Alison Arden Besunder will be presenting at the National Business Institute seminar Gun Laws in New York on April 7, 2017. Event description, registration information, agenda and speaker bios can be found below.
Who Should Attend
This basic-to-intermediate level seminar is intended for attorneys. The content will be useful for law enforcement, government officials, firearm dealers and advocates for gun rights or gun control. Paralegals may also benefit.
Confidently Navigate the Complexities of Firearm Laws - From the Gun Show to the Holster
The constitutional protection of individual gun rights has never been stronger, but regulatory and liability concerns can hamper even the most responsible owner. Is your knowledge of federal, state and local law effective enough to protect your client from criminal or civil charges? Let our experienced faculty give you the insight you need. Learn the requirements for selling at a gun
show versus selling to a private party, and more. Make sure your clients are able to exercise their Second Amendment rights while avoiding liabilities that can put themselves or others at risk.
• Understand the lesser-known constitutional aspects of firearms law, including the First Amendment issues that surround gun shows.
• Know how the Firearms Owners Protection Act affects the possession of automatic weapons.
• Find out the legal requirements for an individual who buys multiple handguns in the same purchase.
• Review the fiduciaries obligations and potential liability for decedent's firearms.
• Get an overview of the legal requirements that govern firearms dealers, including audits by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
• Learn how to fight gun confiscations by law enforcement and contest errors in
• Discover the potential criminal or civil liability individuals can face under Child Access Prevention laws.
• Identify situation in which you should or must break confidentiality with your client.
Gun Law in New York
I. Constitutional Components of Firearms Law
9:00 - 9:40, Brian T. Stapleton
A. The Second Amendment
B. Other Amendments that Pertain to Firearms Law
C. Gun Shows and the First Amendment
D. Search and Seizure Issues and the Fourth Amendment
E. The Taxing and Commerce Clauses
F. State Constitutional Amendment
II. State and Federal Firearms Laws: What Attorneys Need to Know
9:40 - 10:20, Peter Tilem
A. State Gun Law Update: Changes You Need to Know!
B. Firearm Regulations at the State Level
C. National Firearms Act of 1934
D. Gun Control Act of 1968
E. Firearms Owners Protection Act
F. Brady Handgun Violence Protection Act
III. New York Concealed and Open Carry Law
10:35 - 11:15, Peter Tilem
IV. Title 1 Firearms and Their Regulation
11:15 - 11:45, Alison A. Besunder
A. Modern Firearms, Curios and Relics, and Antiques - Important Definitions
B. Purchasing Requirements
C. Form 4473
D. Multiple Handguns and Form 3310.4
E. Private Party Transfers and Gun Show Purchases
F. Title 1 Firearms and Purchasers with Criminal Records and Restraining Orders
V. Transfer of Guns at Death
12:45 - 1:30, Alison A. Besunder
A. Fiduciary Obligations and Potential Liability for Decedent's Firearms
B. Registration Requirements for Fiduciaries in New York State and Other States
C. Administrating Estates With Antique Gun Collections and Appraisals;
VI. Firearms Dealers and Licensing Requirements
1:30 - 2:00, Brian T. Stapleton
A. Procedures for Obtaining Federal Firearms Licenses
B. Record Keeping Requirements for Firearms Dealers
C. ATF Audits of Firearms Dealers
D. The Special Occupations Tax and Becoming a Title 2 Firearms Dealer
E. Curio and Relic Licenses: Their Functions and Limitations
VII. Gun Ownership Legal Concerns
2:00 - 2:40, Christopher T. Bonante
A. Restricted and Prohibited Weapons
B. Persons Prohibited from Possessing a Firearm
C. Licensing Requirements and Penalties for Breaking Them
D. Restoration of Second Amendment Rights
E. Gun Confiscations by Local, State or Federal Officials
F. Correcting Errors in NICS Background Check
G. Rules for Transporting Weapons
H. Understanding Reciprocity with Neighboring States
VIII. Liability Concerns for Gun Dealers and Owners
2:55 - 3:30, Christopher T. Bonante
A. Criminal vs. Civil Penalties for Firearm Injuries
B. Protection of Lawful Commerce in Arms Act and Lawsuits Against Firearm
C. Individual Liability in Accidental Shootings
D. Child Access Prevention Laws
E. Stolen Firearm Used in a Crime
F. Lawful vs. Unlawful Uses of Force
IX. Ethical Considerations When Representing Gun Owners or Dealers
3:30 - 4:30, Carla Varriale
A. Exceptions to Attorney-Client Privilege Under Model Rule 1.6
B. Attempt to Commit Crime or Fraud
C. When Clients are a Danger to Themselves or Others
D. How to Get Advice About Potentially Breaking Privilege
Faculty Biographical Information
ALISON A. BESUNDER is with Arden Besunder P.C., and has spent more than a decade practicing law in the New York City. Ms. Besunder focuses her practice in the areas of trusts and estate planning, elder law, estate litigation, commercial litigation and intellectual property. Ms. Besunder is a member of the Trusts and Estates and Elder Law sections of the New York State Bar Association and the NYSBA Animals and the Law Committee. She is a member of the Suffolk
County and Brooklyn bar associations. Ms. Besunder received her J.D. degree from Brooklyn Law School and her B.A. degree from SUNY Buffalo.
