Wednesday, December 29, 2010

Gun Rights Attorney Derek DeBrosse on NRA News

Gun rights attorney Derek DeBrosse will be speaking on NRA news tonight (December 29, 2010) at 9:40 PM Eastern time. The discussion will focus on the recent Cleveland case and the case Derek has filed for his client OFCC against the city of Campbell.

Cleveland Case Decided - Cleveland Loses!

Today the Ohio Supreme Court released its opinion in Clevland v. Ohio, 2010-Ohio-6318. The case originated when the City of Cleveland brought suit against the State of Ohio for its "pre-emption" statute under Revised Code 9.68 of Ohio law. The Ohio Supreme Court held that 9.68 is, in fact, constitutional and does not infringe on local municipality constitutional rights. The issue had already been decided in Ohioans for Concealed Carry v. City of Clyde, yet the City of Cleveland decided to take the matter up once again.

As general counsel for Ohioans for Concealed Carry my office has been eagerly anticipating this decision. Currently Ohioans for Concealed Carry is arguing an ancillary issue to 9.68 in the County of Mahoning. Stay tuned for further updates.

Tuesday, December 28, 2010

NJ Man Set Free by NJ Governor on Weapons Violation.

A New Jersey Man was set free recently after being convicted of violating NJ's barabaric gun restrictions. Brian Atkin was convicted in a NJ court for violating the state's firearm transportation provision - the Judge sentenced him to 7 years in prison. Governor of NJ, Chris Christie, granted Mr. Aitken's clemency application and now the case moves up the appeals ladder to vindicate Mr. Aitken's name.

Ohioan's should also be aware of some of our state's more nuanced laws, especially those concerning the trasnportation of firearms in a motor vehicle. If you are intending to travel with your firearms and are unsure or unaware of what the Ohio law says about transporting guns in cars please call my office to set up a consultation.

Monday, December 27, 2010

The Business of Firearms

As an Ohio Gun Law Attorney and business attorney I often assist my clients with simple liability protection. If you or someone you know are considering the prospects of starting a business in this industry (for instance as an NRA instructor) it is imperative you have counsel who understands not only the federal licensing requirements but also some basic pitfalls from a planning perspective. My office offers several options for the small business owner - from a monthly fee agreement to a flat rate incorporation and liability protection service I am here to assist you grow your business.

Sunday, December 12, 2010

Disabled or Not?

As an Ohio Gun Lawyer I routinely keep abreast of case law across the state. A fellow attorney recently sent to me the case of State v. Marinko Thomas. Ohio Revised Code 2923.13 prohibits individuals in the State of Ohio from owning firearms if they have been convicted of ANY crime involving a drug of abuse. Historically this includes crimes from possession of small amount of marijuana to paraphernalia crimes. This has always caused great challenges for law enforcement officers and law abiding citizens who simply made bad decisions in their youth. Cuyahoga County Judge Brian Corrigan, however, ruled in the above case that the law is unconstitutional as it fails to serve a compelling governmental interest. My office has routinely assisted individuals facing such charges and is available to discuss such disability if the need shall arise. Contact my office today for a consultation on this and many other gun related matters.

Wednesday, November 17, 2010

Disability?

Ever heard someone say they suffer from a firearms disability? What many people refer to when they recite those words is that they are unable, by law, to possess firearms. If you think you may be suffering from such a disability you need competent legal counsel who knows the ins and outs of both state and federal gun law - anything else and you could end up wasting a great deal of money and time. There are many disabilities under both Ohio and Federal law, the most common of which include:

-Convictions that are eligible for more than a year in prison
-Convictions involving drugs
-Domestic violence
-Protection orders

If you think you may have an issue please call today so we can begin assessing your options in an increasingly confusing labyrinth of gun laws.

Sunday, October 03, 2010

Firearms Law CLE October 15th

On October 15, 2010, the Columbus Bar Association has invited my office to assist in hosting a firearms continuing legal education course worth 3 hours of CLE credit to local attorneys. Non attorneys are welcome to attend as well at a reduced rate. The CBA has been extremely helpful in educating the local bar in such a complex and nuanced area of the law. The speakers at this highly anticipated follow up to last year's CLE will be Assistant Attorney General Jon Fulkerson, Assistant Franklin County Prosecuting Attorney John Litle, local attorney Michael Moran, and Derek DeBrosse. Topics to be covered will be Federal Firearms Licensee representation, updates in legislation, and the Ohio Administrative Procedures act as applied to the concealed carry licensee.

Sunday, September 05, 2010

Will I Lose My Job?

