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Is It Illegal to Let a Friend Borrow Your Gun?

Your gun, your rights, your problem? It's pretty common in America to let someone borrow, use, try, or otherwise handle a firearm. Hunters do it in the woods, shooters at the range, purchasers at trade shows, and kids at summer camps. Put those scenarios to one side, then consider the other side: criminal defendants arguing about who used whose gun to shoot so-and-so, or an otherwise responsible owner having to explain how his gun ended up in a kid's backpack at school. So what's the law on letting someone borrow your gun? America's Patchwork Gun Laws There's an old legal adage that everything is legal unless prohibited. While it's not necessarily true, it's a fairly good guide when it comes to gun laws. According to the U.S. Supreme Court, the U.S. Constitution grants individuals a right to possess a firearm for lawful purposes, and this applies to states as well. Federal Gun Laws Federal law bans anyone convicted of a felony from possessing a firearm. That's one of the more common federal criminal prosecutions out there. It's also illegal to ship a firearm out of state without a license. Certain types of firearms - assault weapons, military grade hardware, etc. -- are either banned or tightly regulated. It's important to know who you'd be giving your gun to. Note any specific laws about the type of weapon as well. State Gun Laws From there, it really depends where you live. State gun control laws vary considerably. Buying, selling, or transferring ownership of a gun might be regulated where you live. Virtually all states prohibit possessing a gun near a school. Big cities and urban areas may have more restrictive policies than the countryside. Gun laws are for the most part state and laws, and it's difficult to generalize. Related Resources Find a Criminal Defense Lawyer Near You (FindLaw's Lawyer Directory) America's Gun Culture in 10 Charts (BBC News) State Gun Control Laws (FindLaw's State Laws) Legal How-To: Giving a Gun as a Gift (FindLaw's Law and Daily Life)
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Tips for Talking to a Lawyer on the Phone

Almost everyone knows that you have a right to counsel if you've been charged with a crime. People will also be inclined to seek out a lawyer if they want to file a lawsuit, or if they're being sued. But, there are many other instances where a lawyer can be very helpful.For example, it's usually a good idea to consult with a lawyer while planning your estate because he or she can ensure that your estate plan is in compliance with your state's laws, and can advise you on how to reduce your estate taxes. But, how do you decide when to call an attorney? And how do you decide if the attorney you call is right for you? These are valid and important questions to ask yourself when you're thinking about hiring an attorney. Read on for some tips for talking to a lawyer on the phone. How Do I Find a Lawyer? If you have friends or family who have already used a lawyer (that they were happy with) in a similar legal matter, it's a good idea to ask them for the lawyer's contact information. But, maybe you don't feel comfortable asking someone you know for a lawyer recommendation because you want to keep your legal matter private. While recommendations are helpful, there are other ways to find a lawyer, including researching the attorney online. You can read reviews and it's also a good idea to research a lawyer's discipline record. The First Call Whether you found a lawyer through a recommendation or you found one through your own research, the first call can be very important. For this reason, it's important to be prepared for this conversation.First, you should have a list of questions ready to ask the lawyer, including questions about his or hers experience with legal matters such as yours. Second, you should have a fairly detailed summary of the legal matter that you're seeking counsel for. If you have any documentation related to your legal matter (such as a complaint you've been served), it's a good idea to have those documents in front of you.Finally, talking to a lawyer on the phone will help you to also get a feel for his or her personality, including the lawyer's ability to explain things clearly. Just remember that the initial conversation with a lawyer is not only the time for the lawyer to decide whether he or she wants to take the case, but also for you to decide if you want that particular lawyer for your legal issue. Related Resources: Find an Attorney Near You (FindLaw's Lawyer Directory) Guide to Hiring a Lawyer (FindLaws' Learn About the Law) Should I Have an Annual Legal Checkup With a Lawyer (FindLaw's Law and Daily Life) 5 Reasons to Hire an Attorney Decades Before You Retire (FindLaw's Law and Daily Life)
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Should You Add Bitcoin to Your Estate Plan?

