ADDITIONAL LEGAL RESOURCES (SECTION 2)

Welcome to the CalGunLaws Legal Research Resources pages, Section Two. These windows outline the collection of topical materials available through CalGunLaws that would not be covered by C.D. Michel’s Book, California Gun Laws, or by the supplemental Materials relevant to the chapters and subchapters of the book that are posted under those chapter windows in Section One of the CalGunLaws Legal Resources pages.

These windows contain additional materials relating to special areas of interest. These topics are generally not covered by the book, and so would not be properly categorized under a chapter or subchapter of the book. These topical materials are organized under their own topic headings in the CalGunLaws Legal Resources Section One.

If the materials in these windows do not answer your question concerning state or federal law, you may email your question to our office. Please click the “Submit A Free Case Evaluation” button located on the top right of this page. Send us your name, telephone number, and your question with as much detail as possible so that we may better assist you. Our staff will contact you concerning your question, discuss where to locate the information you are looking for and/or discuss options for retaining our services to assist you in answering your question.

CalGunLaws is always looking for information on firearms law issues that may by of interest. If you have opinion letters, training bulletins, memoranda, court decisions or similar materials that might be of interest to others, we encourage you to share these with us, along with any ideas to make the CalGunLaws resources and references pages more valuable. Submit materials through- admin@calgunlaws.com.

If you are aware of additional materials on these topics that are not posted here, you forward us a copy of those materials or direct us to them so that we may make this collection of materials as complete as possible.

Firearm Technology Basics

Glossary of California Penal Code Terms

Answers To Frequently Asked Legal Questions

Bureau of Alcohol, Tobacco, Firearms & Explosives 
Bureau of Alcohol, Tobacco, Firearms and Explosives FAQs

California Department of Justice – Firearms Bureau
California DOJ Bureau of Firearms FAQ’s
Top 10 Frequently Asked Firearms Questions and Answers
.50 BMG Rifle Registration FAQ’s
Assault Weapon Registration FAQ’s
California Firearms Licensee Check System FAQ’s
Firearms Dealers FAQ’s
Handgun Safety Certificate Program FAQ’s
Personal Firearms Eligibility Check Program FAQ’s
Public FAQ’s

Frequently Asked Questions

Q.     I Owned a Magazine Capable of Accepting More Than Ten Rounds Before the Law Took Effect On December 6, 2013. What Are My Legal Responsibilities?
By April 7, 2014, you should have removed the magazine from San Francisco, OR surrendered it to the San Francisco Police Department for destruction, OR sold or transferred it in accordance with the limited circumstances authorized by state law. Do not continue possessing the banned magazines within the city unless and until a court invalidates the ordinance.

Q.        What if I miss the April 7, 2014, Deadline to Surrender My Magazines?
Do not attempt to surrender them to law enforcement or City officials after April 7, 2014.
If you still possess banned magazines in San Francisco beyond April 7, 2014, you are in violation of the law. Attempting to surrender them to the authorities is ill-advised. Contact an attorney to discuss your options.

Q.        Can I Keep My Magazine at a Friend’s or Relative’s House Outside of San Francisco Instead of Selling Them to a Dealer?
Possibly, but you should be sure not to conduct an unlawful transfer of the magazine in violation of state law. Gun owners should take care to ensure that they are the only ones with access to the magazines (e.g., only the gun owner has the key to the safe that contains the magazines). If it is within your means, it is advisable to rent a storage space or acquire a safety-deposit box to store your magazines.

Q.        I Am Not a San Francisco Resident, But I Do Travel Through the City.
            What Should I Do With My Magazines?
Keep them at home if you know you will be traveling through San Francisco. Visitors to the city are not exempt from the ban. Merely keeping them locked up while you pass through will not necessarily protect you from criminal liability.  

Q.        What Are San Francisco’s Intentions Regarding Enforcement?

            Should I Be Worried About Police Knocking on My Door?

While it is impossible to predict the actions of city officials or law enforcement officers, it is clear that this ordinance will prove very difficult to enforce.

That said, if police visit your residence, it is important to remember not to let officers in unless they have a search warrant. If they don’t have a warrant, don’t consent to a search. Invoke your right to counsel by asking to speak with an attorney.  Otherwise, remain silent.  If they have a warrant, stand aside and let them in, but say nothing!                        

