Firearms

News & Analysis as of

Ready to Print Your Next Building?

This past year I read an article on Forbes about the nascent 3D printing movement and a young man named Cody Wilson who literally printed himself a working gun....more

Legislative Update Report No. 2014-07

In This Issue: - Federal Government - Alberta - British Columbia - Manitoba - New Brunswick - Newfoundland - Northwest Territories - Nova Scotia - Nunavut - Ontario - Prince Edward...more

Local Bans on High-Capacity Magazines Draw Lawsuits from NRA

With federal gun legislation post-Sandy Hook off the table for the foreseeable future, The Sacramento Bee reports that two local governments in California have turned to enacting their own local gun control measures banning...more

Amendments to Welfare & Institutions Code Section 8102 Change Petition and Disposition Procedure

Overview: Welfare and Institutions Code section 8102 requires a law enforcement agency to confiscate all firearms or other deadly weapons owned or controlled by someone who has been placed on a mental health hold under...more

The Aftermath of the Peruta Decision…Is the Debate Over Carrying Concealed Weapons Escalating?

Thomas Jefferson said, “The beauty of the Second Amendment is that it will not be needed until they try to take it.” Is this the framework the court used to find that the 2nd Amendment forbids the State of California from...more

BB&K Police Bulletin: Gang Members Who Carry Loaded Firearms Can Be Charged With A Felony

“Felonious Criminal Conduct” Under California’s Gang Enhancement Statutes Elevates Misdemeanor Offense to a Felony - Overview: The California Supreme Court has ruled that possession of a firearm by a felon constituted...more

Illinois Employers Should Aim for Gun Policy Review

After becoming the 50th state to pass a concealed carry law last year, Illinois has begun accepting applications for concealed carry licenses from individuals wishing to carry a firearm in public. This major change in...more

BB&K Police Bulletin: Requiring Showing of Good-Cause for Concealed Carry Permit Violates Second Amendment

Second Amendment Requires States to Permit Some Form of Carry for Self-Defense Outside of the Home - Overview: The Ninth Circuit has ruled unconstitutional a San Diego County policy requiring applicants for a concealed...more

Guns at Work in Tennessee, Part II: Clear as Mud?

The Tennessee legislature's enactment of Tennessee Code Annotated (TCA) 39-17-1313 (also known as the "Guns in the Trunk" legislation) has sparked wide debate among employers and employees alike regarding the interpretation...more

"You Can't Fire Me For That – I Was Off Duty!"

Employers learned long ago that it’s wise to establish written policies which set forth the standards of conduct expected of their employees. These employers also know that the policies may not simply sit on a shelf (or on an...more

Fourth Circuit Holds That Defendant Can Be Guilty of Criminal Violation of Armed Export Control Act Even Without Specific...

To obtain a felony conviction under the Arms Export Control Act for “willfully” exporting “defense articles” without a license, must the government prove that the defendant knew the items in question were specifically subject...more

New Legal Opinion Creates Confusion Over Tennessee “Guns in Trunks” Law

On May 28, 2013, the Tennessee Attorney General issued an opinion that determined that Tennessee’s new “guns in trunks” law did not prohibit an employer from discharging an employee for having a weapon in his or her vehicle...more

Firearms! Recent Legal Opinion on "Guns in Parking Lots" Law Places Tennessee Employers In A Crossfire

Earlier this week, the Tennessee General Assembly's Office of Legal Services opined that the "Guns in Parking Lots" law "effectively prohibits" employers from discharging an employee for conduct allowed by that law. ...more

Are You Prepared To Comply With New Employment Laws And Requirements In 2014?

The New Year brings new employment laws and requirements for businesses. For example, as reported in the most recent edition of The Fast Laner, Illinois became the last state to allow people to carry concealed firearms....more

OCR Proposes HIPAA Amendments to Address Gun Violence

As we previously reported, President Obama has made it a priority to improve the National Instant Criminal Background Check System (“NICS”). Last week, more than eight months after the issuance of a advance notice of...more

Illinois Employers Should Beware Of The Impact Of The Firearm Concealed Carry Act

Illinois employers beware, if you want to prohibit the carrying of concealed firearms on your property, you must post a sign stating that the carrying of firearms is prohibited, according to a law that became effective...more

Act Now Advisory: Illinois's New Firearm Concealed Carry Act Requires Action Now by Employers

Earlier this year, Illinois passed the Firearm Concealed Carry Act ("Act"), which generally allows individuals to carry concealed guns in Illinois as long as they have a license to do so. The Illinois State Police will start...more

Friday Night Lights: No Place For Firearms

Sarasota County Jail had an extra inmate this month when a local man decided to bring a loaded and cocked .45 caliber pistol to a high school football game. Law enforcement officials were alerted to the presence of the man...more

BB&K Police Bulletin: Firearms Ban: Lifetime Firearms Ban on Domestic Violence Misdemeanants Constitutional

Overview: The Ninth Circuit recently upheld a federal law that bans misdemeanor domestic violence offenders from possessing firearms for life. A gun owner convicted of misdemeanor domestic violence in 1996 claimed that he was...more

In The Line Of Fire

Amon Fire and B.A. Ware have been hunting buddies since high school and have hunted with each other many times. The two men head out one crisp November day to go turkey hunting, as they are bound and determined that this...more

BB&K Police Bulletin: Unlicensed Firearm Transaction: Both Parties in Unlicensed Firearm Transaction Commit Punishable Offense

Overview: The California Office of the Attorney General recently issued an opinion finding that the offense of completing an unlicensed firearm transaction is committed by both the person transferring the firearm and the...more

Schools Now Required To Report When A Student Poses A “Clear And Present Danger”

The Firearm Concealed Carry Act, Public Act 98-0063, which became effective July 9, 2013, contains a new reporting requirement for school principals of which all school districts and private schools should be aware. Under the...more

Wills, Trusts & Estates Newsletter - November 2013

In This Issue: - 1031 Exchanges with a Twist - Firearms in Estate Planning - Estate Administration 101: What You Need to Know to Effectively Administer an Estate Qualifying as Executor - Excerpt from 1030...more

Firearms in Estate Planning

A little-discussed but important topic in estate planning is whether the client owns firearms of any variety. Although some estate planners view firearms just like all other tangible personal property (household items) owned...more

Short Wins - Overcriminalization And Prison Costs Head To Congress

Congress these days seems to have noticed that we have too many federal criminal laws - which is a good thing (the Congressional notice, less the excessive criminal laws). Last week, the House Judiciary Committee heard...more

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