Book Description

Firearms Law Deskbook gives prosecutors and defense attorneys detailed coverage of federal, state, and local gun control laws, court decisions, agency regulations, and insider information. Chapter 1. Right to Bear Arms The Second Amendment and State analogues; the latest decisions from the Supreme Court and lower courts on the right to keep and bear arms. Chapter 2. Gun Control Act: Federal Regulation Felons and other prohibited persons, dealing without a license, straw sales, interstate restrictions, and other federal crimes. Chapter 3. Licensees, Records, and ATF Inspections Licensing and recordkeeping requirements, agency inspections, Fourth Amendment issues, and the revocation of licenses. Chapter 4. Forfeitures, Attorney's Fees, Regulations and Preemption Special rules for the forfeiture of firearms, particularity and standard of proof requirements, recovery of attorney's fees, and federal preemption of state laws. Chapter 5. Gun Control Act: Interstate Commerce Constitutional basis of restrictions as regulation of interstate commerce, limits on federal power, and bans on mere possession of firearms. Chapter 6. National Firearms Act: Definitions Statutory definitions, judicial interpretations, and ATF opinions on what constitutes a machine gun, short-barreled shotgun or rifle, silencer, and destructive device; intent and knowledge standards. Chapter 7. National Firearms Act: Prohibited Acts Unregistered NFA firearms; making, transfer, and possession offenses; serial number violations; and penalties and forfeitures. Chapter 8. National Firearms Act: Constitutional Issues The basis of registration in the tax power; prosecution for post-1986 machine guns; disclosure restrictions under the Fifth Amendment and privacy laws; Fourth Amendment issues. Chapter 9. Entrapment and Due Process Traditional entrapment, entrapment by estoppel, ATF rulings, and sentencing manipulation. Chapter 10. Assault Weapon Prohibitions Federal, state, and local bans on "assault weapons";.