Even though many people may feel uncomfortable planning for death, it's an important thing to do, especially for your loved ones. In the absence of an estate plan, property will be divided based on state intestacy laws, which could result in your assets going to people you don't want them to go to, and it can be a hassle for your loved ones.Assuming that you've decided to plan your estate, you may wonder what you should include. Well, the more detailed you have, the better. And, if your property changes -- maybe you added new investments, such as Bitcoin -- it's best to add that to your estate plan as well. It's All in the Details Probate issues can easily become overly complicated because family members often end up fighting with each other over their deceased relative's assets. To avoid this, it's important to be as detailed as possible in your estate plan, both in listing beneficiaries for particular items or sums of money, and making sure to list all of your assets. This includes any investments, such as real property, stocks, or Bitcoin. When it comes to Bitcoin, or other types of cryptocurrency, it's important to be a little more detailed than you may be with other property. For example, when you have an investment account at a bank, it'll list the particular stocks you have in your portfolio and will usually allow you to designate a beneficiary. The nature of cryptocurrencies is secretive, so it can be much more difficult to get access to it once the investor dies. For this reason, it's important to not only list that you own Bitcoin, but also list where it was bought and how it can be accessed. Show You Care It's hard enough to grieve the death of someone you love, but also trying to sort through his or her assets, and possibly deal with greedy relatives, can make it unbearable. So, show your loved ones you care about them by planning your estate, or updating your estate to include any new assets. And, if you don't know where to start or need professional help to plan your estate, you can contact a local attorney who can guide you through the estate planning process and make sure you have a solid estate plan. Related Resources: Find an Estate Planning Lawyer Near You (FindLaw's Lawyer Directory) Estate Planning (FindLaw's Learn About the Law) Digital Estate Planning: How to Prepare Digital Accounts for the End of Life (FindLaw's Law and Daily Life) Bitcoin and Estate Planning: Top FAQs (FindLaw's Law and Daily Life)
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How Does Immigration Status Affect Child Custody?

Divorce is hard enough for anyone to go through, but add having to determine child custody, and it only gets harder. Sometimes parents are able to reach a custody agreement themselves, other times the parents may need to have a judge decide on the child custody arrangements.If you're an immigrant -- legal or illegal -- you may be concerned that your immigration status will impact a child custody agreement. After all, doesn't it seem likely that a U.S. citizen would be favored over a non-citizen when determining who gets custody? The answer is no -- immigration status is not generally a factor in determining who gets custody. How Is Child Custody Determined? Like most legal family matters, child custody is governed by state laws. There are, however, some generally accepted factors in determining child custody. The main factor in determining child custody is considering what's in the "best interests" of the child. This involves many considerations including looking at the mental and physical health of the parents, need for continuation of a stable home environment, and the wishes of the child (when he or she is old enough to capably make this decision). While the list of considerations for child custody is long, notably absent is immigration status. This is even true in the case of illegal immigrants fighting for child custody. While it may not be a factor in determining child custody, it bears mentioning that a pending deportation or an actual deportation can affect child custody, since it would impact the child's life.So, while a parent's immigration status doesn't directly factor into deciding who gets custody, there could be indirect effects, particularly if the parent is an illegal immigrant. To resolve child custody issues, contact a child custody lawyer or an immigration lawyer for help. Related Resources: Find Lawyers Near You (FindLaw's Lawyer Directory) How the Gig Economy Is Affecting Child Support (FindLaw's Law and Daily Life) 2017: The Year in Immigration Law (FindLaw's Law and Daily Life) Deportation Dispute: U.S. Refusing Visas for Countries Unwilling to Take Back Deported Citizens (FindLaw's Law and Daily Life)
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Ohio Lethal Injection Execution Method Ruled Constitutional

