23rdAnnual National Firearms Law Seminar

Friday, May 14, 2021 - Houston, Texas

Specific Location: TBD

8:00 - 8:20 a.m.

Registration and Continental Breakfast

8:20 - 8:30 a.m.

Welcoming Remarks

Carol Frampton

Law Seminar Steering Committee Chair

Board Member, National Rifle Association of America

Chief of Legal Services for the National Wild Turkey Federation

8:30 - 10:10 a.m.

Session 1

Heller in the Lower Courts: Percolation or Resistance?

Aside from the 2010 McDonald case, which incorporated the right to keep and bear arms through the Fourteenth Amendment and applied it to state and local governments, the Supreme Court has largely left the implementation of the right to the lower courts where litigants have had little success expanding the scope of the right.

Is this because, as Justice Thomas has charged in published dissents from denial of certiorari, that lower courts are intent on seeing the Second Amendment join the ranks of "second class rights"?

Is this reticence the product of the signals that the Court itself sent in the Heller opinion?

Is it part of the ordinary percolation that occurs when the Court issues a potentially landmark opinion of uncertain scope?

Or is it some combination of all three?

I will survey the major post-Heller Second Amendment cases and speculate why the courts have moved so cautiously.

Professor Brannon P. Denning

Associate Dean and Starnes Professor of Law

Samford University Cumberland School of Law

Looking to the Future: The Second Amendment after NYSRPA v. New York

For ten years after McDonald, the Supreme Court (with one exception, a short per curiam) declined to grant certiorari in any Second Amendment case. New York State Rifle and Pistol Ass'n v. New York, argued in December, was the first case accepted since Justice Kennedy's retirement.

This presentation will focus upon the cases now pending in the judicial "pipeline" and from which the Court might choose its next grants. Included among these are cases challenging "may issue" permit systems for firearm ownership, challenging GCA68's ban on interstate sales as applied to residents of D.C. (which has only one licensed firearms dealer), and challenging the California "handgun roster" system, which restricts dealers to selling handguns the state has certified as "safe," and one posing the issue of whether prohibited possessors can bring Second Amendment "as applied" cases.

David T. Hardy

Attorney & Author

10:10 - 10:20 a.m.

Networking Break

10:20 - 12:00 p.m.

Session 2 - Legal Ethics

State Firearm Preemption Laws

State firearm preemption laws have been essential to preserving the right to keep and bear arms.

Recognizing this, those who wish to restrict this civil liberty have recently made widespread and sometimes coordinated attacks upon these protections.

This presentation will focus on the efforts made through the courts to undermine preemption statutes and the successful legal arguments made in defense of them.

Sarah Gervase
NRA Assistant General Counsel

Marketing Practices Liability in the Firearms Industry

Camden Webb will review the Protection of Lawful Commerce in Arms Act, the Connecticut Supreme Court’s decision in Soto v. Bushmaster, and new developments regarding the theories of potential liability for marketing of firearms.

Many firearms industry members are seeking guidance on understanding the severity of risks if they were to be named in a lawsuit stemming from criminal misuse of products.

Attendees will learn about the underlying statute, recent case law, best practices for monitoring and policing marketing strategies, and steps which can be taken by industry members to reduce risk of potential liabilities.

Camden Webb
Partner, Williams Mullen
Co-Chair of the Firearms Industry Group at Williams Mullen

12:00 p.m. - 1:00 p.m.

Special Lunch Presentation

Sanctuary Counties: More than Just Symbolism?

The movement by counties to declare themselves Second Amendment sanctuaries has caught fire across the nation.

Although many regard it as a purely symbolic response to overreaching gun control measures, the sanctuary county movement in fact poses a real barrier to gun control efforts at both the federal and state levels. Professor Glenn Harlan Reynolds explains why.

Professor Glenn Reynolds
Beauchamp Brogan Distinguished Professor of Law,
The University of Tennessee College of Law
Blogger at Instapundit.com

1:00 - 2:45 p.m.

Session 3

Red Flag Laws

We're hearing a lot these days about so called red flag laws.

