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Overview
Confidently Navigate the Complexities of Firearm Laws
The constitutional protection of individual gun rights has never been stronger, but regulatory and liability concerns can hamper even the most responsible owner. Is your knowledge of federal, state, and local law effective enough to protect your client from criminal or civil charges? Let our experienced faculty give you the insight you need. Learn the difference between Title 1 and Title 2 firearms, the requirements for selling at a gun show versus selling to a private party, and more. Make sure your clients are able to exercise their Second Amendment rights while avoiding liabilities that can put themselves or others at risk. Register today!
- Understand the lesser-known constitutional aspects of firearms law, including the First Amendment issues that surround gun shows.
- Know how the Firearms Owners Protection Act affects the possession of automatic weapons.
- Find out the legal requirements for an individual who buys multiple handguns in the same purchase.
- Recognize what Title 2 firearms are and the unique purchasing and taxation requirements that come with them.
- Get an overview of the legal requirements that govern firearms dealers, including audits by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
- Learn how to fight gun confiscations by law enforcement and contest errors in background checks.
- Discover the potential criminal or civil liability individuals can face under Child Access Prevention laws.
- Identify situations in which you should or must break confidentiality with your client.
Abbreviated Agenda
- State and Federal Firearms Laws: What Attorneys Need to Know
- Title 1 Firearms and Their Regulation
- Constitutional Components of Firearms Law
- Title 2 Firearms: Unique and Misunderstood
- Liability Concerns for Gun Dealers and Owners
- Gun Ownership Legal Concerns
- Concealed and Open Carry Law
- Firearms Dealers and Licensing Requirements
- Ethical Considerations When Representing Gun Owners or Dealers
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Maine CLE |
|
6 Total | 10-19-2027 |
Select Jurisdiction
CLE
Agenda
-
State and Federal Firearms Laws: What Attorneys Need to Know
- Gun Law Update: Changes You Need to Know!
- Firearm Regulations at the State Level
- National Firearms Act of 1934
- Gun Control Act of 1968
- Firearms Owners Protection Act
- Brady Handgun Violence Protection Act
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Title 1 Firearms and Their Regulation
- Modern Firearms, Curios and Relics, and Antiques - Important Definitions
- Purchasing Requirements
- Form 4473
- Multiple Handguns and Form 3310.4
- Private Party Transfers and Gun Show Purchases
- Title 1 Firearms and Purchasers With Criminal Records and Restraining Orders
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Constitutional Components of Firearms Law
- The Second Amendment
- Other Amendments that Pertain to Firearms Law
- Gun Shows and the First Amendment
- Search and Seizure Issues and the Fourth Amendment
- The Taxing and Commerce Clauses
- State Constitutional Amendment
-
Title 2 Firearms: Unique and Misunderstood
- What is a Title 2 Firearm?
- Tax and Purchase Procedures for Title 2 Firearms
- Transportation and Use Requirements with Title 2 Firearms
- Title 2 Firearms and Entities Exempt from Tax and Purchasing Requirements
- Determining if a Title 2 Firearm is on the NFA Registry
- Protecting and Transferring Title II Collections: NFA Gun Trusts
- Impacts of ATF Rule 41F
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Liability Concerns for Gun Dealers and Owners
- Criminal vs. Civil Penalties for Firearm Injuries
- Protection of Lawful Commerce in Arms Act and Lawsuits Against Firearm Manufacturers
- Individual Liability in Accidental Shootings
- Child Access Prevention Laws
- Stolen Firearm Used in a Crime
- Self Defense; Lawful vs. Unlawful Uses of Force
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Gun Ownership Legal Concerns
- Restricted and Prohibited Weapons
- Persons Prohibited from Possessing a Firearm
- Licensing Requirements and Penalties for Breaking Them
- Restoration of Second Amendment Rights
- Gun Confiscations by Local, State, or Federal Officials
- Correcting Errors in NICS Background Check
- Rules for Transporting Weapons
- Understanding Reciprocity With Neighboring States
-
Concealed and Open Carry Law
-
Firearms Dealers and Licensing Requirements
- Procedures for Obtaining Federal Firearms Licenses
- Record Keeping Requirements for Firearms Dealers
- ATF Audits of Firearms Dealers
- The Special Occupations Tax and Becoming a Title 2 Firearms Dealer
- Curio and Relic Licenses: Their Functions and Limitations
-
Ethical Considerations When Representing Gun Owners or Dealers
- Exceptions to Attorney-Client Privilege Under Model Rule 1.6
- Attempt to Commit Crime or Fraud
- When Clients are a Danger to Themselves or Others
- How to Get Advice About Potentially Breaking Privilege
Who Should Attend
This basic-to-intermediate level online seminar is intended for attorneys. The content will be useful for law enforcement, government officials, firearm dealers and advocates for gun rights or gun control. Paralegals may also benefit.
