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2nd Amendment and Right to Bear Arms/Questions
| Subject | Date Asked | Expert |
| 2nd | 7/26/2011 | Dan Haynes |
| Q: When the Gun Control Act of 1968 was implemented were it's effects felt retro actively? For ... A: Matt, Thanks for asking. The GCA act of 1968 was not felt retro active. It only was applied on ... | ||
| Handgun purchase delay in oregon. | 7/22/2011 | Dan Haynes |
| Q: I recently went to purchase a 22. cal Ruger. I have had contact with the Oregon state police and ... A: Steven, Thanks for asking. IMHO it appears that your drug possession charge could be the problem. ... | ||
| Handgun purchase | 7/7/2011 | Dean Speir |
| Q: I had a domestic violence charge 10 years ago but the charges were dropped in court. Will this ... A: Don't know Jeff… this is the Second Amendment category, not the Criminal Justice area. You'll need ... | ||
| Son has guns and I have a felony. | 7/2/2011 | Dean Speir |
| Q: I have a non violent felony pending while I am in drug court. Because of this I am on probation and ... A: Your intemperate response only serves to validate my previous answer to your inappropriate root ... | ||
| right to bear arms. | 6/29/2011 | Dan Haynes |
| Q: I plead guilty under article 893 to a cocaine residue charge in 2007 in Louisiana. I am going in ... A: Peter, Ask your lawyer this questions: If Louisiana has given you a pardon, why do you require an ... | ||
| Son has guns and I have a felony. | 6/28/2011 | Dean Speir |
| Q: I have a non violent felony pending while I am in drug court. Because of this I am on probation and ... A: It IS true… drugs make you stupid! How can you possibly consider this a Second Amendment question, ... | ||
| Purchasing a gun | 6/27/2011 | Dan Haynes |
| Q: Dan, My wife is a convicted felon in florida. We are currently living in Alabama where she is on ... A: Shane, Thanks for inquiring. If you cleared for purchase of a firearm before you married her, and ... | ||
| NYS Pistol Permit Revocation | 6/27/2011 | Robert P. Firriolo |
| Q: I applied for a unrestricted concealed carry and after all was said and done I was granted a ... A: Q1: Do I have grounds for a successful article 78 appeal to nullify the decision of the licensing ... | ||
| Trying to get my 2nd Amendment rights restored | 6/23/2011 | Dean Speir |
| Q: how can i get my 2nd amendment rights restored. I was arrested and convicted of something I did not ... A: #1: This is a Criminal Justice question, not a Second Amendment one. #2: What happened after your ... | ||
| Purchasing | 6/6/2011 | Dan Haynes |
| Q: In 1994 I was convicted of domestic violence in Alaska (no guns or weapons involved). I heard a ... A: Matt, Thanks for asking. Federal firearm laws state that DV charges will prevent firearms ... | ||
| Permit | 5/26/2011 | Robert P. Firriolo |
| Q: I obtained a New York State carry concealed permit in August of 2009. In October of 2009 I got a DUI ... A: A misdemeanor conviction for a crime carrying a maximum sentence of a year or less does not make ... | ||
| muzzleloader | 5/24/2011 | Robert P. Firriolo |
| Q: "Staten Island N.Y Resident wishes to purchase a muzzleloader though an internet dealer. May the ... A: A traditional muzzle-loading rifle or shotgun is not a "firearm" under federal law and thus does not ... | ||
| Confiscated Weapons in Maryland | 5/23/2011 | Dan Haynes |
| Q: I arrested about a year ago and was convicted of misdemeanor assault. At the time of my arrest the ... A: James, Thanks for asking. I was recently involved in a similar case. In order to get my weapon back ... | ||
| CHL with a SEALED record in Texas | 5/23/2011 | Dan Haynes |
| Q: In Texas: A person with Aggravated Assault with a Deadly Weapon receives Deferred Adjudication (13 ... A: Dale, I found these questions listed on a Florida CHL application form. Have you been convicted ... | ||
| constitution | 5/17/2011 | Robert P. Firriolo |
| Q: The constitution guarantees the right to bear arms. Government passed a law of felon in possession, ... A: The definition of "firearm" in the federal Gun Control Act appears at 18 U.S.C. sec. 921(a)(3): The ... | ||
