A year ago I left private practice to become the Executive Director of the Federal Defender Services of Idaho (FDSI). I became the head of the office, hoping to manage, supervise employees and practice federal criminal defense.
I had been handling federal criminal cases as private counsel and as a member of the Criminal Justice Act Panel (CJA) since leaving
Continue Reading Back in the Saddle – an overview after a year as the Federal Defender
Idaho is a Constitutional Carry state, which means that we have the ability to carry a firearm without government restriction. No license or training needed, just you and your firearm are enough. If you need permission to carry a gun, it is a privilege and not a right. The Second Amendment gives us the right to bear arms. So the
Continue Reading Your Right To Carry A Firearm in Idaho
Last week I tried an aggravated assault with deadly weapon (AR15) case that resulted in those two beautiful words: NOT GUILTY. The case involved a former military service member accused of using his firearm to threaten ten neighborhood folks who had gone to his home on the 4th of July to “get an explanation” for his having run over their
Continue Reading Three things I learned or confirmed from last week’s self-defense ACQUITTAL
Deadly force.
The subject is frequently in the news and often becomes the subject of even local conversation. When a law enforcement officer uses deadly force against someone it amounts to a seizure of that person, and the Constitution prohibits unreasonable seizures. So the simple question posed in such a case is whether deadly force was reasonable under the circumstances
Continue Reading When May Officers Use Deadly Force? The answer may confound you!
In 2016 the Ninth Circuit Court of Appeals ruled in Wilson v. Lynch (9th Cir. Case No. 14-15799) that medical marijuana cardholders are prohibited from purchasing firearms based on federal regulations. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent an Open Letter to gun dealers in 2011 stating that, “If you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have ‘reasonable cause to believe’ that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person.”
Continue Reading That Medical Marijuana Card Can Prevent You From Buying A Gun!
Among the changes to Idaho law taking effect on July 1, 2018, is an important clarification of when you can and cannot use deadly force to defend yourself, others or perhaps, your “habitation.” The newest version of Idaho Code 18-4009 lays out the places and people you have a right to defend with deadly force. Previously Idaho focused on one’s home as a place to protect with deadly force. The law now spells out your right to use deadly force – if necessary – to your place of work and your occupied vehicle.
Continue Reading Stand Your Ground – when, where and who?
Idaho’s law protecting a person acting in self-defense gets clarified by the passage of Senate Bill 1313 – which goes into effect July 1st. The real impact is to consolidate and codify existing law to clearly protect the inherent right of a person to defend themselves and others. Idaho law permits a law-abiding citizen to stand their ground and protect
Continue Reading Idaho Self Defense Law Clarified – Stand Your Ground