Firearms

News & Analysis as of

ATF Final Rule 41F – Background Checks for Responsible Persons

Seyfarth Synopsis: Going forward, ATF’s new rule on applications by a trust or legal entity to make or transfer NFA firearms, requires that they be submitted on new forms — including background checks. The Bureau of...more

Tennessee Businesses: To Ban Firearms on Your Property, Bear the Appropriate Signage

In Tennessee, businesses generally have the right to prohibit the possession of weapons on their property. This right to prohibit weapons applies even to individuals with valid handgun carry permits. The main exception to...more

2016 Legislative Changes to Virginia Family Law

The 2016 Virginia General Assembly enacted several changes to statutes relating to family law in the Commonwealth. Those changes are effective July 1, 2016 and include the following...more

Concealed Carry Permits & Regulatory Reporting Requirements: Who Decides?

How do subjective decisions of government officials, when it comes to issuing any kind of permit, affect private citizens? What are the risks of making any sort of “ownership database” publicly accessible?...more

The Supreme Court - June 2016 #7

The Supreme Court of the United States issued decisions in three cases today: McDonnell v. United States, No. 15-474: Former Virginia Governor Robert McDonnell and his wife, Maureen McDonnell, were federally indicted...more

Tennessee’s Gun-Free Workplaces Must Heed New Notice Requirements

Tennessee generally allows employers to prohibit employees and other individuals from possessing weapons on properties owned or operated by employers. The primary exception to this general rule concerns individuals with...more

Even As They Lament The Horrific Reality Of Mass Violence, Employers Must Consider How To Prevent It In Their Workplaces

After last week’s horrific mass shooting in Orlando, which targeted the LGBT community, most of us have spent days lost in thought, in sadness, and in concern about how such tragedies continue to occur. As people return their...more

Senators’ Gun Control Proposals Illustrate Key Tension in Federal Firearms Policy

On June 20, the Senate voted on four proposals to amend federal gun control laws. These proposals, being considered just 9 days after Omar Mateen attacked the Pulse nightclub in Orlando, actually were not expected to be...more

Private Employer Posting Requirements: Prohibition Of Guns In The Workplace

With recent events regarding gun violence, employers should be aware that several states require private employers to post notices if they ban guns at the workplace. An employer’s obligation regarding specific language and...more

Unintentional Felonies Every CEO Needs to Know About

Heads-up! That bottle of chardonnay you plan on sending to your top client could land you in hot water with the Federal Government. The CEO of any company—large or small—needs to be conscious of business decisions...more

When Land Use Regulations Collide With the Protections of the Second Amendment

The Second Amendment states that “[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.” In District of Columbia v. Heller, the...more

Before Engaging in Target Practice – Be Sure You are Allowed to Possess a Firearm

The Baltimore County Police Department makes a regular practice of obtaining lists of people who have engaged in target practice at local firearms ranges. The police department then compares the list of individuals who have...more

New ATF Ruling Allows Cloud-Based Storage of Acquisition and Disposition Records

The ATF has just released a new ruling — ATF Ruling 2016-1 — that modernizes the procedures for federal firearms licensees to keep their acquisition and disposition records in electronic format. The former procedures under...more

Georgia governor issues 17 vetoes

Georgia's Republican governor on Tuesday issued his final 16 vetoes of legislation passed this session by the GOP-controlled legislature, most notably breaking with his party over a controversial measure that would have...more

Sandy Hook Lawsuit Aims to Weaken PLCAA, While Judge Denies Motion to Dismiss

In January, we analyzed the immunities provided to firearms industry members under the Protection of Lawful Commerce in Arms Act (PLCAA). Despite statements by some political candidates, the PLCAA provides protection only in...more

The Supreme Court - April 2016 #2

The Supreme Court of the United States issued one decision on April 18, 2016: - Welch v. United States, No. 15-6418: Last term, the Supreme Court, in Johnson v. United States, 576 U.S. __ (2015), held that the residual...more

HHS Finalizes Exception to HIPAA Privacy Rule for Firearm Background Checks

In January of 2016, the Department of Health & Human Services (“HHS”) issued a final rule modifying the HIPAA Privacy Rule. This modification allows certain covered entities to disclose the identities of certain individuals...more

HIPAA Modifications to Strengthen Firearm Background Checks

As part of the President's recently announced initiative to strengthen background checks for firearm purchases, the Department of Health and Human Services (HHS) released a modification to the HIPAA regulations. According to...more

Texas Open Carry Law: FAQs for Hospitals and Healthcare Facilities

As of January 1, 2016, concealed license holders in Texas can now legally carry their handguns visibly in hip or shoulder holsters. This comes at a time when violence in hospitals and healthcare facilities is on the rise....more

New Gun Trusts Laws Take Effect July 13, 2016

Firearms such as short-barreled rifle or shotguns, silencers or suppressors, and machine guns (i.e., Title II firearms) are regulated by the federal government as to their purchase, transfer and manufacture. ...more

Workplace Violence Prevention: DHS Promotes “Active Shooter Preparedness” Programs – Is Your Company Ready?

Violence, often involving firearms, is an increasingly common occurrence in the 21st century workplace. The Federal Bureau of Investigation notes that even though homicide is “the most publicized form of violence in the...more

Clearing Up Confusion Over the Modified HIPAA Privacy Rule

The Department of Health and Human Services issued a final rule under the Health Insurance Portability and Accountability Act of 1996, which will go into effect on February 5, 2016. HHS published the final rule in tandem with...more

How the DOJ’s New Regulatory Framework for Gun Trusts Managed to Strike a Reasonable Balance

On January 15, 2016, the Department of Justice (DOJ) issued a final rule that fundamentally changed the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulatory environment for items that are manufactured and...more

If You Provide Behavioral Health Services, Do the New HIPAA Reporting Rules Apply to You?

In early January, the Office for Civil Rights of the United States Department of Health and Human Services (“OCR”) issued new regulations regarding the right of certain HIPAA covered entities to disclose mental health...more

Executive Gun Control Actions Result in HIPAA Modifications

In response to the Obama Administration’s executive actions to reduce gun violence, on January 4, 2016, the U.S. Department of Health and Human Services’ Office of Civil Rights (OCR) issued a final rule, which modifies the...more

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