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Topic: Firearm case law

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Gun Control Act of 1968

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Romeo and Juliet

	Firearm case law - Biocrawler
		However, there remains much conflict as to its interpretaion within the courts, largely because the Supreme Court has always refused, and continues to refuse, hearing a case where the central issue is interpreting individual vs. collective rights within the context of the Second Amendment and Bill of Rights.
		Miller (1939) [5] (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=usandvol=307andinvol=174) - The only Supreme Court case which was directly related to the issues of the Second Amendment at the heart of the case.
		Current case law leaves open and unsettled the question of whose right is secured by the Amendment.
	www.biocrawler.com /encyclopedia/Firearm_case_law (1966 words)

	Legal Community Against Violence
		Although there is no case law construing this statute, the North Dakota Attorney General has opined that section 62.1-01-03 was intended to preempt local authority to regulate firearm purchase, sale, ownership, transfer, registration, and licensure, but not local authority to regulate possession of a firearm.
		While section 62.1-02-05 generally prohibits possession of a firearm at a public gathering, subsection 62.1-02-05(3) states that a political subdivision may still enact a less restrictive ordinance relating to the possession of firearms at a public gathering, and that such an ordinance supersedes section 62.1-02-05 within the jurisdiction of the political subdivision.
		A firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or sells a firearm is not liable to any person or to the estate, a successor, or survivor of any person for any injury suffered, including wrongful death and property damage, because of the use of a firearm by another.
	www.firearmslawcenter.org /states/northdakota.asp (3810 words)

	MLC - Mayo Law Clinic: Gun Offenses
		In the case of a firearm, prior notice must be given to the law enforcement agency prior to transporting it to that agency for disposition, and the firearm must be transported unloaded and in a locked container, as defined by PC §12026.2(d).
		A license to carry a pistol, revolver, or other firearm capable of being concealed upon the person may be granted to qualified residents of a county by the sheriff or to qualified residents of a city by the chief or other head of the municipal police department of that city.
		Any person over the age of 18 who is not prohibited from possessing firearms, and if otherwise lawful, may keep and carry a firearm or have a firearm loaded at his or her place of residence, temporary residence, campsite, or on private property owned or lawfully possessed by the person.
	www.mayolawclinic.com /cases/gunoffenses.html (10138 words)

	CrJ/2000/6 Recorded Crimes and Offences Involving Firearms, Scotland 1999: page 16
		A return is submitted for each incident where a crime or offence in which a firearm is alleged to have been involved with the exception of cases where an airweapon is recklessly handled causing neither injury nor damage to property.
		Cases involving injury to animals are recorded under the category property damage rather than injury - which is reserved solely for the purposes of recording injuries to persons.
		In Scots law, the confession of an accused person to a crime would not in general be sufficient to allow a prosecution to be taken, as corroborative evidence is required.
	www.scotland.gov.uk /stats/bulletins/00024-16.asp (1034 words)

	DCBA - Recent Case Law
		This common law rule was repealed by enactment of Section 7-7 of the criminal code which prohibits the use of force to resist even an unlawful arrest.
		The offense of reckless discharge of a firearm is committed when the defendant recklessly discharges a firearm and endangers the bodily safety of an individual.
		Applying a dictionary to this case, the State is required to prove that defendant’s reckless conduct created a dangerous situation that placed an individual in peril of probable harm or loss.
	www.dcba.org /legal/case_law.htm (1240 words)

	Purchase and Sale
		The law concerning who may and may not purchase a firearm in Tennessee is a controlled primarily by federal law through its extensive definitions of the characteristics of a "prohibited person" and its prohibition on "straw-man" purchases.
		Under federal law, an individual must be 21 to purchase a handgun and at least 18 to purchase a longarm, they must not have a disqualifying felony conviction or, under certain circumstances, a conviction for misdemeanor domestic violence, and they must not fall into other categories defined under federal law.
		A person may sell a firearm to an unlicensed resident of his or her State, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any State.
	www.harrislawoffice.com /content/areas_of_practice/tennessee_firearms/federal__purchase_and_sale.htm (1579 words)