CHRISTOPHER T. BONANTE is a skilled attorney at the Law Office of Christopher T. Bonante, Esq., with a strong background in civil/commercial litigation, real estate transactions, debt collection, mechanic's liens, construction law, corporate law, debtor/creditor law, and general legal practice. Mr. Bonante has excellent writing skills that have led to success in winning cases on summary judgment or by way of dismissal based on substantive arguments. He has a proven ability to manage substantial case loads of diverse matters. Mr. Bonante is licensed to practice in New York and Connecticut. He is admitted to practice law in federal court in the Eastern and Southern districts of New York. Mr. Bonante has a full CCW in NYS and has been involved and around firearms for more than 25 years and is a member of the NRA. He earned his J.D. degree, cum laude, from Pace University School of Law and his master's degree, summa cum laude, from
BRIAN T. STAPLETON is a partner at Goldberg Segalla, where he focuses on the defense of large-exposure products liability, labor law, wrongful death and other liability claims across the country. Mr. Stapleton engages in a significant amount of Second Amendment litigation, at both the trial and appellate levels, in New York and across the country and in extensive appellate advocacy in the courts of New York and the federal judiciary. He has obtained verdicts in more than 100 cases and has tried numerous civil cases involving wrongful death, design and
manufacturing defects, medical malpractice, and bankruptcy fraud. Mr. Stapleton is a member of the New York State Bar Association and is admitted to practice in the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of New York, the U.S. District Court for the District of Connecticut and the U.S. Court of Appeals for the Second Circuit. He received his J.D. degree from Case Western Reserve University and his B.A. degree from
PETER TILEM is the founder of Tilem & Associates, PC. He litigates in both state and federal courts and has continued his representation of clients involved in high-profile cases. Mr. Tilem is a former assistant district attorney in the New York County District Attorney’s Office in Manhattan, where he was assigned by District Attorney Robert Morgenthau to the prosecution and investigation of hundreds, if not thousands of criminal cases, including crimes of violence, whitecollar crimes, and homicides. He was honored for his effort by various departments within the New York City Police Department, including the Detective Bureau, the Organized Crime Investigation Division, and the Police Academy. Mr. Tilem was also assigned to conduct educational and training classes for police officers, prosecutors, and public schools. He earned his
B.A. degrees from Carnegie-Mellon University in Pittsburgh, Pennsylvania and his J.D. degree from Pace University School of Law at White, Plains, New York. Mr. Tilem is admitted to practice law in the U.S. Supreme Court, U.S. Court of Appeals, Second Circuit, State Courts of Connecticut, as well as New York and in the Federal Courts of the U.S. District Courts for the Southern District of New York, the Eastern District of New York and the U.S. District Court for the District of Connecticut. Mr. Tilem has also been admitted and appeared pro hac vice in the Federal Court in New Jersey, State Court of New Jersey, and in the State Court of Maryland.
CARLA VARRIALE is a partner with the law firm of Havkins Rosenfeld Ritzert & Varriale, LLP. Ms. Varriale is a litigator who has represented major league baseball teams and players, minor league teams, and clients in the recreation and sports industries. She writes and lectures on various issues of interest to sports, recreation, and entertainment venues, including water parks and amusement parks. Ms. Varriale has appeared as a legal commentator on Court TV Radio and FoxNews' Cases and Cops. She counsels entities with self-insured retentions regarding methods to minimize exposure and to develop successful risk management and litigation strategies, particularly those related to promotional activities and security issues. Ms. Varriale is a member of the Sports Lawyers Association and is admitted to practice in New York; Connecticut; and before the U.S. District Courts for the Southern, Eastern, and Western Districts of New York; and the U.S. Court of Appeals for the Second Circuit. She earned her B.A. degree from Boston University and her J.D. degree from New York Law School.