Gun Law in Indiana

Agenda / Content Covered

1. State and Federal Firearms Laws: What Attorneys Need to Know
   9:00 - 9:45, Kirk S. Freeman
   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. Indiana Concealed and Open Carry Law
   9:45 - 10:15, Kirk S. Freeman
3. Constitutional Components of Firearms Law
   10:30 - 11:10, Mark T. Abell
   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
   11:15 - 12:05, Mark T. Abell
   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
   1:00 - 1:45, Mark T. Abell
   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
   1:45 - 2:35, Marc Halata
   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
   2:50 - 3:40, Adam D. Turner
   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. Ethical Considerations When Representing Gun Owners or Dealers
   3:40 - 4:40, Evan Strater
   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

Accreditation Details:

Mark T. Abell is an attorney with the law firm of Jackson Kelly PLLC in Evansville. Mr. Abell is practicing with the litigation practice group, focusing primarily on general litigation. He earned his B.S. degree from the University of Southern Indiana and his J.D. degree from Indiana University Robert H. McKinney School of Law. Mr. Abell is also a burgeoning writer, having served as a writing tutor to law students and as a contributor and legal researcher for a published book, Gun Laws By State (2020 and 2021 editions).

Kirk S. Freeman is a sole practitioner who operates his own office in Lafayette, Indiana. Mr. Freeman previously served as a deputy prosecuting attorney for Tippecanoe County. He focuses his practice on legal matters involving criminal defense, divorce and administrative law. Mr. Freeman earned his B.A. degree from Indiana University and his J.D. degree from the Chicago-Kent College of Law. He is a member of the National Association of Criminal Defense Lawyers, the Indianapolis Bar Association, the Tippecanoe Bar Association, and the Indiana State Rifle and Pistol Association.

Marc Halata is a sole practitioner with The Law Offices of Marc Halata, LLC in Greenfield, Indiana. Mr. Halata specializes in NFA and firearm estate trusts, carry licenses, criminal, restoration of firearm rights, expungements, reductions of felonies, and estate law in Indiana and Kentucky. He is also the program attorney for U.S. LawShield in Indiana and Kentucky. Mr. Halata earned his B.A. degree from Purdue University and his J.D. degree from Northern Illinois University.

Evan Strater is sole practitioner with Strater Law, LLC in Westfield, Indiana. Mr. Strater worked for the Indiana State Police Legal Department and eventually became the supervisor of the Expungement Unit for ISP. In his more than four years of working for the Expungement Unit, he processed over 35,000 expungements, assisted legislators in revising Indiana's expungement law, settled disputes in interpretation of Indiana's expungement law between federal agencies and Indiana agencies, and brought change to the unit that reduced the processing time of expungement orders from several months to several days. Mr. Strater opened his own law firm to bring expungement relief to more Hoosiers than are currently being served. He earned his B.S. degree from Indiana University-Purdue University at Indianapolis and his J.D. degree from Indiana University Robert H. McKinney School of Law.

Adam D. Turner is a founding member of Turner Valentine, LLC. He practices in all areas of firearms law in addition to estate planning and probate, business transaction, municipal law and personal injury. Mr. Turner earned his B.S. degree from Taylor University and his J.D. degree from the Regent School of Law. He is a member of the Kosciusko County Bar Association and the Indiana State Bar Association.