	Firearm Law's
		The earliest cases dealing with the “individual right” to keep and bear arms are discussed with explanations of why they did not become the law of the land, as well as those, of recent date, leading to the mistaken position taken by numerous State and Federal courts advocating the “collective right” and “quasi-collective right” views.
		A holster is traditionally defined as “a leather case for a pistol that is often open at the top to facilitate quick withdrawal, that often conforms to the pistols’ shape, and that is usually carried at the belt or under one arm or often at the front of a saddle.
		“Moreover, the defendant’s argument that the holster is a “case” lacks merit because it is antithetical to the purpose of the aggravated UUW statute.
	victorquilici.com /FirearmLaws.asp (5092 words)

	[No title]
		Accordingly, an indictment, which charges the defendant with having in his possession "a certain pistol and a certain revolver, each of the same being of a size which might be then and there concealed upon the person," is sufficient to cover the instrument in question, and the judgment convicting the defendant should be affirmed.
		The definition of a firearm commonly given is: 'A firearm is a weapon which acts by the force of gunpowder' (40 Cyc.
		In this particular case, in order to deceive the public, and prevent detection, the instrument is given the harmless appearance of a fountain pen.
	www.cs.cmu.edu /afs/cs.cmu.edu/user/wbardwel/public/nfalist/people_v_anderson.txt (852 words)

	People v Mitchell (Shane) (Site not responding. Last check: 2007-11-03)
		We conclude that the history, language, and structure of the statutes indicate that felony- firearm and concealed weapon offenses are distinct offenses which may be separately punished in a single trial when the concealed weapon offense is not the predicate of the felony-firearm offense.
		[7] the defendant was convicted of receipt of a firearm by a convicted felon and possession of a firearm by a convicted felon.
		Against this backdrop of case law, it is implausible to conclude that the Michigan Legislature intended a defendant be punished twice for a single instance of possession of a single gun.
	www.icle.org /michlaw/oview.cfm?caseid=10813511 (2163 words)

	Spartanburg SC \| GoUpstate.com \| Spartanburg Herald-Journal
		The cases are ''Cruikshank (1876), Presser (1886), Miller v.
		Miller (1939) [7] - The only Supreme Court case which was directly related to the issues of the Second Amendment at the heart of the case.
		Raich case (June 5, 2005), the Supreme Court decided not to hear the case but rather sent it back to the Circuit Court with guidance based on the Ashcroft v.
	www.goupstate.com /apps/pbcs.dll/section?category=NEWS&template=wiki&text=Firearm_case_law (2269 words)

	Firearm case law in the United States - Wikipedia, the free encyclopedia
		Firearm case law decisions are numerous in the history of the United States.
		Miller (1939) [5] - The only Supreme Court case which was directly related to the issues of the Second Amendment at the heart of the case.
		Raich case (June 5th, 2005), the Supreme Court decided not to hear the case but rather sent it back to the Circuit Court with guidance based on the Ashcroft v.
	en.wikipedia.org /wiki/Firearm_case_law (2252 words)

	Expert Witness Testimony - FirearmsID.com
		The next big step is to present the findings of his or her examinations in a court of law.
		Firearms Identification is a branch of Forensic Science and as such those who qualify are scientists.
		It is often assumed that since I work for a law enforcement agency that I have a vested interest to help the law enforcement community prove the facts of a case and help gain a conviction through my testimony.
	www.firearmsid.com /A_expert.htm (874 words)

	Kansas Criminal Defense Attorney: Case Law
		Justice Souter’s dissent stressed that the death penalty should be reserved for ‘the worst of the worst.’ He argued that, since the determining factor in an equipoise situation is not the nature of the crime or the characteristics of the individual defendant, the jury’s decision is not connected to a particular crime or criminal.
		As the result of a crime lab's mistake in 1991, death row inmate Douglas Belt was not connected to eight sexual assaults in central Kansas and one in Illinois until he became a suspect in the beheading of a Wichita housekeeper a decade later.
		The Romeo and Juliet law prohibits sexual intercourse, sodomy or lewd touching of when at the time, the ‘victim’ is 14 or 15; the offender is less than 19 years old and less than 4 years older than the victim; only the offender and the victim are involved and they are of opposite sex.
	gdgrifflaw.typepad.com /kansas_criminal_defense_a/case_law/index.html (3755 words)

