Guns & 2nd Amendment
Firearm possession, trafficking and Second Amendment challenges. 41 articles and videos.
- Scratched Serial Numbers Enhancement Does NOT Count If Gun Is Traceable. Glock Machine Gun Switch.September 30, 2026 · ▶ Video
A Glock with a machinegun switch had its serial number stamped in three places. Two were scratched off. The Fourth Circuit says that is not enough for…
- “He Put Stuff in My Room, Bro” — Kid Destroys 4th Amendment Defense (US v. Gatkuoth)June 10, 2026 · ▶ Video
A man flees a traffic stop, runs into a stranger's house, and hides a — then claims the police violated his 4th Amendment rights.
- San Diego Federal Firearms AttorneyGuide
Facing federal firearms charges in San Diego? Attorney Anton Vialtsin at LAWSTACHE Law Firm defends clients against 18 USC 922 and related federal…
- Suspended License Since 1993. Cop Towed His Car. Cop Found Drugs & a Gun. Judge Threw It All Out!March 25, 2026 · ▶ Video
Suspended License Since 1993. Cop Towed His Car. Cop Found Drugs & a Gun. Judge Threw It All Out!
- Firearm Ban After Domestic Violence? 9th Circuit Shakes Up Federal Firearm Law! #2ndamendmentJuly 9, 2025 · ▶ Video
Can a misdemeanor conviction really strip you of your Second Amendment rights? In this video, we break down the 9th Circuit Court of Appeals’ major…
- Trunk Search Without a Warrant? Court Says That Went Too Far Even Under Automobile Exception.June 11, 2025 · ▶ Video
“The automobile exception provides ‘police who have probable cause to believe a lawfully stopped vehicle contains evidence of criminal activity or…
- Police Can’t Enter a Home & Seize Firearms Without a Warrant Under “Community Caretaking Exception”April 9, 2025 · ▶ Video
Neither the holding nor logic of Cady justifies such warrantless searches and seizures in the home. Cady held that a warrantless search of an impounded…
- Can Police Search a Car If The Arrested Person Was Already Outside the Vehicle When Police Arrived?January 29, 2025 · ▶ Video
Before Officer Nichols could pull over petitioner, petitioner parked and got out of his car. Nichols then parked, accosted petitioner, and arrested him…
- Felon in Possession Unconstitutional, Right to Protest, and Cryptocurrency, own casesAugust 30, 2024 · ▶ Video
Ninth Circuit Holds Felon-in-Possession Unconstitutional as to Non-Violent Offenders After Bruen May 9th 2024, in United States v. Duarte, No. 22-50048…
- Police aimed his gun at her nose, told her to freeze, and detained: ARREST and NOT a “Terry Stop.”August 30, 2024 · ▶ Video
Robertson: Robertson encounters a fundamental obstacle: standing. A defendant must show standing even if the government has not pressed the issue in…
- Police “secured” the home & didn’t let the husband back inside after suspicious death of his wifeAugust 22, 2024 · ▶ Video
Following the unexpected death of Defendant Walt Shrum’s common law wife at the couple’s home around 5:30 a.m. on March 11, 2015, police officers in…
- Can Police Prolong a Traffic Stop to Pat Down and Frisk a Driver Because He Wears a Fanny Pack?August 20, 2024 · ▶ Video
The panel affirmed the district court’s denial of a motion to suppress evidence discovered following a traffic stop, and remanded for the district…
- Outrageous: Wearing a Fanny Pack Over Your Shoulder Could Land You in a Police Search!?!August 20, 2024 · ▶ Video
At approximately 1:00 a.m. on October 14, 2020, officers from the New York City Police Department (NYPD) encountered Defendant Michael Hagood near a…
- Agents Point Guns and Order Home Residents Outside: Understanding the 4th Amendment and CurtilageMay 23, 2024 · ▶ Video
Border Patrol agents watched a man climb over the Mexico-United States border fence and followed him as he took a taxi to Heriberto Perea-Rey’s home.…
- Was defendant “in custody” for MIRANDA purposes following discovery of a firearm in a trash can?November 14, 2023 · ▶ Video
Was defendant "in custody" for MIRANDA purposes following discovery of a firearm in a trash can? San Diego Criminal Defense.
- UNCONSTITUTIONAL: 922(k), prohibits possession of a firearm with altered or removed serial numberNovember 13, 2023 · ▶ Video
922(k), prohibits possession of a firearm. Attorney Anton Vialtsin explains. San Diego Criminal Defense.
- UNCONSTITUTIONAL: 922(n), which makes illegal receipt of a firearm by a person under indictment.November 13, 2023 · ▶ Video
922(n), which makes illegal receipt of a firearm by a person under indictment. San Diego Criminal Defense Attorney Anton Vialtsin explains.
- Florida Federal Judge tosses suit challenging GUN BAN for medical marijuana patients. (POST-BRUEN)October 10, 2023 · ▶ Video
Federal law prohibits certain people from possessing firearms. 18 U.S.C.§ 922(g). Post Bruen Developments.
- Officer threatens suspect that he will search his backpack in violation of the 4th Amendment, Part 1August 23, 2023 · ▶ Video
San Diego Criminal Defense Attorney Anton Vialtsin discusses a case dealing with a search of a backpack by police.
