Virginia Gun Owners Forum - VGOF

....that the Virginia Continuing Legal Education folks would offer the following course:
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Firearms Law in Virginia

With a special presentation by Attorney General Ken Cuccinelli

Program Level: Basic-Intermediate
"(A) well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Explore all the issues:
• The United States Constitution
• Virginia Constitution Cases and Statutes
• Federal Gun Control Act
• Family Law and Juvenile Law
• Ethics Involved with Counseling Clients in Unlawful Firearms Possession
Plus: A Panel Discussion of Your Issues
COURSE PURPOSE

While the U.S. Supreme Court finally has recognized that the Second Amendment means what it says—"the right of the people to keep and bear arms, shall not be infringed"—literally thousands of federal, state, and local firearm restrictions are on the books. Explore the ramifications of these "sacred" rights, at both the federal and state levels. This seminar is intended to equip the criminal law practitioner with the ammunition needed to represent clients facing gun charges with creativity and competence.

At the conclusion, registrants will be afforded the opportunity to engage the panel in "hot button" issues and current developments.
COURSE SCHEDULE
8:30 Registration
9:00 The Right to Bear Arms Under the Virginia and United States Constitutions
Stephen P. Halbrook

"The right of the people to keep and bear arms, shall not be infringed," but which people and what arms are protected, and what laws and regulations may or may not constitute an infringement? Only recently have the U.S. and Virginia Supreme Courts fully begun to recognize this controversial right.
10:00 Break
10:15 Virginia Firearms Laws
Richard E. Gardiner

While Virginia has relatively few statutes governing the carrying, acquisition, and possession of firearms, the Commonwealth is not without regulation. The topics to be covered include:
• Carrying concealed weapons (penalties)
• Permit to carry a concealed handgun (statutory criteria for issuance; procedures for application, denial, revocation, appeal)
• Carrying while under the influence
• Restoration of firearms rights for convicted felons and persons committed to, but released from, mental institutions
• Purchase of firearms from licensed dealers (one handgun every 30 days; instant check)
• Places where firearms may not be possessed/carried
11:15 Break
11:30 Federal Gun Control Act
John Frazer

This session will cover the most common aspects of federal firearms law for the practitioner, including:

• Persons prohibited from possessing firearms, and how firearms rights can be restored
• Federal regulation of interstate commerce in firearms, including regulation of sales and transfers, and firearm dealer licensing
• Federal regulation of carrying and transportation of firearms
12:30 Lunch with Kenneth T. Cuccinelli, II, Attorney General of Virginia (lunch provided at live seminar only)
Recent Official Opinions and Virginia Court Cases (12:45–1:15)
Attorney General Ken Cuccinelli will review some recent opinions issued by this office on the subject of firearms and the Second Amendment. He also will discuss recent court cases, particularly DiGiacinto v. Commonwealth from the Supreme Court of Virginia, in which the Supreme Court of Virginia upheld a limited regulation of firearms on the campus of George Mason University.
1:30 Family Law and Juvenile Law Issues Involving Firearms
Hon. Michael J. Valentine

Due to the institutionalized negative of firearms ownership in cases involving child custody, adoption, and visitation, it has become virtual boilerplate content in any custody or adoption home study to alleviate the reader's assumed concerns by including "there are no firearms in the home."
How have we allowed that to be an issue? Nowhere in these studies is there listed the number of potentially dangerous household chemicals, stored gasoline, prescription drugs in unlocked medicine cabinets, etc. What is the institutional bias in social services that assumes firearms to be a negative and ignores other potentially dangerous items?
Other discussions include:
• How to handle juvenile firearms violations—what assumptions you need to avoid when presenting your case
• Dealing with a firearms owner in a domestic violence case
• Dealing with a law enforcement officer defendant in a domestic violence case—accentuating the positive
2:30 Stretch Break
2:40 Ethics: Counseling Clients in Unlawful Possession of Firearms
Stephen P. Halbrook and Richard E. Gardiner

Your client tells you that she has an unregistered machine gun, or that he has a felony conviction and possesses a firearm. What advice may you render to assist the client in coming into compliance with the law and avoid self-incrimination?
3:40 Break
3:45 Panel Discussion

Do you have a controversial issue on your mind? Bring your particular questions and issues for full panel opinion.
4:15 Adjourn
FACULTY
Kenneth T. Cuccinelli, II, Attorney General of Virginia / Richmond
John Frazer, NRA-ILA Research and Information Division / Fairfax
Richard E. Gardiner, Attorney at Law / Fairfax
Stephen P. Halbrook, Attorney at Law / Fairfax
Hon. Michael J. Valentine, Fairfax Juvenile & Domestic Relations Court (retired) / Fairfax

Due to the institutionalized negative of firearms ownership in cases involving child custody, adoption, and visitation, it has become virtual boilerplate content in any custody or adoption home study to alleviate the reader's assumed concerns by including "there are no firearms in the home."
How have we allowed that to be an issue? Nowhere in these studies is there listed the number of potentially dangerous household chemicals, stored gasoline, prescription drugs in unlocked medicine cabinets, etc. What is the institutional bias in social services that assumes firearms to be a negative and ignores other potentially dangerous items?

