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This one-day seminar is designed for attorneys, paralegals and other legal staff, police chiefs, training officers, government administrators and police officers.
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Firearms Law - Navigating The Legal Minefield  

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This one-day seminar is designed for attorneys, paralegals and other legal staff, police chiefs, training officers, government administrators and police officers.

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Seminar Summary:

This seminar will provide attendees with information on the sources and history of firearms laws, search and seizure, civil rights issues, legislative updates and a few horror stories. (see full course description)

 
 

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Training Course Syllabus:


It is estimated well over 50% of Utahns have guns in their homes. Utah's Constitution is possibly the strongest statement of the right to keep and bear arms in the nation. The experienced faculty will provide information on the sources and history of firearms laws, search and seizure, civil rights issues, legislative updates and a few horror stories.

Seminar highlights:

  • How could my advice to a criminal or domestic relations client cause that client to unknowingly commit a felony and blame me for failing to advise him/her properly?
  • How could my stipulating to a mutual protective order create an immediate felon of my domestic relations client? Is there anything I can do to prevent this?
  • The Utah legislature intended the crime of disorderly conduct to be a 'safe haven' plea from a charge of domestic violence (the statute purportedly allows the pleading defendant to possess a firearm). How could relying on this statute and advising my client to plead to disorderly conduct have disastrous, life-long consequences for my client and subject me to a malpractice suit?
  • How do I draft protective orders and negotiate criminal charges to protect my client's right to hunt with a bow and arrow? With a muzzle loader? With a 'firearm'?

Learning objectives:

  • The attendee will be able to discuss overview of firearms law in Utah.
  • The attendee will be able to identify search and seizure laws that relate to firearms.
  • The attendee will be able to review the role of the Bureau of Criminal Identification with firearms laws.

9:00 a.m. - 10:30 a.m.

I. Utahns Cherish The Right To Keep And Bear Arms And Expect To Receive Competent Advice From Their Attorneys To Preserve That Right When Possible

A. It Is Estimated Well Over 50% Of Utahns Have Guns In Their Homes

1. 2004 Over 60,000 Deer Hunters

2. 2000 - 102,950 Big Game Licenses Sold

3. 2000 - 85,931 Small Game Licenses Sold

4. 2004 Well Over 60,000 Concealed Weapon Permit Holders

5. Jury Composition

B. Utah's Constitution Possibly The Strongest Statement Of The Right To Keep And Bear Arms In The Nation

1. Article I, § 6

2. Amended And Approved In 1984 By A Huge Margin

II. Sources Of 'Gun Law'

A. Estimated 20,000 Federal And State Statutes On Firearms Law

B. Federal

1. Gun Control Act of 1968: 18 USC 921-930.

C. State

1. Utah Weapons Code 76-10- 500 et. seq.

III. Criminal Law Horror Stories About The Legal Minefield

A. Felon In Possession

1. Felony

2. Misdemeanors And Domestic Law Issues

3. Constructive Possession (Spouse Of Prohibited Person)

B. Travel Issues

1. Gun Owner's Protection Act

C. Hunting Issues

1. Prohibited Persons

2. Felonies For Inadvertent Violation Of Certain Hunting Codes

D. Expungement

1. Cleansing Your Client's Criminal Record

2. The Impossibility Of Expunging Federal Felonies

IV. Employment Law

A. Issue – Carrying A Firearm For Self Defense To And From Work

1. Hansen v. AOL

B. Public Entities (Defer To Brent Burnett For U Of U Case Issues)

V. Trespass

A. Schools And Churches

B. Private Businesses

C. Possible Defenses

10:30 a.m. - 10:45 a.m.

Break

10:45 a.m. - 12:15 p.m.

VI. Fourth Amendment Issues (Search And Seizure)

12:15 p.m. - 1:15 p.m.

Lunch (On Your Own)

1:15 p.m. - 2:00 p.m.

VII. Civil Rights Issues For City And County Attorneys

A. How Can Ordinances That Conflict With The States Firearms Laws Set My Jurisdiction Up For A Civil Rights Law Suit? Tort Lawsuit Because Of A 'Special Relationship' Or 'Negligent Undertaking?'

B. False Arrest - Confusion By Police Officers About Firearms Laws

1. Concealed Weapon Permits And Loaded Guns In Vehicles

2. Open Carry - The Bureau Of Criminal Identification Has Recently Changed Its Advice About CCW's Carrying Openly

2:00 p.m. - 3:00 p.m.

VIII. Legislative Process – For And Against Firearms Proposals

3:00 p.m. - 3:15 p.m.

Break

3:15 p.m. - 4:00 p.m.

IX. The Role Of The Bureau Of Criminal Identification And Firearms Issues

A. Concealed Weapon Permits

B. Requirements

C. Conditions Of Revocation

D. Suspension

E. Denial

F. Statistics

G. Plea Bargaining Cases To Preserve Person's Right To Keep Concealed Weapons Permit Or Right To Keep Or Bear Arms

4:00 p.m. - 4:30 p.m.

X. Questions And Answers

Seminar Summary:

This seminar will provide attendees with information on the sources and history of firearms laws, search and seizure, civil rights issues, legislative updates and a few horror stories. (see full course description)

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