| constitution | 5/16/2011 | Robert P. Firriolo |
| Q: The constitution guarantees the right to bear arms. Government passed a law of felon in possession, ... A: The barrel of a shotgun is not considered to be a "firearm" under federal law and thus one in ... | ||
| Can my wife have a gun in our house if I have a misd. assult charge? | 5/16/2011 | Dan Haynes |
| Q: Hey Dan, I have a misdemeanor assault charge from 11 years ago and have recently been denied the ... A: David, Yes your wife can have a gun as long as you do not have access to it. You both would be in ... | ||
| constitution | 5/14/2011 | Robert P. Firriolo |
| Q: The constitution guarantees the right to bear arms. Government passed a law of felon in possession, ... A: Passing a law stating that a felon loses his right to keep and bear arms is not a "change to the ... | ||
| roomates and firearms | 5/14/2011 | Dan Haynes |
| Q: Is a gun owner legally required to disclose the acquisition of a licensed firearm into a household ... A: Brandon, In your state that may be true. I have not heard of a requirement to disclose unless the ... | ||
| Permit | 5/12/2011 | Dean Speir |
| Q: I recently purchased (legally) a handgun. Do I need a concealed weapons permit just to keep it for ... A: Don't you think the time to ask this would have been before you made your legal handgun purchase? ... | ||
| Pawn shop firearm ? | 5/10/2011 | Dan Haynes |
| Q: I pawned 2 rifles and then got a assault charge against my wife. I have not been convicted but I ... A: Jack, Thanks for asking. If your wife has a clean record, yes she can pick them up.If you get ... | ||
| Restoring rights | 5/7/2011 | Dean Speir |
| Q: is it possible to get my 2nd amendment rights restored after being convicted of attempted grand ... A: It's not a "supposed felony conviction," Luis! It's an actual Felony Conviction! Doesn't matter how ... | ||
| I have a couple of charges from when I was a minor..... | 4/29/2011 | Dean Speir |
| Q: I'm unsure of what my charges when I was a juvenile, I've tried just about everything to get find ... A: This isn't the area for "Aging Juveniles with Bad Memories," or even the Criminal Justice process! ... | ||
| Buying of hand gun | 4/26/2011 | Dean Speir |
| Q: I bought a 22 rifle last year in Alabama and had no problem getting it. When I went to by a 22 ... A: John, you want a "private response?" Hire an attorney and pay his rate. Secondly, this isn't a ... | ||
| Gun Ownership | 4/26/2011 | Dean Speir |
| Q: When someone has a misdemeanor A filed with the family violence causing bodily injury charge and ... A: Heather, I've changed this to a public response because we serve here pro bono... want a private ... | ||
| Gun ownership | 4/23/2011 | Dan Haynes |
| Q: I had a Domestic Violence charge about 17 years ago in the state of Georgia.I live in Arizona now ... A: Jeff, A DV charge will prevent you from owning a firearm. Get legal help to file to expunge or ... | ||
| ccw permit | 4/16/2011 | Dan Haynes |
| Q: I have recently purchased 2 handguns in missouri but i have read that if you have had a felony sis ... A: Rob, Thanks for asking. Under Federal Law convicted felons cannot buy firearms, period. If you have ... | ||
| Can I own a gun | 4/6/2011 | Dan Haynes |
| Q: My husband and I went to purchase a gun, his was delayed I cleared and purchased my gun. I also ... A: Jessica, Thanks for asking. IMHO you can still own the gun and the gun dealer is putting the cart ... | ||
| NYS Pistol Permit and drug treatment | 4/4/2011 | Dean Speir |
| Q: I have currently picked-up my NYS pistol permit application and I am concerned about being ... A: As we all serve here pro bono publico, I changed this question and response to "public." Want ... | ||
| NYS CCW Permit | 4/2/2011 | Robert P. Firriolo |
| Q: I just recently moved from Fl to Oswego County NY. I aquired rifles from a relative who passed away. ... A: New York State does not require any permit or licenses to own rifles or shotguns. (New York City ... | ||
