By George L. Lyon, Jr
As you may have heard, the ATF on December 18, 2020, published a notice setting forth the factors it considers in classifying firearms equipped with a stabilization brace, sometimes called an arm brace. The importance of this classification is that it can mean the difference between a firearm equipped with such a brace being classified as a pistol and thus not subject to the National Firearms Act or as a short barrel rifle requiring registration and payment of a $200 tax. Violation of the requirements of the National Firearms Act (NFA) is a felony potentially subjecting the offender to several years in prison and permanent loss of firearms rights.
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.”