Gun Law in Arkansas

Agenda / Content Covered

All times are shown in Central time

1. State and Federal Firearms Laws: What Attorneys Need to Know
   9:00 - 9:40, David A. Bailey
   1. Gun Law Update: Changes You Need to Know!
   2. Firearm Regulations at the State Level
   3. National Firearms Act of 1934
   4. Gun Control Act of 1968
   5. Firearms Owners Protection Act
   6. Brady Handgun Violence Protection Act
2. Arkansas Concealed and Open Carry Law
   9:40 - 10:10, David A. Bailey
3. Constitutional Components of Firearms Law
   10:10 - 10:50, M.B. Adelson
   1. The Second Amendment
   2. Other Amendments that Pertain to Firearms Law
   3. Gun Shows and the First Amendment
   4. Search and Seizure Issues and the Fourth Amendment
   5. The Taxing and Commerce Clauses
   6. State Constitutional Amendment
4. Title 1 Firearms and Their Regulation
   11:05 - 11:45, Aaron S. Cash
   1. Modern Firearms, Curios and Relics, and Antiques - Important Definitions
   2. Purchasing Requirements
   3. Form 4473
   4. Multiple Handguns and Form 3310.4
   5. Private Party Transfers and Gun Show Purchases
   6. Title 1 Firearms and Purchasers with Criminal Records and Restraining Orders
5. Title 2 Firearms: Unique and Misunderstood
   11:45 - 12:20, David A. Bailey
   1. What is a Title 2 Firearm?
   2. Tax and Purchase Procedures for Title 2 Firearms
   3. Transportation and Use Requirements with Title 2 Firearms
   4. Title 2 Firearms and Entities Exempt from Tax and Purchasing Requirements
   5. Determining if a Title 2 Firearm is on the NFA Registry
   6. Protecting and Transferring Title II Collections: NFA Gun Trusts
   7. Impacts of ATF Rule 41F
6. Firearms Dealers and Licensing Requirements
   1:20 - 1:55, Aaron S. Cash
   1. Procedures for Obtaining Federal Firearms Licenses
   2. Record Keeping Requirements for Firearms Dealers
   3. ATF Audits of Firearms Dealers
   4. The Special Occupations Tax and Becoming a Title 2 Firearms Dealer
   5. Curio and Relic Licenses: Their Functions and Limitations
7. Gun Ownership Legal Concerns
   1:55 - 2:35, M.B. Adelson
   1. Restricted and Prohibited Weapons
   2. Persons Prohibited from Possessing a Firearm
   3. Licensing Requirements and Penalties for Breaking Them
   4. Restoration of Second Amendment Rights
   5. Gun Confiscations by Local, State or Federal Officials
   6. Correcting Errors in NICS Background Check
   7. Rules for Transporting Weapons
   8. Understanding Reciprocity with Neighboring States
8. Liability Concerns for Gun Dealers and Owners
   2:35 - 3:15, M.B. Adelson
   1. Criminal vs. Civil Penalties for Firearm Injuries
   2. Protection of Lawful Commerce in Arms Act and Lawsuits Against Firearm Manufacturers
   3. Individual Liability in Accidental Shootings
   4. Child Access Prevention Laws
   5. Stolen Firearm Used in a Crime
   6. Self Defense; Lawful vs. Unlawful Uses of Force
9. Ethical Considerations When Representing Gun Owners or Dealers
   3:30 - 4:30, M.B. Adelson
   1. Exceptions to Attorney-Client Privilege Under Model Rule 1.6
   2. Attempt to Commit Crime or Fraud
   3. When Clients are a Danger to Themselves or Others
   4. How to Get Advice About Potentially Breaking Privilege

M.B. ADELSON, LL.M., is the managing member of the Law Offices of M.B. Adelson IV, P.A., in Tallahassee, Florida. He practices throughout Florida and consults nationwide on property and property rights law, natural resources (especially water) and environmental law; property title and boundary issues, easements, shoreline property rights and submerged lands; public lands, resource conservation, agriculture, protected species; fisheries resources; boat ramps, docks, marinas, and waterway access; local, state and federal regulatory agency licensing, permitting, compliance, and remediation; firearms ownership and firearms business laws; inheritance estates and trusts; business entity formation and operation; professional ethics; and administrative and judicial trial and appellate litigation. Mr. Adelson is a certified mediator, a member of The Florida Bar and is admitted in the Florida federal courts. He served in the Florida Department of Environmental Protection, the Florida Department of Natural Resources and has been in private practice since 2001. Mr. Adelson is a retired U.S. Army officer. He is a federal firearms license (FFL) holder and he advises and supports firearms owners, manufacturers, retailers, and shooting ranges. He is active in the FSU College of Law Environmental Law Society, Moot Court teams and other college and community related activities. Mr. Adelson holds a B.A. degree from Virginia Military Institute, a M.S. degree and M.B.A. degree from Florida Institute of Technology, and a J.D. degree and LL.M. degree from Florida State University College of Law. His LL.M. degree dissertation studied shoreline property rights and associated access/egress easements.

DAVID A. BAILEY is the founder of the Bailey Law Firm, P.A. in Siloam Springs, Arkansas. Mr. Bailey primarily practices in the areas of personal injury; divorce; adoption; child custody and support; criminal defense including DWI; corporations; and wills, trusts and estate planning. He is licensed in Arkansas and Oklahoma, and is fluent in Spanish. In May 2002, Mr. Bailey became the city prosecutor for Siloam Springs. From 2002 to 2009, he taught as an adjunct professor at the University of Arkansas School of Law in Fayetteville. From August 2009 to August 2011, Mr. Bailey served as a full-time visiting clinical assistant professor at the law school. He has also been a certified domestic relations mediator for the state of Arkansas since January 2010. Mr. Bailey graduated from Hendrix College with a B.A. degree and received his J.D. degree from the University of Arkansas in Fayetteville.

AARON S. CASH is an attorney with the Herrera Law Group in Rogers, Arkansas. Mr. Cash focuses his practice in the areas of criminal defense, personal injury, family law, and immigration. He received his B.S. degree from Northeastern State University and his J.D. degree from the University of Arkansas School of Law. Mr. Cash is a member of the Arkansas Bar Association, the Benton County Bar Association, the Oklahoma Bar Association and the W.B. Putman American Inn of Court. He is admitted to practice in Arkansas, U.S. District courts for the Eastern and Western districts of Arkansas, Oklahoma, and U.S. District Court for the Eastern District of Oklahoma.