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Gun rights organizations such as the Second Amendment Foundation at the national level and the Idaho Second Amendment Alliance at the state level have been in the news recently for their “preemption projects”. Do you understand what these projects are and why they are important to gun owners? Many people have heard of the Supremacy Clause (Article VI, clause 2) of the United States Constitution. The Supremacy Clause states: “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or…Read More
Concealed carry laws are governed by each individual state. The result is that the laws can vary widely between states, and travelers must be wary and knowledgeable of the laws in the jurisdiction to which they are traveling. This, of course, poses a hardship for law-abiding gun owners who do not wish to be prosecuted for committing a crime simply because they were confused about the law in a certain location. Some United States senators have proposed that concealed carry permits should be afforded the same recognition as driver’s licenses…Read More
Imagine that you are the court-appointed caretaker (commonly known as a guardian and conservator) for a war veteran who no longer remembers to pay his bills on time or take his medications. The veteran is a gun owner, and you are faced with the task of telling him that you are going to remove his guns from his home. You have to tell him this, because the phrase “adjudicated a mental defective” under federal law is defined as: “A determination by a court, board, commission, or other lawful authority that…Read More
Gun owners, dealers, and manufacturers are hard-pressed to learn and keep up with the ever-evolving world of gun laws. Interpretations of the law by our Supreme Court can make it even tougher for law-abiding citizens who want to do the right thing to figure out what “the right thing” is. Common sense does not always prevail. You might think that it would be ok for one legal gun owner to buy a gun for another legal gun owner from a licensed dealer. Neither person is a criminal, so what's the harm? Well, according…Read More
Thanks to our media and the prosecution of the innocent, conscientious gun owners often fear that their lawful, responsible behavior puts them at risk for being deemed a “gun nut”. When it comes to training, don’t ever let such fear stop you. Even though I “grew up with guns” and shoot whenever I can, I also live what I teach. One of my first gun instructors served our country in combat, but told me he continues to train “whenever he can”. He was the first person to tell me…Read More
One of the most common questions I receive in firearms classes is if someone can keep my cell phone number in their wallet in case they ever need to use their firearm in self-defense. When we discuss keeping a lawyer’s number handy, someone in class has inevitably “heard” of an insurance company that purports to provide coverage in the event the insured uses deadly force, and the discussion turns to whether those insurance policies are valid and if the attorneys listed as possible defense are good choices. Such insurance…Read More
In my most recent “Gun Law Podcast”, I interview three young ladies, ages 10-14, who enjoy shooting guns for sport and hunting. They are normal girls who get good grades, participate in other, more traditional “girl” activities such as cooking, swim team, and playing musical instruments. All three girls have at least one thing in common beyond their enjoyment of firearms: confidence. They are not shy, insecure, or suffering from common “girl” afflictions imposed on them by our modern society. I have no doubt that when these women are old…Read More
It’s nice when you’re the King, because the King can do as he pleases. Ignoring Congress’s decline to pass “common sense” gun legislation in 2013, the Obama administration will take action where Congress left off. The FACT SHEET released by the White House today indicates that the latest executive actions will “help strengthen the federal background check system and keep guns out of the wrong hands.” The title of the FACT SHEET is more telling – it refers to keeping guns out of “potentially dangerous hands”. According to the White…Read More