	C F C C - Delinquency Case Law
		The juvenile court adjudicated a child as a ward and placed him on probation for admitting he possessed a firearm to a police officer.
		The child contended that the failure to wear a bicycle helmet on the sidewalk was lawful and therefore the police had violated his Fourth Amendment rights by stopping him.
		The child filed a motion to suppress the firearm because it was the fruit of an illegal detention.
	www.courtinfo.ca.gov /programs/cfcc/resources/caselaw/del/62.htm (128 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		At the close of the prosecution's case, Barrett moved for a directed verdict of acquittal on the ground that 922 (h) was not applicable to his receipt of the firearm.
		The opening words of the section broadly describing the statutory violation as receiving a firearm which "has been shipped or transported" in interstate commerce were immediately followed by a provision that it could be presumed from possession alone that the defendant-possessor had personally participated in the interstate movement of the possessed firearm.
		Although the Tot Court was principally concerned with the constitutionality of the presumption established by the last clause of 2 (f), 2 its interpretation of the first clause of the statute was essential to its holding.
	www.findlaw.com /scripts/getcase.pl?navby=case&court=us&vol=423&invol=212 (4346 words)

	Statutes & Constitution :View Statutes :-> : Online Sunshine
		790.001 be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted.
		"Semiautomatic firearm" means a firearm which is capable of firing a series of rounds by separate successive depressions of the trigger and which uses the energy of discharge to perform a portion of the operating cycle.
		Possession may also be proven by demonstrating that the defendant had the firearm within immediate physical reach with ready access with the intent to use the firearm during the commission of the offense, if proven beyond a reasonable doubt.
	www.leg.state.fl.us /Statutes/index.cfm/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/SEC087.HTM&Title=-> (1296 words)

	WASHINGTON v. RECUENCO
		The only difference between this case and Neder is that in Neder, the prosecution failed to prove the element of materiality to the jury beyond a reasonable doubt, while here the prosecution failed to prove the sentencing factor of “armed with a firearm” to the jury beyond a reasonable doubt.
		Accordingly, respondent argues, the trial court’s action in his case was the equivalent of a directed verdict of guilt on an offense (assault in the second degree while armed with a firearm) greater than the one for which the jury convicted him (assault in the second degree while armed with any deadly weapon).
		Accordingly, we reverse the judgment of the Supreme Court of Washington, and remand the case for further proceedings not inconsistent with this opinion.
	www.law.cornell.edu /supct/html/05-83.ZO.html (2241 words)

	Firearm case law - Definition, explanation
		This trend would continue throughout much of the latter half of the 20th century, until recent, thorough scholarly analysis of the context of the Second Amendment has begun to reverse this trend, and bring its interpretation more in line with the time of its conception (class="external">[1, [1]).
		Miller (1939) [1] - The only Supreme Court case which was directly related to the issues of the Second Amendment at the heart of the case.
		Louisiana (1968) [1] - A Supreme Court case which incorporated the Sixth Amendment right to a jury trial at the state level as required by the Fourteenth Amendment.
	www.calsky.com /lexikon/en/txt/f/fi/firearm_case_law.php (1952 words)

	POP: Indiana Protective Order Law > Caselaw (Site not responding. Last check: 2007-11-03)
		I note that the case relied upon by the majority was in a procedural posture opposite from that presented here.
		In this case, we have the opposite situation: the trial court denied the motion for relief, andthus, we owe that determination deference on appeal.
		In this case, the trial court found, and there was evidence to support the finding, that the Rameys believed, at the time the petition for protective order was filed, that Hill lived at the address to which they addressed service.
	www.law.indiana.edu /pop/law/caselaw (5030 words)

