Friday, May 20, 2016

Firearms Law Seminar - On NFA Trusts And Instructor Liability

Sarah Gervase, NRA's  Assistant General Counsel gave an excellent discussion on trusts including NFA Trusts.

Lots of great information on the effect of 41F and what will happen to NFA Trusts once the new rule takes effect in July.  She so asked the interesting question you know that you will be someday asked by a client - Can I be buried with my gun? Tha answer - It's complicated.

Next, Attorney Brent Weil discussed first and third party liability against firearms instructors.  There's a tremendous influx of new shooters that has occurred over the last 5 years with lots of people needing and seeking training.

Preventing an instructor from committing an act of negligent training is extremely important. Everything from premises liability to accidental discharge, mechanical failures of guns instructors might provide, to inappropriate tactics and wrong legal information given by instructors, as well as passing students that lack proficiency can be extremely bad.  All of this can expose instructors to liability.

So far there have been few lawsuits over negligent training, but it is expected that will increase given the influx in new shooters making their way through the proces of getting firearms.  Also generally instructors do follow the proper curriculum which gives good protection compared to doing your own freestyle SEAL-movie-inspired training regimen.  Make sure the training fits the need, the risk and the student involved. Also having an attorney draft an appropriate release for students to sign before teaching them is absolutely vital.

Both presentations were extremely useful for my practice in counseling clients, including instructor clients.

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