These law are aimed squarely at using the mental health system to disarm gun owners. What are these laws all about? What laws are in effect nationally already and what laws are pending? How can we improve public policy to help people with temporary mental health issues who may also be gun owners?

This talk will explore the red flag landscape with an eye towards offering better language and better policies anchored in respect for due process, increasing public safety and respecting the rights of gun owners.

Jonathan Goldstein
Goldstein Law Partners, LLC

Terminal-Wound Ballistics: A Neurosurgeon’s Perspective for Lawyers

The lecture will include a review of the physiologic events in firearms related wounds (terminal ballistics).

Attention will also focus on the surgical/medical implications of such wounds.

A review of cases will expand on the realities and myths surrounding firearms and related wounds.

Such knowledge is not a part of traditional legal education but will be useful for attorneys.

Dr. Paul K. Maurer, M.D.
Chairman of Neurosurgery, Rochester Regional Health Systems
Professor of Neurosurgery, University of Rochester Medical Center
Medical Director, Treadproof Academy, Nunnelly, TN

2:45 - 3:00 p.m.

Networking Break

3:00 - 4:40 p.m.

Session 4

A Primer on the Law of Self-Defense in Tennessee

Self-defense is an important topic for lawyers who practice firearms law.

You never know when you’ll receive a fateful call from a client who has had to resort to the use of force in defense of themselves, their loved ones, or their property.

In this seminar, Mr. Fulks will discuss the law of self-defense in Tennessee. Topics will include the historical development of self-defense, the constitutional and statutory bases of self-defense, key court cases, and practical considerations in developing and presenting the defense at trial.

Mark A. Fulks
University Counsel, East Tennessee State University
Former Senior Counsel, Criminal Justice Division for State of Tennessee

How U.S. Export Controls Regulate Firearms and Ammunition

The U.S. company that chooses to engage in the business of exporting firearms or ammunition must be prepared to enter a murky pool of statutes and agency rules and regulations that may appear non-sensical, burdensome, and difficult to navigate.

This session will provide a comprehensive overview of the regulatory landscape governing the exports of firearms and ammunition, the types of authorizations and the licensing processes, the role of foreign policy, sanctions, and agency discretion in controlling exports, and the unique impact of politics into the export licensing process.

Johanna E. Reeves
Founder and Managing Partner, Reeves & Dola LLP

4:40 - 4:50 p.m.

Networking Break

4:50 - 5:30 p.m.

Session 5 - Legal Ethics

Ethics: Counseling Clients in Unlawful Possession of Firearms

A lawyer may not reveal information protected by the attorney-client privilege and may not counsel a client to engage in criminal conduct.

A lawyer may discuss the legal consequences of any proposed course of conduct.

How do these rules apply to advising a client in unlawful possession of a firearm based on (a) the client’s status as a felon, a person subject to a red flag order, or other legal disability or (b) the status of the firearm being unregistered, prohibited, or otherwise restricted based on its design or features?

Stephen P. Halbrook, Ph.D.
Attorney & Author

5:30 - 7:00 p.m.

Meet & Greet Reception

Learn More About the Seminar

View the full schedule for the most important Second Amendment seminar of the year. This full day seminar is packed with smart discussions, lively debates and career defining networking opportunities.

Review the biographies of our esteemed speakers before you arrive. The depth of knowledge from this incredible group of thought leaders makes this event one you should not miss.

This event is likely to sell out quickly. Register now to secure your seat at the table. Earn Continuing Legal Education Credits through the NRA Foundation's Firearms Law Seminar.

Can't Make The Seminar In Person?

Written study materials are available for purchase. To order the materials or ask for more information, call 1-877-NRF-LAWS or email us at lawseminar@nrahq.org.

The Annual National Firearms Law Seminar is the largest gathering of Second Amendment attorneys in the country.

The NRA Foundation is a 501(c)(3) charitable organization. Contributions are tax-deductible to the full extent allowed by law. The NRA Foundation Tax ID number is: 52-1710886