As an Ohio Gun Lawyer I have defended gun owners charged with firearm crimes who also posses various licenses for their professions. These professions range from teaching to insurance. If you are charged with a serious firearm crime it is essential that you obtain competent counsel to not only defend you on the criminal charges but to also ensure your professional license remains intact so that you can continue to earn a living. My office is available to discuss these issues with you should you need to obtain such advice.

Update on Concealed Carry Bills.

Senate Bill 239 which allows for concealed carry licensees to carry concealed firearms into liquor establishments as long as they are not consuming alcohol has passed the senate and is currently sitting in the Ohio House of Representatives. Additionally, the Senate also passed SB 247 which brings state law into line with federal law on restoration of rights for gun owners.

With elections looming it will be interesting to see what the Democratic party in Ohio (which got elected largely on a pro-gun stance) will do with these bills. Governor Strickland has already indicated a willingness to sign these bills but will not be able to do so unless they are placed in front of him.

As an Ohio Gun Lawyer I continue to work diligently on keeping apprised of all changes in our gun laws. Please stay tuned for further updates on the law.

Saturday, July 31, 2010

Calling All Attorneys! New Firearms CLE this October.

Last year the Columbus Bar Association invited my office to assist in teaching a continuing legal education course specifically on firearms law. It was a huge success. Due to the favorable response it is being held again on October 15, 2010 at 1:30pm in downtown Columbus, Ohio. Visit the CBA for more details. The speakers include Jon Fulkerson of the Ohio Attorney General's office, Michael Hughes of the Franklin County Prosecutor's office, and Michael Moran a local gun rights attorney.

Class 3 Firearms - Yes You Can!

As an Ohio Firearms Attorney I am oftentimes asked about the legality of title II Class III firearms. Essentially a title II class III firearm is an item such as a silencer (commonly referred to as "cans"), machineguns and certain other novelty firearms. As a Columbus Gun Lawyer I offer what is commonly referred to as a Gun Trust. Essentially, the benefit of this type of trust is that it avoids fingerprints, photographs, the CLEO (Chief Law Enforcement Officer) authorization, and speeds the process up of obtaining the item. In certain communities the chief law enforcement officer refuses or places additional burdens on gaining their authorization which is required by federal law if an individual is purchasing the item. The gun trust avoids the CLEO. Moreover, the gun trust allows for the appropriate handling of the weapon through the estate at death, thereby avoiding any potential violations of federal law. Call my office to schedule an appointment to learn more about your options in obtaining these types of firearms.

Monday, July 05, 2010

An Attorney in Your Back Pocket.

As a Columbus Gun Law Attorney I am oftentimes asked if I can be retained on a monthly fee. I tell prospective clients that they should call my office to schedule an appointment with me so that I can open a client file. This allows for the client to get a better understanding of what I provide and also gives them reassurances that I am available when they need me at no cost until then. I tell them to simply keep my card in their wallet/purse and to call if something happens. It is ultimately up to the client as to whether they want to pay hundreds of dollars for something they may or may not need. It is my office's policy to work with my client's on all levels to include their finances. Should you ever need a gun law attorney my office is here to assist you in any way that we can.

Wednesday, June 30, 2010

Democrats Unsuccessful in Soliciting Ohio Gun Right Votes

Recently the Ohio Democratic party attempted to gather the personal information of the 200,000 plus registered concealed handgun licensees. The Democratic Party made a public records request pursuant to an Ohio law that allows "journalists" to gather such information for dissemination to the public alone. They were unsuccessful in their attempts and later rescinded the request after realizing they were not an eligible party to such information. It is clear that their objective was to solicit the gun right movement in the upcoming elections - in particular the gubernatorial election in which Ted Strickland is in a heated campaign against John Kasich.

As counsel for OFCC and a Columbus Gun Rights Lawyer I made comment on behalf of my client with regards to an article posted in the Cleveland Plain Dealer.

This upcoming election is pivotal and it is clear that given the recent successes in both Ohio and within the federal government that the gun right vote is pivotal to winning the upcoming elections.

Monday, June 28, 2010

Victory In The Supreme Court

Today the 2nd Amendment to the United States Constitution was held to apply to the individual states as well as the federal government. Writing for the majority, Justice Alito wrote that the "Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller". As a local gun rights lawyer this case has been on my radar for quite sometime. You may read the opinion here: Opinion.

Thursday, June 17, 2010

Restoring Your Rights

As an Ohio Gun Lawyer I receive a variety of calls from clients needing all sorts of legal assistance, whether it be the formation of an NFA Trust or a criminal matter. The most common, however, is the client who calls and tells me they have been delayed on a NICS check for purchasing a firearm. The conversation oftentimes results in me telling the client they can not own guns AT ALL under either federal or state law. If you believe this may be an issue for you or a friend do not hesitate to call my office so that we can put into place the proper procedures to safeguard your rights.

