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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.
Topics include:
- 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”; vagueness problems with varied definitions; Second Amendment issues; and challenges to recent enactments. - Chapter 11. Exportation of Firearms
The Arms Export Control Act and ITAR; willfulness requirements; and exports controlled by the Department of Commerce.
Appendix: State Firearms Laws
Summaries of all state laws.
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