The U.S. Court of Appeals for the Sixth Circuit has upheld the constitutionality of Ohio's lethal injection protocol. In a unanimous ruling, a three judge panel upheld the district court's previous decision denying death-row inmates Raymond Tibbetts and Alva Campbell their request to enjoin their pending executions. It's the latest case in a string of stories concerning the state's method of execution. Ohio's Death Penalty Drama The Buckeye State's execution protocol has been a recurring news item. In November 2017, the state's attempted execution of Alva Campbell (one of the plaintiffs here) was cancelled when prison officials couldn't find a vein to inject the lethal mixture of drugs. Campbell was sentenced to death in 1998 after killing 18-year-old Charles Dials during a jail break attempt. Campbell's legal team has also requested execution by firing squad on numerous occasions, a request that state officials are (extremely) unlikely to grant. According to the state's current execution schedule, Raymond Tibbets's execution will occur next week, on February 13th, 2018. That's a date subject to change, however, as eleventh hour postponements are common. Tibbetts was sentenced to death for the brutal murder of his wife and landlord in 1997. Death Penalty and the Law State death penalty cases are among the most heavily-litigated cases. Trials commonly take years, appeals generally go through state and federal courts for decades, and last minute stay requests or clemency petitions are common. Challenges to the method of execution as violating the Eighth Amendment's Cruel and Unusual Punishments Clause have been common in recent years. An approaching execution is a common time for reigniting America's long-running debate over the wisdom -- and constitutionality -- of capital punishment. Related Resources In re Ohio Execution Protocol Litigation (FindLaw's Cases and Codes) Appeals Court Say Ohio Lethal Injection Execution Method Constitutional (Cleveland.com) Ohio May Give Botched Execution Another Try (FindLaw's Blotter)
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When Is It Illegal for a Nursing Home to Evict Residents?

There are broad legal protections for nursing home residents. Federal and state laws prevent nursing homes from arbitrarily evicting patients, a process called 'involuntary discharge.' Yet complaints about wrongful nursing home evictions are rising. It's a problem that wraps up the care needs of resident patients with the difficult realities of running a nursing home. Prohibited Nursing Home Evictions Federal law protects against abusive nursing home practices, including unjustly evicting sick patients. Often complaints center on homes making room for more desirable (paying) patients, which is prohibited under law but affects a home's bottom line. Nursing homes are required to ensure that discharged patients have someplace to go as well. These federal requirements are tied to a nursing home's receipt of Medicare and Medicaid certification and funds -- which are important to the industry's credibility and business viability. Federal enforcement of violations is out there. Many states have similar legal protections and enforcement agencies. Protecting Nursing Home Rights While legal protections exist, it's important to understand their limits. Nursing homes can involuntarily discharge patients in specific situations. Patients whose needs can't be met or whose presence poses risks to other patients can be discharged. Failure to pay is another reason. It's not uncommon for patients to come in on Medicare only for their benefits to run out. When that happens, costs aren't covered and eviction becomes possible. Wrongful Evictions: What to Do? You and your loved ones have rights against wrongful eviction from a nursing home. You can file a complaint with a federal or state regulatory agency, or else contact a local elder law attorney for help. Related Resources Find Elder Law Lawyers Near You (FindLaw's Lawyer Directory) Nursing Home Residents: 5 Legal Rights (FindLaw's Law & Daily Life Blog) Protecting Nursing Home Residents from Eviction (FindLaw's Learn About the Law) As Nursing Homes Evict Patients, States Question Motives (NPR)
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Elon Musk Sells Flamethrowers: Are They Legal to Own?