Speakers
Speaker bio
William S. Harwood
has been actively involved in legal representation, policy initiative, and political change for over forty years. He works locally and nationally from his home state of Maine. Mr. Harwood currently serves as a public advocate. He has previously been a partner with Verrill & Dana and a senior policy advisor with Governor Mills Energy Office. In 2000, after the Columbine High School shooting, Mr. Harwood helped found Maine Citizens Against Handgun Violence (MCAHV) to lead efforts in Maine and served as its first president. Since then, he has served on and chaired the Governing Boards of the Brady Campaign to Prevent Gun Violence and American Bar Association Special Committee on Gun Violence. Mr. Harwood has also served on the governing Board of States United to Prevent Gun Violence and the U.S. Department of Justice Safe Neighborhoods Project for Maine. He also taught a firearm course as an adjunct professor at the University of Maine Law School. Mr. Harwood earned his J.D. degree from Fordham University School of Law and is admitted to practice in Maine and Massachusetts.
Speaker bio
Mark Graziani
is an attorney and owner of Graziani Law, LLC located in Barberton, Ohio. He practices in the areas of bankruptcy protection, estate planning, and probate throughout Ohio from his office in Barberton. Additionally, Mr. Graziani is a veteran and provides services for fellow veterans. He earned his B.S. degree, magna cum laude, from Ohio State University in astronomy; his Master's degree in business administration, with honors, from the University of Akron; and his J.D. degree from the University of Akron School of Law.
Speaker bio
Matthew B. Jorden
is founding member at Jorden Law Group, where his practice focuses on plaintiff's personal injury, criminal defense and representation of licensed professionals in administrative proceedings. He has handled complex litigation involving products liability, transportation accidents, and governmental liability. Additionally, Mr. Jorden has defended clients in high profile cases prosecuted by the SEC and has had the opportunity to argue before the Ninth Circuit Court of Appeals. He is admitted to practice in Pennsylvania, California, U.S. District Court for the Western District of Pennsylvania, Third Circuit Court of Appeals, Ninth Circuit Court of Appeals and U.S. Supreme Court. Mr. Jorden earned his B.A. degree from Allegheny College and his J.D. degree, cum laude, from Thomas M. Cooley School of Law.
Speaker bio
Ecleynne Mercy
is a highly accomplished attorney the proud owner and operator of Mercy Law P.C. She has also established Legal Upgrade, a company that offers various services and products related to legal guidance, instruction and wellness-based frameworks. The primary focus of Legal Upgrade is to assist individuals, businesses and communities in integrating wellness-based strategies into their daily legal lives and infrastructure. One of the key services provided by Legal Upgrade is an extensive workshop specifically designed to help students maximize their scores on the essay portion of the Georgia Bar Exam. Ms. Mercy has years of experience in helping repeat bar takers pass the bar, and she utilizes her expertise to provide valuable guidance and instruction to aspiring lawyers. Additionally, she oversees and directs various activities within Legal Upgrade. This includes training and supervising paralegal/support staff, conducting bar compliance reviews, providing case management training, monitoring deadlines, and performing firm audits. Ms. Mercy offers staff training programs in areas such as PI case management, family law case management, criminal defense case management, bar compliance, and system assessments. Furthermore, she conducts attorney trainings on a range of legal topics, including bar compliance, family law, criminal defense, general civil litigation, automobile and motorcycle accidents, slip and falls, dog bites, pedestrian impact cases, premises liability cases, and negligent security cases. Ms. Mercy's expertise in these areas allows her to provide comprehensive and specialized training to attorneys and law students. She is also actively involved in promoting legal awareness and civil rights. Ms. Mercy trains attorneys and law students to become legal observers, enabling them to monitor legal proceedings and ensure fairness. She conducts "Know Your Rights" seminars across the country, educating citizens about their constitutional rights when dealing with law enforcement. Additionally, Ms. Mercy serves as a legal commentator for Court TV, where she shares her insights and expertise on various legal matters. Her educational background includes a B.A. degree from Howard University and a J.D. degree from Western Michigan University Cooley Law School. Ms. Mercy holds memberships in several professional organizations, including the DeKalb Bar Association, State Bar of Georgia, Georgia Association of Black Women Attorneys, Haitian American Lawyers Association of Georgia, and Sister Care Alliance. These affiliations demonstrate her commitment to professional development, networking, and community engagement within the legal field.
Speaker bio
John W. Chapman
has practiced law in Maine for over 40 years. He represents PORAC (U.S. Border Patrol), Fraternal Order of Police, Androscoggin County Employee Association, Professional Fire Fighters of Maine and National Correctional Employees Union. Mr. Chapman has co-authored legislation in the area of mental health and firearms with the Governor's Office and the Sportsman's Alliance of Maine. He teaches use of deadly and nondeadly force at the Maine Criminal Justice Academy to cadets, law enforcement firearms instructors and judicial marshals. Mr. Chapman developed and periodically updates the protocol for representation of law enforcement officers involved in critical incidents. He is the counselor at arms for the Gun Owners of Maine, and is an avid shooter, archer and reloader. Mr. Chapman is admitted to practice in the Maine Courts, U.S. District Court for the District of Maine, First Circuit Court of Appeals, U.S. Supreme Court, and Bureau of Alcohol, Tobacco and Firearms.
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