I received a very interesting call about a month ago. It seems that the National Rifle Association needed a lawyer in Mississippi experienced with firearms and familiar with gun laws to refer litigation to on an “as needed” basis. The NRA’s Office of Legislative Counsel ran across my website, and we quickly formed a great relationship.
The NRA has since named me its “referral counsel” in Mississippi for NRA members that need help with gun issues, etc. I’m not a “gun nut,” but I’ve been around firearms my entire life. I can still field strip an M16A2 service rifle with the best of them, and so I gladly accepted the honor and responsibility of helping people with legal issues regarding firearms in the state of Mississippi.
Firearms are a part of our culture in this state. You don’t have to be in Mississippi long to know that it embraces the hunting/sporting ethos with great enthusiasm. And so the U.S. Supreme Court’s decision last year in District of Columbia et al. v. Heller met with little dissent in these parts.
After decades of speculation by analysts and court-watchers, the U.S. Supreme Court finally held that the Second Amendment to the Constitution protects an individual’s right to possess a firearm that is unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self-defense within the home.
The Second Amendment reads “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.” Gun control advocates have maintained forever that the second clause of the sentence is dependent on the first, so that the individual right to possess firearms is dependent on the existence of, or participation in, a militia.
The Court finally put an end to this long debate, holding that the Amendment’s first clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. See District of Columbia et al. v. Heller, 128 S.Ct 2783 (2008).
So, for now, it looks as if it will quite literally take an amendment to the Constitution in order to “pry [a Mississippian’s] cold dead fingers” from their favorite beloved firearm. Praise the lord and pass the ammunition. With that issue somewhat resolved, what kinds of trouble can you still get into with a firearm?
This is a partial list of crimes that have to do with possessing a firearm or explosive device:
- Carrying a concealed weapon
- Assault with a deadly weapon
- Possession of an unregistered gun
- Brandishing a firearm
- Unlicensed firearms
- Felon in possession
- Possession by a minor
- Unlawful discharge of a weapon
- Unlawful sale of firearms
- Carrying a concealed and loaded firearm in a vehicle
- Federal firearms violations, including possession of a machine gun or silencer
- Possession of assault weapons
These crimes can generally be pursued in both federal and state court. Some of these crimes are stand-alone offenses, and some are “enhancements” to other offenses. The penalties tacked on in the federal system for using a firearm in the commission of certain crimes are especially brutal.
A lawyer that knows about firearms can also help you with the loss and restoration of firearms possession rights, which can be forfeited as the result of a felony conviction, a domestic violence conviction, or other crimes. Your firearm itself may also be forfeited as the result of criminal charges, and a knowledgable firearms lawyer can help you with forfeiture issues as well.
So in summary I am proud that the NRA found me and has expressed their confidence in me to litigate firearms issues in this state. This will certainly irritate some of my more liberal friends, but I know they can get past it. If you find yourself in trouble, and there is a firearms issue with your case, call me and we’ll work the problem together.
If you or a family member have been arrested, or are under investigation in the state of Mississippi and you need help, give me a call at 601-991-1099. If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.
Or you can e-mail me at clarence@guthriefirm.com.
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Congratulations, I think!
I was wondering, just as it’s currently impermissible to comment on a defendant’s exeercise of his Fifth Amendment right not to testify, can it now be impermissible to comment on a defendant’s Second Amendment right to bear arms?
Prosecutor: Officer, what happened next?
Officer: Then the defendant pulled out his pistol, and . . .
Mr. Guthrie: OBJECTION, Your Honor, and move for mistrial. The State has commented on my client’s Second Amendment rights.
Judge: I’ll have to sustain that objection, counsel. Officer, give that man back his Nine and set him free . . .
I think you might be onto something. There are a few forums in this state where it might be, dare I say, “worth a shot.”
[...] big victory for gun owners. The first came in 2008, and I previously posted on that decision here. The first decision basically resolved the arguments that had been going on forever about [...]