Watch out for flamethrower bearing BBQers this summer. Elon Musk, the attention-grabbing entrepreneur behind Tesla and SpaceX, has fired up Twitter and legions of his loyal followers with a brand-spanking new toy -- a commercially available flamethrower. The Future Is Flamethrower? Musk's flamethrower has already become a hit. Pre-sales have quickly sold out online. There's no word about future flamethrowers hitting the market, so this might be a gag gift or the start of a new trend. But it raises interesting legal questions which, yes, we're here to blog about. It's Easier to Buy a Flamethrower Than a Gun You might be surprised to learn that only two states regulate flamethrowers. California requires flamethrower users and buyers to have a permit, while Maryland bans them entirely. But you shouldn't be too surprised. There's never been a wave of flamethrower-related violence to spur states and Congress to enact flamethrower laws. Hence their absence. All flamethrowers will ship with a complimentary boring fire extinguisher February 1, 2018 That might change soon, however. California is already rumbling about a ban on flamethrower sales, and we'd expect other states to follow if necessary. Use Your Flamethrower Wisely What's always prohibited are crimes -- no matter what's used to commit them. Most criminal laws criminalize actions - murder, kidnapping, assault, etc. -- and "add on" counts or prison time for using prohibited items. ELON I BOUGHT 6 FLAMETHROWERS NOW THE TSA IS TELLING ME I'M ON SOME SORT OF WATCHLIST?!? WHAT HAVE I DONE PLEASE HELP February 1, 2018 Those definitions are flexible: a car can be deadly weapon, as can be a surgeon's hands. A flamethrower might pose an interesting case for an appellate court someday, but it's not something we'd expect to be a winning argument. Related Resources Find Your Lawyer (FindLaw's Lawyer Directory) Is It Legal to Own a Flamethrower? (lifehacker.com) Flamethrower Drone Draws Government Ire. Can the FAA Regulate? (FindLaw's Technologist Blog)
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Oklahoma Oil Companies Can Be Sued for Worker’s Death

The family of David Chambers Sr., a truck driver who was fatally burned after being dispatched to an oil well back in 2014, can proceed in their state lawsuit against the Oklahoma oil well operator. That's the unanimous (8-0) ruling from the Oklahoma Supreme Court in Strickland v. Stephens Production Company, a decision that highlights some of the complexities of state workers' compensation laws when it comes to favored (and politically savvy) industries. Workers' Compensation Laws Workers who suffer from work-related injuries are normally eligible for workers' compensation benefits. Compensation can cover medical expenses, lost income, costs of rehabilitation and continuing care, and potentially other losses. Workers comp, at least, generally isn't a fault based thing. Injuries are injuries and workers' compensation is designed to work more as an insurance system than a run-of-the-mill civil lawsuit. What's also common is for states to make workers' compensation an exclusive remedy. You can't receive WC benefits and then sue your company too. Or even, sometimes, as happened here, sue them at all. That's what Stephens Production Company argued after being sued by Chambers' surviving relatives for wrongful death, negligence, and similar civil claims in state district court. And the company had a point, since that's precisely what the state's statute said applied for oil and gas well operators. So what happened here? Striking an Oil Exception in Oklahoma The Oklahoma Supreme Court struck down the statute's limit on civil liability for oil and gas well operators as an unconstitutional 'special law' under the state's constitution. As the court wrote in its opinion, the legislature couldn't 'singl[e] out one specific industry for special treatment under the workers' compensation system.' Related Resources Browse Workers' Compensation Lawyers by Location (FindLaw's Lawyer Director) Workers' Compensation Laws by State (FindLaw's Learn About the Law) Oklahoma Supreme Court Strikes Down Part of Workers Comp Law (KFOR News)
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Defense Secretary Puts President Trump’s Transgender Ban on Hold