                 

 

Criminal Justice System Resources/Know Your Rights

Carrying Firearms or Weapons in Public/ Licenses/ CCWs

Reports on Effects of Licenses to Carry (LTC) Concealed Weapons in Public
Senate Bill 610′s New Requirements for Processing Applications for Licenses    to Carry Handguns Effective January 1, 2012
GAO Report on CCW: Highlights
GAO Report on CCW: Full Report

Materials Relating to FAQs and Helpful Links

UNLOADED OPEN CARRY (UOC) OF HAND GUNS AND LONG GUNS

Michel & Associates UOC Legal Memoranda

UOC Movement Documents

 

Legality of Specific Firearms and Devices

Ammunition Issues

Airsoft, BB Devices and Spotmarker (Paintball) Guns

Less Lethal Weapons

 

Michel & Associates Legal Memoranda
“Pepperblaster II” Is Illegal to Possess in California

Agency Opinions

LEO Training Bulletins
Coming Soon

Court Decisions of Interest
Coming Soon

Exotic Weapons/ Destructive Devices/ AOWs

Coming Soon!

Additional Firearm Law Topical Resources

Michel & Associates Legal Memoranda
Large Capacity Magazine Law Overview
Unsafe Handgun Act Summary – Coming Soon

Fireworks, Pyrotechnics, Special Effects and Explosives

Specialty Resources for Police/Law Enforcement Officers (LEO)

If these materials do not answer your question concerning state or federal law, you may email your question to our office. Send us your name, telephone number, and your question with as much detail as possible so that we may better assist you. Our staff will contact you concerning your question, discuss where to locate the information you are looking for and/or discuss options for retaining our services to assist you in answering your question.

Suggestions?
We are always looking for information of firearms law issues that may by of interest to law enforcement officials. If you have opinion letters, training bulletins, memoranda, or similar materials that might be of interest to other agencies, we encourage you to share these with us, along with any ideas to make this resources and references page more valuable to our law enforcement clients, potential clients, and friends.

California Dept. of Justice Law Enforcement Bulletins
[Coming soon]

Law Enforcement Officers’ Safety Act (LEOSA/ HR 218)

Free Stuff
LEOSA – Active LEO Advisory Cards
LEOSA – Retired LEO Advisory Cards
Frequently Asked Questions about LEOSA/H.R. 218
H. R. 218 as Amended by the National Defense Authorization Act, January 2, 2013
LEOSA: The Good, The Bad and the Ugly
H.R. 218 LEOSA Issues 
LEOSA Improvements Act
FDLE’s Questions and Answers Regarding HR 218 (10.2008)

State by State LEOSA Information
Alabama Attorney General Opinion re: LEOSA
California Dept. of Justice’s LEOSA Page
California Reserve Peace Officers and “Legal Status” Under the Law Enforcement Officers Safety Act of 2004
California Dept. of Justice Letter re:Retired Officer CCW Endorsements
Connecticut Dept. of Public Safety’s LEOSA Information Bulletin
Kansas Attorney General Opinion re: LEOSA
Louisiana Attorney General Opinion re: LEOSA
Maryland Dept. of Public Safety & Correctional Services Sample LEOSA    Policy
Michigan Commission on Law Enforcement Standards – LEOSA FAQ
North Carolina Attorney General Opinion re: LEOSA

Links on LEOS
Law Enforcement Alliance of America:  H.R. 218

Licences to Carry Concealed Firearms
Senate Bill 610′s New Requirements for Processing Applications for    Licenses to Carry Handguns Effective January 1, 2012

Unloaded Open Carry Law
The law firm of Michel & Associates, P.C. is pleased to offer these materials on the unloaded open carry of firearms in California to our law enforcement clients and friends.

We also ask that if you are aware of additional materials on this topic that are not posted here, you forward us a copy of those materials or direct us to them so that we may make this collection of materials as complete as possible.

Speciality Resources for Firearms Retailers & FFL's

 

The lawyers at Michel & Associates, P.C. have been helping firearm retailers and all classes of FFL for 20 years. We have helped hundreds of FFL’s to obtain licenses, establish Best Management Practices, fight local, state, and federal license revocation, proceedings, attend warning conferences, and work with government regulators to stay in business and stay profitable. We also assist FFL’s sued by customers or gun ban advocacy groups.

Based on our experience, we have learned that in advising an FFL, it is best to take a “holistic” approach. That is, treating one problem without addressing the proper functioning of the entire FFL operation typically results in a short term solution, but more problems down the road.

For this reason, Michel & Associates has teamed up with the FFL Guard service to assist FFL’s in California, and provides our services to FFLs through FFLGuard.

Promotional and Advisory Materials
Order Civil Rights Advisory Cards, Stickers, Magnets and Other Free Stuff!

