Understanding Firearms Law: Navigating Carry Regulations, Self-Defense Principles, and Expungement Strategies for Attorneys

This session examines the complex landscape of firearms carry laws, including variations in open carry regulations for state residents versus out-of-state visitors. Topics include permitless/constitutional carry provisions, license requirements, and critical reciprocity considerations when traveling across state lines.

Drawing from Andrew Branca’s framework, this session covers the five critical elements of self-defense: innocence, imminence, proportionality, reasonableness, and avoidance. Participants will learn why all elements must exist simultaneously and understand the JAM elements that define a legitimate fear-of-life standard.

This session clarifies what Stand Your Ground actually means legally—that if JAM elements exist, retreat is not required. Common media misconceptions will be addressed, including misunderstandings about shooting when scared, shooting fleeing attackers, and interactions with law enforcement.

This session explores federal and state pathways for restoring gun rights after criminal convictions. Topics include the unfunded federal restoration program, the Crank decision’s impact on state expungements, and Missouri’s approach to placing individuals back in their pre-conviction position.

Examining the Supreme Court’s Bruen decision, this session explains the historical standard now used to evaluate firearm restrictions. The Caetano case demonstrates that constitutional protections extend to weapons unknown to the founders, while addressing ongoing judicial resistance to these rulings.

This session covers the revised federal definition of firearms dealing under 18 USC Section 921, emphasizing the shift from livelihood-based to profit-based standards. Attendees will learn evidence factors indicating dealer status and defensive strategies including selling through licensed dealers and maintaining bills of sale.

This concluding session addresses the inherently political and emotional nature of firearms law and its many interconnected facets. Participants will gain appreciation for the breadth of knowledge required in this practice area and preview future continuing education opportunities.