Hi, guys,
FUD e-mailed me the same question he has posted. Since he posted, I will post my reply (which I put on TFL a while back).
----------------------------------------
With the increasing number and complexity of gun laws, it becomes more and more possible that some of us will run afoul of the law at some time. It is also true that some people choose to skate a little close to thin ice in hopes of having or doing something just a little different.
What follows is not specific legal advice; I am not an attorney, and I am not trying to drum up business for one. But I hope you will find it common sense, and perhaps something to think about.
We have all made lawyer jokes, and deplored the tendency of greedy or ideologically motivated lawyers to file suit at the drop of a law book. But, like it or not, when one is in legal trouble a lawyer is necessary.
Some people are more vulnerable than others. A gun dealer or gunsmith should have a lawyer on retainer. So should anyone who carries a gun, legally or illegally, unless a police or security officer who will be defended by a department or company attorney.
Finding a good lawyer may not be easy. While any good attorney will defend his (or her) client to the best of his ability, an attorney personally committed to the gun ban cause may not be the best for a client charged with murder in a "self defense" case. But the point here is not to wait until you are in trouble. Check around, get the NRA list of attorneys who will take gun cases. Talk to your friends. When you find a likely prospect, talk to him and sound him out on the gun issue. Most of us know enough to know if the lawyer knows anything about gun laws or if he specializes in drug cases.
When you talk to an attorney, and if you feel that you are familiar with firearms law, don't hesitate to tell him that you want to participate in your defense. This does not mean that you argue the case in court; it does mean that you make it clear that you don't want the lawyer selling you out behind your back and presenting you with a "done deal."
It is important to remember that most attorneys who specialize in criminal defense try only to keep their clients out of jail. Most of their business comes from people to whom a record and a conviction is a badge of honor, but who do not want to go to prison. So lawyers will plea bargain - a guilty plea in return for a reduced sentence or probation. For most of us, a conviction would be a heavy burden since it would mean confiscation of our guns and never being able to own a gun again. Many would feel that a guilty plea is not an option if there is any other alternative.
When you think you have found a good attorney, make sure that he or someone in his office will be available at all times. It is a shock to learn, as you are booked and fingerprinted, that your lawyer is sunning himself on the Costa del Sol and may be back in a month. A gun dealer arrested as he closes his store at 9 PM, or a person forced to fire in self-defense at 2 AM, needs help then, not when the lawyer's office opens the next business day. By the way, memorize the lawyer's number; the police may have your wallet and notebook.
You may also want to line up a source of bail money. Bondsmen put up bail for ten percent of the bail amount, but that ten percent has to be up front, and usually in cash. That money is not refundable. Bail in a case of shooting or killing can run as high as a million dollars.
Remember, I am not talking here about the average gun owner. Dealers and CCW licensees are particularly vulnerable to both criminal charges and civil suits, and those are the people who would be well advised to line up legal talent before they need it.
I know this post is too long, and that I will get flamed by people yelling, "I can shoot anyone I want" or "the cops will never arrest me, I am the Police Chief's son." Maybe. I hope no one out there ever runs into trouble with the law. Certainly, no one plans to. Still…
Jim