Michel & Associates’ Legal Memoranda

Memo Re: Was It an Accident? Licensed Gun Dealers Can Lose Their     Licenses for “Willful” Violations of the Gun Control Act

BATFE Reference Materials and Resources for FFLs
>ATF Online Education Seminars
How to Become an FFL
Inspection Findings Presentation
Inventory Procedures for FFLs
Straw Purchase Case Study
Federal Firearms Licensee Quick Reference Best Practices Guide, ATF P     5300.15
BATFE Power of Attorney Form
ATF eForm 4473
EZ-4473 Software
ATF Publication 5400.15

California DOJ Firearms Bureau Reference Materials and Resources
California Firearms Licensee Check (CFLC)
California Firearm Dealer’s Frequently Asked Questions
California DROS Entry System
California DOJ DROS Cancellation/Correction Form
Firearm Dealer Acquisition System (FDAS)
U.S. DOJ ATF Security Checklist
California Department of Justice Information Bulletins

DOJ Bulletins
[Coming Soon]

Forms
Application for a Federal Firearm License
Proposition 65 Warning Flier

Court Decisions of Interest
Am. Arms Int’l v. Herbert
Armalite, Inc. v. Lambert
Article II Gun Shop, Inc. v. Gonzalez
Borchardt Rifle Corp. v. Cook
Jim’s Pawn Shop, Inc. v. Bowers
The General Store v. Richard Van Loan

Speciality Resources for Shooting Ranges

 

Call For Additional Assistance

If these materials do not answer your question concerning state or federal law, you may email your question to our office. Send us your name, telephone number, and your question with as much detail as possible so that we may better assist you. Our staff will contact you concerning your question, discuss where to locate the information you are looking for and/or discuss options for retaining our services to assist you in answering your question.

Suggestions?We are always looking for information of firearms law issues that maybe of interest to law enforcement officials. If you have opinion letters, training bulletins, memoranda, or similar materials that might be of interest to other agencies, we encourage you to share these with us, along with any ideas to make this resources and references page more valuable to our law enforcement clients, potential clients, and friends.

Due to the complicated nature of legal representation of Shooting Ranges, please contact our office.

562-216-4444562-216-4444

Submit a FREE Case Evaluation

Speciality Resources for Manufacturers and Gunsmiths

Michel & Associates Legal Memorandum
3D Printing of Firearms: Federal and California Law
ATF Interpretation of What Constitutes “Manufacturing” a Firearm
Obtaining Replacements for Defective Firearms

ATF Letter Rulings
BATFE Letter Re: SKS Carbines (Feb. 3, 2011)

2009-1 — Cosmetic Changes to Firearms Before Selling
Any person who engages in an activity or process that primarily adds to or changes a firearm’s appearance, by camouflaging a firearm by painting, dipping, or applying tape, or by engraving the external surface of a firearm, does not need to be licensed as a manufacturer under the Gun Control Act. Any person who is licensed as a dealer/gunsmith, and who camouflages or engraves firearms as described in this ruling does not need to be licensed as a manufacturer under the Gun Control Act. Any person who is engaged in the business of camouflaging or engraving firearms as described in this ruling must be licensed as a dealer, which includes a gunsmith, under the Gun Control Act.

2009-2 — Installation of “Drop-In” Replacement Parts to Firearms Before Selling 
Any person who installs “drop in” replacement parts in or on existing, fully assembled firearms does not manufacture a firearm, and does not need to be licensed as a manufacturer under the Gun Control Act. A “drop in” replacement part is one that can be installed in or on an existing, fully assembled firearm without drilling, cutting, or machining. A replacement part, whether factory original or otherwise, has the same design, function, substantially the same dimensions, and does not otherwise affect the manner in which the weapon expels a projectile by the action of an explosive. Any person who is licensed as a dealer, which includes a gunsmith, and who installs “drop in” replacement parts in or on existing, fully assembled firearms as described in this ruling does not need to be licensed as a manufacturer under the Gun Control Act. Any person who is engaged in the business of installing “drop in” replacement parts in or on existing, fully assembled firearms as described in this ruling must be licensed as a dealer, which includes a gunsmith, under the Gun Control Act.

2009-5 — Engraving Serial Numbers
Provides for licensed firearms manufacturers who perform a manufacturing process on firearms for, or on behalf of, another licensed manufacturer to forego the requirement of placing their serial numbers and other identification markings on firearms as required by 27 CFR 478.92(a) and 479.102(a), provided specific conditions have been met.

2010-8 — Consolidation Required Records for Manufacturers
ATF authorizes licensed manufacturers to consolidate their records of manufacture or other acquisition of firearms and their separate firearms disposition records.

2010-10 — Firearms Manufacturing Operations
This ruling allows licensed gunsmiths to perform manufacturing operations on behalf of a licensed manufacture or importer under certain conditions:  The firearms is (1) not owned, in whole or in part, by the dealer-gunsmith; (2) returned by the dealer-gunsmith to the importer of manufacturer upon completion of the manufacturing processes, and not sold or distributed to any person outside the manufacturing process; and (3) already properly identified/marked by the importer or manufacturer in accordance with Federal law and regulations.

