Understanding Firearms Law: Navigating Carry Regulations, Self-Defense Principles, and Expungement Strategies for Attorneys

Kevin L. Jamison | Jamison Associates

Kevin L. Jamison has been an attorney in private practice since 1983 doing a criminal, immigration, divorce, and general practice with a concentration in the area of weapons and self-defense. He is a veteran of four years Infantry service, two of them in Special Forces. Widely published on weapons and self-defense matters including Missouri Weapons and Self-Defense Law he co-produced the DVD Missouri Concealed Carry and Self- Defense Law. He is a longtime advocate for gun owners.

Speaker and Instructor

Kevin frequently speaks on law, personal security, and firearms related issues. He has helped teach the Western Missouri Shooters Alliance (WMSA) personal protection course since its inception, primarily the legal instruction. He taught undergraduate courses in criminal law, law and society, and law and terrorism at Avila College (now Avila University). Kevin moderated the Missouri Bar’s class on immigration law in June, 2001. Kevin has presented firearms Continuing Legal Education classes for the Missouri Bar Association and the Missouri Association of Criminal Defense Lawyers.

Writer

Kevin has written a number of articles on various legal topics. His article, “Concealed Weapons and the Travelers’ Defense” was published in the March-April, 2000 Journal of the Missouri Bar. He wrote the WMSA “Stay Out of Jail Card” summarizing weapons and self-defense law. Kevin created the WMSA video “Missouri Weapons and Self-Defense Law”. He is the author of Missouri Weapons and Self-Defense Law. Kevin contributed a chapter, “Bowie Knife Law”, to Bowie Knives and Bayonets of the Ben Palmer Collection. A Special Forces (“Green Beret”) veteran, he reviews books on unconventional warfare, terrorism, prisoner of war, and third world affairs for the Army’s Military Review magazine. Kevin has created a DVD titled “Missouri Concealed Weapons and Self-Defense Law”. He has a regular column in Concealed Carry Magazine titled “It Doesn’t Have to Make Sense, It’s Just the Law”.

Activist

Kevin is a member of the Missouri Bar Association, the Clay County Bar Association, the Special Forces Association, the National Rifle Association, the Second Amendment Foundation, Western Missouri Shooters Alliance, and Missourians for Personal Safety.

Kevin helped to found the Western Missouri Shooters Alliance in 1989 and has been active on the Board of Directors since that time. He was Vice-President for one year, President for three years, Secretary for two years, and is currently Press Officer. He was a founder and the first chairman of the Missouri Legislative Issues Council (Now Missourians for Personal Safety) which has led the fight for a License To Carry law in Missouri since 1991.

I. Firearms Carry Laws | 12:00pm – 12:20pm

• Sometimes only guns
• Sometimes only handguns
• Open carry
  • State resident’s only
  • Out of state residents
  • Permitted if have license to carry
    • If have license required to show on demand
• Concealed carry
  • “Permittless”/Constitutional Carry
    • State residents only
    • Anyone legally owning a gun
    • 18-21 years old?
  • License to Carry
    • Various names
    • Governed by state law
  • Reciprocity
    • See www.USCCA.com
    • Not on Indian Reservations

II. Elements of Self Defense | 12:20pm – 12:40pm

• See Andrew Branca www.LawofSelfDefense.com
• 5 elements
  • Innocence
  • Imminence
  • Proportionality
  • Reasonableness
  • Avoidance
• All
  • Important
  • At the same time
• Fear of life
  • JAM elements
    • See Stay out of jail card
    • www.WMSA.net

III. Stand Your Ground Laws | 12:40pm – 1:00pm

• All states have
  • Statute
  • Court decision (“American rule”)
• Means only one thing
  • JAM elements exist
  • You don’t have to retreat
• Muddled by media
  • Shoot if scared
    • 5 elements must exist
  • Shooting in back
  • Disobey police officer

Break | 1:00pm – 1:10pm

IV. Expunge Criminal Records Related to Firearms | 1:10pm – 1:25pm

• FEDERAL
  • Statute to restore rights
  • Not funded in 30 years
  • No money to buy paper to write restoration
  • Rt w/o remedy
    • Refusal to fund a denial?
    • Basis to appeal to courts?
    • The US Supreme Court said no
    • U.S. v Bean, 10 December 2002
• STATE
  • Mo places person
    • Back in position before crime
    • Washed in the blood of the lamb
  • Dangling participle
    • If commit new crime after expungement
    • Expunged crime can be used to enhance sentencing
    • Feds consider not a complete expungement
    • State of Wyoming ex rel Crank v United States, 539 F.3d 1236 (10th Cir.
      2008).
    • Successful Lawsuit
      • Kansas City Fed Magistrate
      • Force accept

V. Rights of Gun Owners | 1:25pm – 1:40pm

• Bruen decision
• Historical standard
  • Restrictions
    • Indians
    • Slaves
    • Quakers
  • Weapons
  • Even unknown to founders
  • Stun gun Caetano v Mass 577 U.S. 411 (2016)
  • Constitution protects rights not technology
• Resistance
  • Ignore
  • Defy

VI. Selling Firearms | 1:40pm – 1:55pm

• Dealers
  • Love
  • Guns
  • Gun people
    • Need to be like Certified Public Accountants
• Bad News
  • Anyone can be a dealer
  • For many years 18 USC section 921(a)(21)C
  • has defined being a dealer in firearms.
    • “with the principal objective of livelihood and profit.”
    • The new law strikes this definition and inserts
    • “to predominantly earn a profit.”
    • new law goes on to add subsection (21)
      • defining the term as meaning the sale or disposition of firearms
        (plural)
      • predominantly for pecuniary gain
      • as opposed to liquidating or improving a gun collection
• Evidence
  • Mult sales
  • Keeping records
  • Not include liquidating a collection
• Defense
  • Sell through licensed dealer
  • Bill of sale

VII. Firearms law | 1:55pm – 2:10pm

• Political
• Emotional
• Many facets
• Lots to understand
• So there will be more seminars