| Getting your gun rights back | 3/31/2011 | Dean Speir |
| Q: If you have previously have had a felony in Wisconsin,can you get your gun rights back if you go ... A: While this is not a Second Amendment question, Rebecca, I should tell you that you may not even be ... | ||
| ACDs & Federal Law | 3/31/2011 | Robert P. Firriolo |
| Q: Are recieving ACDs (Adjournment in contemplation of dismissals) for felony or domestic violence ... A: The answer to your first question is easy. There are no statutory disqualifiers in NYS law for ... | ||
| CCW in the workplace/work vehicle | 3/30/2011 | Robert P. Firriolo |
| Q: I am a contractor who works in a high crime area. I have no "physical" office. My van is my ... A: Federal law does not generally regulate the carrying of loaded firearms in vehicles. The regulation ... | ||
| Pistol Permit for Orleans County NY | 3/29/2011 | Robert P. Firriolo |
| Q: I have been a little uneasy about filing for my pistol permit. I do want and desire to do so, ... A: The standard firearm license application form approved by the NY State Police has a question that ... | ||
| Antique Revolvers | 3/27/2011 | Robert P. Firriolo |
| Q: I'm from Brooklyn, NY and a have a collection of antique percussion revolvers of Civil Was era. I ... A: When you say "I'm from Brooklyn, NY" I assume that means you live in New York City and are asking ... | ||
| ACDs & Federal Law | 3/17/2011 | Robert P. Firriolo |
| Q: Are recieving ACDs (Adjournment in contemplation of dismissals) for felony or domestic violence ... A: Assuming you are asking about New York law, an ACD is exactly what it says: an ADJOURNMENT in ... | ||
| Having a gun in the car without a LTCF | 3/17/2011 | Dan Haynes |
| Q: can you please clarify what the PA laws say about having a handgun in your car if you do NOT have a ... A: Dave, Thanks for asking. As far as I know you can carry a gun in your car without a license/permit. ... | ||
| NYS CCW restrictions | 3/16/2011 | Robert P. Firriolo |
| Q: Where can I find a reasonably complete listing of where one can and cannot carry a firearm in NYS ... A: I am not aware of any comprehensive listing of all such laws. Assuming that when we are talking ... | ||
| obtainig a class b ltc | 3/10/2011 | Dan Haynes |
| Q: I live in dedham MA and seven years ago i was areested in walpole MA, for possesion of marijuana. i ... A: Michael, Thanks for asking. There is a good chance because of it being drug related that it may ... | ||
| right to bear arms | 3/7/2011 | Robert P. Firriolo |
| Q: How does the state constitution trump the federal constitution on the rights to bear arms when ... A: I do not think your question can be answered as phrased. State constitutions do not "trump" the ... | ||
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2nd Amendment and Right to Bear Arms
Answers by Expert:
Dan Haynes
Top Expert on this page
Expertise
I will answer questions on the 2nd amendment from both historical and present day applications. I will answer questions on the right to keep and bear arms and the significance of this right. I will not answer questions that require legal interpretation or those that are outside of my areas of expertise.
Experience
I have studied the 2nd amendment from a historical view. I have certified as an NRA Range Safety Officer. I am a Federal Firearms License holder, and have a CCW permit. Since 2004, I operated my own gunsmithing shop and offer custom pistolsmithing services.
I have served a 4 year term as an elected offical on the Montrose Colorado City Council, becoming Mayor in my 4th year. I am well versed on the US Constitution and firearm laws.
Organizations
NRA, NAHC, M1 Garand Collectors Association
Publications
Smith & Wesson Club 1852 fall 2007 issue.
Education/Credentials
NRA hunter safety course, NRA Range Safety Officer training, Colorado CCW permit holder, Federal Firearm Licensee, professional pistolsmith.
Past/Present Clients
Valhalla Shooting Club
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