The most interesting part IMO! I have never been involved in a child custody case. Do such things really have great weigh?

I take it you have to be a member of the bar to attend?

Hopefully ken sticks up for us

Jakeiscrazy wrote:

Due to the institutionalized negative of firearms ownership in cases involving child custody, adoption, and visitation, it has become virtual boilerplate content in any custody or adoption home study to alleviate the reader's assumed concerns by including "there are no firearms in the home."
How have we allowed that to be an issue? Nowhere in these studies is there listed the number of potentially dangerous household chemicals, stored gasoline, prescription drugs in unlocked medicine cabinets, etc. What is the institutional bias in social services that assumes firearms to be a negative and ignores other potentially dangerous items?

The most interesting part IMO! I have never been involved in a child custody case. Do such things really have great weigh?

I have been in the middle of a child custody case; multiple times for the same child. While there were some unique aspects to the case, the subject of firearms never came up. Come to think of it, in the cases that involved my friends and their children, I don't believe that it came up, either.

Diomed wrote:I take it you have to be a member of the bar to attend?

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Not sure, but I think non-members might be admitted if (1) there are places available, and (2)they'll waive the one-week-in-advance registration rule (they very well may do that), and (3) you pony up the registration fee ($245 for advance registration w/o printed materials, $275 with, $290 on-site). You could call Virginia CLE at (800) 979-8253 and ask.

There's no way I could make the live version, but the taped presentation in December is a possibility. It's literally just down the street.

Diomed wrote:I take it you have to be a member of the bar to attend?

No. They'll take your money to have your butt in a chair - they don't care if you're not a lawyer.

I was there yesterday - it was a good CLE seminar. Cuccinelli got a standing O on his way out - a deserved one, IMHO. I don't necessarily agree with every single word that falls out of his mouth, but on gun rights issues, the guy is dead-on, 100% completely correct, as far as I'm concerned. Compared to a lot of mealy-mouthed, wishy-washy politicians when to comes to firearms, he is refreshingly direct and uncompromising. Of course, he knew he was addressing a very friendly audience on the issue. But I've seen him speak publicly a couple other times, and I've always come away impressed. I definitely could see voting for him for Governor - because of course, you know that's the next step for him.

I also met "user" there yesterday. Turned out he was sitting 2-3 chairs to my right, in the same row. I didn't realize it was him until he spoke up and expressed his reservations about the possibility of Virginia adopting Castle Doctrine legislation. I recognized the argument, having read it here just a few days/weeks ago. So at the break, I introduced myself and asked him, "Do you participate in the Virginia Gun Owner's Forum?" He said yes, so I said, "Are you user?" Yup. We had a nice chat.

BTW, the most surprising thing I learned yesterday is the regulations regarding adoption. If you're trying to adopt a child in Virginia, the applicable regulations require you to answer questions about whether you have firearms in your house. If the answer is yes, then they require the firearms to be kept unloaded and locked up (i.e., in a safe), with the ammunition locked up in a separate location.

Amazing! So with respect to your OWN kids, you can leave loaded handguns lying all over the house, as far as the adoption officials are concerned. But if you're going to adopt a kid, you have to lock up your guns, unloaded, and keep the ammo locked up in another separate safe.

Evidently, if you indicate you have a gun but do not keep it locked up and unloaded with the ammo locked up separately, they will not approve your adoption.

AND, as part of the adoption process, you also agree to be subject to later "home safety" inspections - in which they can inspect to make sure you're keeping your guns securely locked up as required.

Pretty amazing to me. So us pro-2A types evidently can't adopt. I keep most of my guns in the safe, but several of them are loaded (they won't do much good in the middle of the night when someone is kicking in my door if the'yre not loaded). And I sometimes keep my .45 loaded, cocked and locked, nearby my bed - not in the safe.

I have two teenage daughters and it's never, ever been an issue at all.

I currently have custody of my grandson. During the initial home inspection they asked if I had any firearms. I didn't at that time in fact. Since then they have done a few home inspections but the subject has never come up.