Monday, June 14, 2010

Listen to "Trigger Time with Joe Barrett"

As a gun lawyer I always do my very best to make sure the citizens of Ohio are aware of the laws that surround their firearm ownership. This Sunday, June 20th, at 6 pm I will be a guest speaker on Trigger Time with Joe Barrett. I will be discussing various issues surrounding gun law and answering call in questions. The radio show can be found at 55KRC Cincinnati located at 550AM on your radio dial.

Tuesday, June 01, 2010

Restaurant Carry Passes the Senate!

After months of waiting Ohioans for Concealed Carry in conjunction with the Buckeye Firearms Association and National Rifle Association achieved a small victory in the battle for Ohio Restaurant Carry. The Senate passed SB 239 which allows for concealed carry licensees to carry concealed firearms into liquor establishments as long as they are not consuming alcohol. The bill also brings with it additional provisions which allow a licensee to carry a concealed firearm more readily in a motor vehicle.

As an Ohio Gun Attorney I have worked diligently with Ohioans for Concealed Carry to ensure the interests of Ohio gun owners are made known to our elected officials. Even with aggressive opposition to this legislation gun owners have united and made their voices heard. As a Columbus Gun Lawyer it is always an honor to represent citizens who understand the necessity of preserving our 2nd Amendment rights.

Additionally, the Senate also passed SB 247 which brings state law into line with federal law on restoration of rights for gun owners.

Both of these bills are essential to alleviating the confusion that exists within the Ohio Weapons Control Act and brings state law not only in line with federal law but also with the majority of other states. The bills now head over to the Ohio House of Representatives for their approval.

Sunday, May 02, 2010

Concealed Carry Law Update

Recently Ohio Senators Jones and Schaeffer introduced Senate Bill 239 which would substantially improve Ohio's concealed carry laws. Senate Bill 239 permits a concealed carry licensee to possess a firearm on premises that have class D liquor permits as long as they are not consuming alcohol or are intoxicated. This law would bring Ohio into line with a majority of other states that recognize concealed carry. The bill would also lessen restrictions on improperly handling firearms in a motor vehicle as applied to concealed carry laws.

Local gun rights organizations and the NRA have been working diligently on seeking this change in the law for some time. The necessity for law abiding Ohioans to be able to protect themselves and their loved ones in locations that have class D liquor permits is an important one and one that gun owners in the state have anticipated for a long time. Check back for further updates on the bill's progression.

Thursday, February 18, 2010

Firearm Law CLE a Great Success!

On February 17, 2010 the Columbus Bar Association hosted "Shots Fired: Firearms Law" continuing legal education course at their offices in downtown Columbus, Ohio. The turnout was great with more participants attending than anticipated given the recent blizzard like conditions.

All of the speakers performed exceptionally. Mr. Fulkerson led the way with an hour seminar on the Ohio Weapons Control Act followed by Mr. John Litle who brought his experience as a Franklin County Assistant Prosecuting Attorney to the event. After a mid session break attorney Derek DeBrosse spoke extensively about the Federal Gun Control Act and some pitfalls that attorneys need to be careful of when representing their clients. The day was concluded with a stellar performance by seasoned firearms attorney Michael Moran who spoke on advising the gun client.

As a Ohio gun lawyer I regularly offer firearms seminars to groups of concerned citizens, FFL dealers, businesses, and any other groups interested in the subject. Please contact my office for more information.

Monday, February 15, 2010

Columbus Bar Association Continuing Legal Education Course.

As a Gun Lawyer in Columbus I have seen a great need to assist the local bar in understanding how firearm regulations and laws can affect the practice as a whole. As such, I have been working with the Columbus Bar Association in developing a very unique opportunity for local attorneys.

Tomorrow the Columbus Bar Association will be hosting a firearms law CLE entitled "Shots Fired". The speakers will be:

John Fulkerson, Esq. - Ohio Assistant Attorney General

John Litle, Esq. - Franklin County Assistant Prosecuting Attorney

Derek DeBrosse, Esq. - The Law Office of Derek A. DeBrosse, LLC

Mike Moran, Esq. - The Law Offices of Michael Moran

Topics to be covered are the Ohio Weapons Control Act, The Castle Doctrine, The Federal Gun Control Act, and Administrative law regarding firearms.

The speakers are extremely well versed in this area and the CLE should prove to be successful. See you all there!