	Colorado personal injury trial lawyers - Chalat Law Offices (Site not responding. Last check: 2007-11-03)
		Typically, in a recreational accident case, the duty analysis requires either a combination of, or a reconciliation of statutory provisions, and traditional theories of foreseeability of harm and proximate cause.
		Balanced against the common law and statutory questions of duty and causation are the competing policy considerations of immunity, limitations of damages, and waiver.
		The case was remanded for trial, and settled shortly beforehand.
	www.chalatlaw.com /Updatereccases.html (2960 words)

	The Fifth Amendment, Self-Incrimination, and Gun Registration
		Consider a law that requires registration of firearms: a convicted felon can not be convicted for failing to register a gun, because it is illegal under Federal law for a felon to possess a firearm; but a person who can legally own a gun, and fails to register it, can be punished.
		This law was originally passed during the Depression, when heavily armed desperadoes roamed the nation, robbing banks and engaging in kidnap for ransom.
		I do not expect criminals to comply with this law; I do not expect the underworld to be going around giving their fingerprints and getting permits to carry these weapons, but I want them to be in a position, when I find such a person, to convict him because he has not complied.
	www.firearmsandliberty.com /cramer.haynes.html (1465 words)

	No. 1-01-0414, City of Chicago v. Taylor
		If the law bears a reasonable relationship to a proper legislative purpose and is neither arbitrary nor discriminatory, then the requirements of due process are met and the courts will not substitute their judgment for that of the legislature.
		First, the ordinance's definition of antique firearms is reasonable in light of the City's efforts to encourage firearms owners to register a firearm that is operable and capable of using commercially available ammunition, regardless of the weapon's age.
		The Chicago firearms registration ordinance's preamble establishes that the ordinance is an attempt to limit the proliferation and convenient availability of firearms, thereby promoting the health and safety of the citizens by reducing firearm-related deaths and injuries.
	www.state.il.us /court/Opinions/AppellateCourt/2002/1stDistrict/June/Html/1010414.htm (3093 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law.
		Any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred and twenty days of such seizure.
		(h) Whoever knowingly transfers a firearm, knowing that such firearm will be used to commit a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) shall be imprisoned not more than 10 years, fined in accordance with this title, or both.
	caselaw.lp.findlaw.com /scripts/ts_search.pl?title=18&sec=924 (872 words)

	BLM Wyoming Information Memorandum
		The Wyoming State Firearms Officer, District Ranger David Stimson, Worland District Officer, is responsible for certification of training of non-law enforcement personnel in firearms use, procurement, and management of firearms and ammunition.
		Firearms will only be issued and used by non-law enforcement personnel who have been authorized on a case-by-case basis by the Wyoming BLM State Director.
		Non-law enforcement employees authorized to carry or use firearms in the course of employment must demonstrate their shooting proficiency (80 percent or better) for each type of firearm used and qualify at least once a year.
	www.blm.gov /nhp/efoia/wy/1997im/wy1997-002.htm (718 words)

	MLC - Mayo Law Clinic: Domestic Violence Cases
		If probation (informal or formal) is granted in a case involving a second conviction within seven (7) years, save and except for good cause, the minimum sentence a person can receive is fifteen (15) days in county jail, plus the payment of fines and assessments, and added counseling.
		If probation is granted (informal or formal) in a case involving a third conviction within seven (7) years, save and except for good cause, the minimum sentence a person can receive is sixty (60) days in county jail, plus the payment of fines and assessments, and added counseling.
		The civil compromise law provides that when the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised.
	www.mayolawclinic.com /cases/domesticviolence.html (2274 words)

	Firearm Owner's Frequently Asked Questions
		The FOID card was created in 1968, by the FOID Act, as a way to identify those persons eligible to possess and acquire firearms and firearm ammunition as part of a public safety initiative in the State of Illinois.
		In addition to all other requirements, a person who is under 21 years of age must have the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition.
		Non-residents are subject to Illinois law, restrictions, and penalties, and should be familiar with them if the non-resident plans to bring a firearm into the state of Illinois.
	www.isp.state.il.us /foid/firearmsfaq.cfm (1487 words)

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