In the wake of President Donald Trump's proclamation that openly transgender individuals be discharged from the military, in addition to the lawsuits, there has been some pushback from an unexpected source: the Secretary of Defense, General James Mattis. After sources reported that the general was appalled by the president's proclamation, soon after, he came out with a plan that effectively puts the ban on hold. While socially, and politically, transgender rights are a polarizing and controversial issue, it may not be possible to read anything more than prudence into Mattis's actions. Making a sweeping change like this to the military requires careful planning and assessment. What's Mattis's Hold Up? The general, reportedly, has instituted the hold on implementing the newest ban in order to study the effects and strategically plan how to actually do it (and potentially even whether to do it at all). Although the president, in a series of Tweets, claimed to have met with his generals prior to implementing the ban, no general has corroborated this claim. As such, not only was the general caught off guard, but the new policy's effects had not been studied prior to the implementation. While it may be too soon for those on either side of this issue to celebrate, LGBT advocates are pleased that there is at least some relief from the abruptly announced policy that would have uprooted many people's lives. Constitutional Challenges and Civil Rights Laws The lawsuit by the ACLU that challenges the transgender military ban argues that there is no military basis for the ban. According to the ACLU's complaint, "The Trump Administration has provided no evidence that this pronouncement was based on any analysis of the actual cost and disruption allegedly caused by allowing men and women who are transgender to serve openly."The Trump administration also faces a lawsuit from Lambda Legal that challenges the constitutionality of the transgender ban. Lambda Legal's lawsuit alleges "the Ban and the current accessions bar violate the equal protection and due process guarantees of the Fifth Amendment and the free speech guarantee of the First Amendment," and "are unsupported by any compelling, important, or even rational justification."Although the new administration has taken a position that transgender individuals should not be protected under civil rights laws, there has been a steady trend in the law to protect transgender individuals. The number of states, and even federal courts, that have recognized transgender individuals as belonging to a protected class, and thus protected by civil rights laws, keeps growing. Related Resources: Trump Administration Rescinds Guidance on Bathroom Use for Transgender Students (FindLaw's Law and Daily Life) The Rise of Anti-Anti-Discrimination Laws (FindLaw's Law and Daily Life) California's Gender Neutral Bathroom Bill (FindLaw's Law and Daily Life) Here's the Latest on Trump Immigration Reform Efforts (FindLaw's Law and Daily Life)
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Does a Lawsuit End If the Defendant Can’t Be Served?

Remember Seth Rogen's character in Pineapple Express? No, he wasn't a butler -- he was a process server, an obscure yet essential part of the legal system tasked with delivering the bad news of a lawsuit to the person being sued. After all, if people don't know they're being haled into court, it's kind of hard to defend themselves. Because service of process is the necessary first step to a lawsuit, many think if they can just avoid the process server for long enough, they can't be sued (hence Rogen's disguises). But is that true? Fruitless Searching The issue has come to the forefront of the news after Montana real estate agent Tanya Gersh sued the owner of the racist website Daily Stormer, claiming he unleashed a "tsunami of threats" against her and her family. Gersh is being represented by attorneys from the Southern Poverty Law Center, who have thus far been unable to locate and serve Andrew Anglin with the suit. The process servers hired by the SPLC have made a grand total of 15 visits to seven addresses linked to Anglin, including four different Ohio addresses, but couldn't find him. "One process server said she believes Anglin barricaded himself inside one of the addresses," according to Ars Technica. In addition, attempts to serve Anglin via certified mail were all returned as undeliverable. Until he is properly served, the lawsuit against Anglin can't proceed. Constructive Notice But there's another twist to that -- service by publication. If a plaintiff can show the court that no other method of service has been effective, they can publish a notice in a newspaper. So long as the newspaper is in general circulation where the defendant is likely to be found or where the court is located and is published on more than one occasion (like weekly for three weeks), the court will consider the defendant served, whether he or she actually reads the notice or not. Gersh's attorneys have allegedly begun this more cumbersome and expensive procedure already. The perhaps not-so-funny part about the efforts to serve Anglin in this case is that he is plainly aware of the lawsuit. Soon after the lawsuit was filed in April, he published a post on Daily Stormer entitled, "SPLC is Suing Anglin! Donate Now to STOP THESE K***S!" He retained Las Vegas attorney Marc Randazza, who told the AP, "Everybody deserves to have their constitutional rights defended." Randazza also addressed the service problems and accusations that he had ignored calls and emails from SPLC attorneys asking him to accept service on behalf of his client, albeit rather obliquely. "Would you say that touchdowns are avoiding being scored in a shutout football game?" he rhetorically asked the New York Times. "Or would you say that the offense is not scoring them?" A defendant has no legal obligation to assist the plaintiff in a lawsuit, including making themselves available for service. Fortunately for plaintiffs, hiding from a lawsuit they clearly know exists won't help a defendant avoid being held accountable in court. Related Resources: Find a Lawyer Near You (FindLaw's Lawyer Directory) Don't Bother Avoiding Process Servers (FindLaw's Law and Daily Life) Legal How-To: Showing Proof of Service (FindLaw's Law and Daily Life) Can You Serve Someone With a Lawsuit via Twitter? (FindLaw's Law and Daily Life)
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