- Legal possession of ammunition raises risk to society that justifies an arrest of the driver?August 18, 2023 · ▶ Video
San Diego Criminal Defense Attorney Discusses if legal possession of ammunition can raise concern with police. Call us at 619-357-6677
- Police request for passenger to show driver’s license constituted an unlawful seizure under 4th amd.Guide · ▶ Video
San Diego Criminal Defense Attorney Anton Vialtsin discusses whether police can request passenger to show driver's license.
- Federal Firearms Trafficking | Review of Gun Control Act and Brady Act. Licensed & Private Markets.Guide · ▶ Video
The Gun Control Act of 1968 required those who engage in the business of manufacturing or dealing in firearms to be licensed by the Bureau of Alcohol,…
- Firearms and mental illness. 5th amendment right to be tried only on charges in the indictment.Guide · ▶ Video
Robert Earl Tucker, Jr., was found guilty of three counts of makingfalse statements to a federally licensed firearms dealer in violation of 18U.S.C. §…
- Is carrying a concealed knife or box cutter legal in California? Does the length of blade matter?Guide · ▶ Video
Penal Code section 16470 defines a dirk or dagger as “a knife or other instrument with or without a handguard that is capable of ready use as a…
- Who decides whether a knife is a “Dirk or Dagger” under California law? DA? Judge? Jury?Guide · ▶ Video
“[S]ection 21310 makes it a criminal offense to carry `concealed upon the person any dirk or dagger.'” (People v. Castillolopez (2016) 63 Cal.4th 322,…
- Certain felony convictions may NOT be used as a predicate prior in ‘Felon in Possession’ §922(g).Guide · ▶ Video
Charged with felon in possession under 18 U.S.C. § 922(g)? Learn what it means, recent case law, and how Lawstache defends firearm cases.
- Concern about noncitizens (illegal aliens), who need aid, did NOT justify search of defendant’s homeGuide · ▶ Video
Learn how courts handle illegal alien searches and when evidence may be suppressed. Limits on warrants and exigent circumstances.
- Cop opens the passenger door and leans inside to speak to the driver. Illegal search? NgumeziGuide · ▶ Video
Can a cop open your car door during a traffic stop? The Ninth Circuit ruled officers cannot open a door without probable cause. LAWSTACHE
- Immigrant in possession of a gun? A visa’s label “H-1B” is not a fact that makes it a nonimmigrant.Guide · ▶ Video
The panel amended a per curiam opinion filed July 19, 2021; filed an amended per curiam opinion affirming the defendant’s conviction for violating 18…
- Police enter home w/o reason, detain owner at gun point, take him outside, re-enter home, and searchGuide · ▶ Video
The panel vacated a conviction and sentence for possession with intent to distribute methamphetamine, and remanded with instructions to suppress…
- Police seize two handguns from a home without a warrant during a welfare check. Caniglia v. StromGuide · ▶ Video
During an argument with his wife, petitioner Edward Caniglia placed a handgun on the dining room table and asked his wife to “shoot [him] and get it…
- Roller-coaster ride through many 4th Amendment issues: Plain View, Inventory, Caretaking, Impound…Guide · ▶ Video
This is a really great case with many 4th and 5th Amendment issues. It would be a perfect question for any law school exam. And in real life, it meant…
- USA and BLM Ranger are Not Liable for Stolen BLM-issued Gun Used in San Francisco Pier Shooting.Guide · ▶ Video
The panel affirmed the district court’s summary judgment in favor of the United States in plaintiffs’ Federal Tort Claims Act (“FTCA”) action alleging…
- 4th Amendment case by Hon. Amy Coney Barrett. Anonymous 911 call enough reasonable suspicion?Guide · ▶ Video
Learn how San Diego Criminal Defense Attorney Anton Vialtsin analyzes the Fourth Amendment and anonymous tip issues in Watson.
- Safety-valve eligibility, mandatory minimum sentences, relevant conduct, and a gun.Guide · ▶ Video
Devin Hodgkiss pleaded guilty to distributing 50 grams or more of methamphetamine in April 2018, see 21 U.S.C. § 841(a)(1), and to possessing a firearm…
- The word AUTOMOBILE is not a talisman in whose presence the 4th Amendment fades away and disappears!Guide · ▶ Video
Police went to petitioner’s home on January 28, 1964, to question him about a murder. In the course of their inquiry, he showed them three guns, and he…
- Can a cop tell you, “hold a sec” and really expect you to walk away? Seizure under 4th Amendment?Guide · ▶ Video
Arrested after an illegal stop in San Diego? Learn how our criminal defense attorneys challenge unlawful police stops under the Fourth Amd.
- Should illegal aliens be able to possess firearms and weapons? 2nd Amendment | US v. TorresJanuary 24, 2019 · ▶ Video
The Second Amendment to the United States Constitution guarantees that “the right of the people to keep and bear Arms, shall not be infringed.” U.S.…
- Assault with a Deadly Weapon | California Penal Code 245(a)(1) [PC 245(a)(1)]Guide
San Diego Assault with Deadly Weapon Lawyer. We defend individuals charged with assault with a deadly weapon in San Diego and Orange County.
- Brandishing a Weapon, Gun or Firearm | Penal Code 417 | PC 417Guide
San Diego Gun Lawyer. We defend individuals charged with brandishing a weapon in San Diego and Orange County. 619-3576677
- California Gun CrimesGuide
San Diego Gun Laws. We defend individuals charged with violating gun laws in San Diego and Orange County. 619-357-6677.