Important Notice to Firearm Manufacturer Applicants (for Federal Firearms License)
In accordance with 33 U.S.C. § 1341, ATF Forms 5000.29, ‘Environmental Information,’ and 5000.30, ‘Supplemental Information on Water Quality Considerations,’ are required to be included with the ATF Form 5310.12 (Form 7) for those applicants/licensees whose activities may result in a discharge into navigable waters.  Navigable waters is defined by Title 33 CFR Part 32 § 329.4 as interstate waters including wetlands.

The determination of whether the forms are required is the responsibility of the applicant, but may be verified by ATF during the qualification or compliance inspection, or any other time.  Generally, the forms will be required for manufacturers only if the activity may result in a discharge into navigable waters.  If applicable, the forms will be collected by field office investigators during routine inspection. Once an applicant has provided these forms to ATF, they should maintain current and valid forms with ATF.

Court Decisions of Interest
Broughman v. Carver
Mr. Broughman, operating out of the basement of his home, purchased complete firearm ‘actions’ (frames or receivers with internal parts) from other firearm licensees (FFLS), and purchased rifled barrels from other sources. Broughman then threaded and chambered the barrels to fit the actions, blued (i.e. finished the surface coating)the actions, and made wooden stocks, which he fit to the actions and barrels.  No machining, drilling, or other alterations were done to the actions during this process. In July 2006, Investigator Carver conducted a routine compliance inspection of Mr. Broughman’s ‘gun shop.’  On July 31, 2006, Investigator Carver issued a Report of Violation to Mr. Broughman.  One of the alleged violations, which prompted the law suit, was a citation for failure ‘to obtain a license to manufacture firearms.’  Mr. Broughman was cited because the investigator observed Mr. Broughman assemble a barrel, a receiver, and a stock for a customer, and Mr. Broughman admitted that he had assembled firearms and then sold them for several thousand dollars. Mr. Broughman hired an attorney who asked the ATF to remove the violation from the Report of Violations, asserting Mr. Broughman did not need a manufacturer’s license for what he was doing. ATF responded that ‘[i]t is ATF’s long standing position that the business activities described in your letter and observed during the inspection of Mr. Broughman’s premises are considered to be manufacturing activities, necessitating a manufacturer’s license.’

Specialty Licenses and Permits

Coming Soon

Local Ordinances and Municipal Issues

Pending State Legislation

Federal Law

Federal Statutes
National Firearms Act 

Federal Regulations
Federal Firearms Regulations Reference Guide (2005)

BATF Publications
ATF Rulings
ATF Publications

International Law

Coming Soon

Text of Laws and Regulations

California Statutes
California Statutes

California Regulations
California Firearm Regulations

Federal Statutes
State Laws and Published Ordinances – Firearms, 2008, 29th Edition

Federal Regulations
Federal Firearms Regulations Reference Guide (2005)

Litigation and Case Tracker With Latest Decisions

Litigation Tracking Spreadsheet [coming soon]
If you are looking for specific documents filed in or relating to a past or present case,Michel & Associates, P.C. may have those documents posted on its back pages.

Michel & Associates Legal Memoranda
[
Fiscal v. San Francisco Victory Over San Francisco Gun Ban]

Legal Scholarship and Law Review Articles

Noteworthy Reports and Publications

Forms Bank

Experts Bank

Ballistics
Coming Soon

Range Design & BMP
Coming Soon

Lead Managemet
Coming Soon

Firearm Technology
Coming Soon

Use of Force

Regulatory Agency Links

California Highway Patrol
California DOJ Bureau of Firearms
Bureau of Alcohol, Tobacco, Firearms and Explosives
California State Bar

Civil Rights Associations And Forum Links

www.Calguns.net
www.CalGuns.net:  Open forums, one for gun law discussions.  Lots of subjects covered.

 

National Rifle Association
www.NRA.orgNational Rifle Association / Institute for Legislative Action Official NRA Website.  See “NRA Live!”
www.NRAILA.org
:  Official NRA Institute for Legislative Action website; complete research and reference section

California Rifle & Pistol Association
www.CRPA.org: California Rifle & Pistol Association. Fax or email questions here!

California NRA Grassroots
www.CalNRA.com: California’s NRA Members’ Councils Grassroots Website. Political Action Tools! Sign up for California legislation/election alerts!

NRA California Grassroots and Member’s Councils
California Rifle and Pistol Association Foundation

Gun Owners of California
Gun Owners of California Sacramento, California. State affiliate of Gun Owners of America. California election oriented, but has state law references.

National Shooting Sports Foundation

Safari Clue International

FFLGuard

CalGuns Foundation

Second Amendment Foundation

USCCA
The United States Concealed Carry Association

External Legal Resources Links

Chronology Of Gun Control

Coming Soon


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