Insights & News

There is an obscure tax statute that affects nearly everything in the firearm space from firearm manufacturing to sales and ownership. This statute is 26 U.S.C.A. §§ 5801-5872, more commonly called the “National Firearms Act,” or “NFA.” The NFA, first enacted in 1936, subjects several types of firearms to special taxes and heightened rules. This post will provide you with a crash-course in what the NFA is, what it regulates, and introduce some of the legal responsibilities that it places on firearm owners. The NFA regulates six classes of weapons: machineguns, [1] destructive devices, short-barreled shotguns, short-barreled rifles, silencers, and […]

Introduction to Attorney-Client Privilege The attorney-client privilege protects the confidentiality of communications between lawyers and their clients. This privilege ensures that attorneys may not divulge client secrets, nor can others force them to do so legally, except if the privilege is waived. The purpose of this expansive privilege is to ensure that clients may openly share information with their lawyers, enabling complete and effective representation. Key Aspects of Attorney-Client Privilege When Does Attorney-Client Privilege Attach? In most jurisdictions, the privilege attaches whenever a client is seeking legal advice from a lawyer. This applies even if a formal attorney-client relationship has […]

By: Shawn M. Flynn and Jared J. Roberts  In a recent October 2021 Townhall article, Binnall Law Group correctly predicted that the Supreme Court would strike down the Occupational Health and Safety Administration’s (OSHA) vaccine mandate because such a mandate is not within the statutory authority of OSHA. Specifically, the article argued that the Supreme Court should find that “OSHA’s intelligible principle is unconstitutionally broad, and thus their vaccine mandate is invalid and unconstitutional. Even if OSHA’s intelligible principle were legitimate, by mandating vaccines, OSHA would not be acting within the bounds of their intended power.” The article argued that […]

By Shawn Flynn The beginning and often the end of the discussion about defamation in the United States has been the landmark Supreme Court decision New York Times v. Sullivan for several decades. But cracks are beginning to show in the bedrock of this once widely esteemed case, and it is time for this case to be retired as it no longer fits society today and lacks any constitutional foundation.  In essence, New York Times v. Sullivan stands for the principle that an action for defamation brought by a public official requires a showing that the statement in question was […]