Gun Laws

News & Analysis as of

South Carolina Legislative Update

Due to last week’s extreme weather, the South Carolina General Assembly met only on Tuesday and Wednesday. The Senate gave second reading to the criminal domestic violence bill and the House passed legislation regarding...more

Concealed carry triggers physician office questions on gun-toting patients

One year ago, Illinois became the last state to enact concealed carry firearm legislation after the Seventh U.S. Court of Appeals stuck down its longtime ban....more

Who's Packing? (and does it matter?) Schools, hospitals and government buildings ban firearms. Why don't more communities do the...

An otherwise peaceful and playful day this past summer at a southern Illinois homeowners association pool turned ugly when a resident with a history of behavioral problems became offended at a perceived slight. In...more

2015 Trends: #2 Dealing with Conflicting Legal Requirements: Guns, Drugs and Marriage in the U.S.A.

We asked industry experts, colleagues and compliance officers what they believe will be the top issues impacting workplace ethics and corporate compliance programs in 2015. We gathered their best thinking and prepared our...more

Guns In The Workplace Versus Employer’s Property Rights

There is a growing trend of state laws prohibiting employers from banning firearms on employers’ property. These laws are otherwise known as “parking lot laws.” At the state level, more and more states appear prepared to...more

A Constitutional Challenge to a Different Kind of Gun Control Legislation

A lawsuit was filed earlier this week which challenges the constitutionality of Cal. Penal Code § 26820, a California statute aimed at regulating the sale of guns. Tracy Rifle & Pistol LLC v. Harris (E.D. Cal. filed Nov. 10,...more

Governor Signs Two Gun-Related Bills; Vetoes One: Restraining Order and Toy Gun Bills Approved; Gun Registration Bill Vetoed

Gov. Jerry Brown recently took action on three bills of interest to law enforcement. He signed a measure allowing temporary restraining orders to block gun use, approved a bill requiring toy guns to be brightly colored and...more

Gun Store Law in Chicago

Despite being forced to allow gun sales by a federal judge, the Chicago City Council approved a legislation that would significantly limit locations at which gun stores could be opened. Gun store owners are being made aware...more

Open-Carriers Pose a Threat to Restaurants with Liquor Licenses

Regardless of their personal stance on any hot-button social issue, most business owners do not want their place of business to be the focus of demonstrations on that issue – wisely so, because rarely does being the focus of...more

Changes to Tennessee's Gun Law

We have received some questions regarding the short amendment to one of Tennessee's gun laws which went into effect last week. Specifically, section 39-17-1307 (e) of the Tennessee Code Annotated previously...more

Staying Productive in the Wild Wild West: Employer Responses to Bring Your Gun to Work Laws

It’s iconic Americana – the Earp brothers and Doc Holliday walk down an empty main street in Tombstone for their showdown with the Ike Clanton gang. But, can you refocus and replay that scene one more time but now with the...more

Excellent Information for Gun Owners

My neighbor, Carey Colt Payne, was telling me about his new website on laws pertaining to the ownership and transfer of firearms. Carey is a highly respected probate attorney in Las Vegas who is a descendant of the famous...more

Ninth Circuit Upholds Constitutionality of Two San Francisco Firearm and Ammunition Regulations

Regulations Requiring Storage of Handguns in Locked Container and Prohibiting Sale of Hollow-Point Ammunition Do Not Substantially Burden Second Amendment - Overview: The Ninth Circuit Court of Appeal recently held...more

Ninth Circuit: Local Governments May Regulate Handgun Storage and Hollow-Point Bullets

The Second Amendment confers an individual right to keep and bear arms. We know that now—after decades of uncertainty—because the Supreme Court said so in District of Columbia v. Heller, 554 U.S. 570 (2008). But...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

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

More Confusion Over the Right to Bear Arms

Just when you think you understand the overarching public policy concerns regarding the accessibility of weapons to citizens, along comes the decision of Peruta v. County of San Diego. Given the recent and continuing...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

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

Ninth Circuit Rules that San Diego’s Restrictions on Concealed Weapon Permits are Unconstitutional

Yesterday the Ninth Circuit ruled that “San Diego County’s ’good cause’ permitting requirement impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense.” The case is Peruta v. San Diego (9th...more

Tennessee Employee Gun Owner Protection Amendment Voted Down

Executive summary: On February 5, 2014, members of the Tennessee Senate voted down an amendment that would have created a specific employment protection for gun owners. The amendment sought to add a provision to the...more

NICS and HIPAA: Where Mental Health Privacy and Gun Control Overlap; HHS Releases Notice of Proposed Rulemaking

On January 7, 2014, the U.S. Department of Health and Human Services (HHS) issued a notice of proposed rulemaking (NPRM) for the purpose of modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to...more

2014 Labor And Employment Law Checklist

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find this 2014...more

The IRS and Gun Control

Earlier this month, the First Circuit Court of Appeals held in a case of first impression that evidence seized by IRS special agents from the taxpayer's home was admissible even though IRS Special Agents were armed when they...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

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