Firearms

News & Analysis as of

Accidental Shootings On The Rise In Chicago

Accidental gun violence is becoming an epidemic in the United States, leading to more than 7700 injuries between 2001 and 2010. Victims of accidental gunshots may pursue compensation for their injuries with the help of an...more

Differences in Public Policy Can Affect Claims of Wrongful Discharge

Most jurisdictions, including Connecticut, recognize a tort of “wrongful discharge” as an exception to the principle of employment at will. Although employment at will generally allows either the employer or the employee to...more

New Guidance on ITAR Registration in the Firearms Industry

The State Department has issued new policy guidance regarding the requirement for gunsmiths and others involved in the firearms industry to register with the State Department under Part 122 of the International Traffic In...more

Guns and Motorcycle Clubs Oh My! – What’s an HR Manager To Do?

Seyfarth Synopsis: A couple of Circuit Court decisions last week may cause some trepidation for your company’s HR managers as they shuffle through the off-duty activities of company employees that get brought onto the...more

Gun Manufacturing's Large Role in MA Economy Has Not Deterred AG Healey

It was good, I guess, that the Massachusetts Medical Society weighed in on August 9th in favor of Attorney General Maura Healey’s actions strengthening the state ban on assault weapons by expressly having it cover an array of...more

New Decision Allows Employee Suit for Violation of Concealed Handgun Law

Texas and many other states in the South have passed state laws in recent years restricting employers from terminating employees who keep their lawfully-licensed concealed handgun locked in their vehicle. For the most part,...more

Tennessee Employers Can Continue to Prohibit Guns Without New Liability

On July 1, 2016, Senate Bill 1736 went into effect in Tennessee. The law, introduced on January 15, 2016, was the subject of significant controversy. As the first of its kind across the country, SB 1736 as introduced sought...more

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

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