherwise illegally carrying a firearm. It does not apply to persons who have the legal right to carry, such as persons with a DC Concealed Pistol License.

DC law separately sets out locations where CPL holders may not carry. They include the actual school and university grounds, government buildings, medical facilities, night clubs, stadiums, the DC Metro, the monuments on the Mall, and designated areas around the White House, the Vice President’s residence, and the Capital Grounds. It does not include parks, sidewalks and streets, private businesses, or other outdoor locations. Nor does it include residences or houses of worship where the CPL holder has permission to carry from the owner or responsible manager.

If you are interested in obtaining a DC Concealed Pistol License or would like more information on the process, Arsenal Attorneys’ George Lyon is a DC Concealed Pistol Instructor and is scheduling classes now. 

Washington, D.C.’s efforts to prevent law abiding citizens from carrying firearms for personal protection got the stiff arm last Thursday from the whole bench of the United States Court of Appeals for the District of Columbia Circuit.


In a sparsely worded order, the full court declined to rehear the July 25, 2017 decision of a three-judge panel that had invalidated DC’s requirement that applicants for Concealed Pistol Licenses show “good cause” to carry a handgun outside the home.


After losing before the Court’s 3-judge panel, the City had petitioned the full Court of Appeals, consisting of 10 active judges and one senior judge to rehear the case, arguing that the panel’s decision was inconsistent with the decisions of four other federal circuit courts and that DC, as the seat of government, was a uniquely sensitive area. According to the Court’s order, it declined DC’s invitation because not a single judge of the Court had asked for a vote on the city’s petition.


The July 25th decision was in the combined cases of Wrenn v. D.C. and Grace v. D.C, which challenged the District’s may issue concealed carry licensing scheme. In a nutshell, the three-judge panel held the District’s restrictive licensing scheme unconstitutional and ordered the District Court to permanently enjoin D.C. from enforcing its “good cause” requirement to obtain a concealed carry license. 


The decision will become effective when the D.C. Circuit issues its mandate for Wrenn and Grace, expected by October 5, 2017. Unless the Court stays its decision, or unless DC is able to convince the Supreme Court to stay the decision, the District will become shall issue when the Court’s mandate is issued.

 

Unless the Court stays its decision ... 

the District will become a 'shall issue' jurisdiction ...

 

 

DC’s last chance to maintain its restrictive carry licensing scheme is to petition the Supreme Court to review the case. The District has not announced whether it will ask the high court to intervene. The Supreme Court has discretion over what cases it takes. The overwhelming majority of petitions for the Court to hear a case are denied. However, because the D.C. Circuit’s decision conflicts with the decisions of four other federal circuits, Supreme Court may very well hear the case to resolve the matter.


Should the high court accept the case for review, it will have the opportunity to clarify how lower courts analyze Second Amendment cases. To date the lower courts have rejected most Second Amendment challenges to state and federal firearm regulations, prompting criticism that the lower courts are treating the Second Amendment as a second class right.


Considering the composition of the Supreme Court, DC may very well be reluctant to seek review of Wrenn and Grace. Further, other jurisdictions might discourage DC from pursuing the matter. If the high court affirms the D.C. Circuit, similar "may issue" permitting schemes in Massachusetts, Maryland, New Jersey, Hawaii, New York and portions of California would likely be doomed. In addition, a strong Second Amendment decision from the Supreme Court could derail other gun control statutes across the nation, including those of the District’s. The anti-self-defense lobby may decide they’d prefer the District to accept defeat and forego Supreme Court review if it posed such a risk of overturning much of their gun control agenda nationwide.


Kudos to lawyers Alan Gura and Charles Cooper for their victory and our friends Brian Wrenn and Matthew Grace for standing up for their rights.

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