Gun Laws

News & Analysis as of

HHS OCR Issues Rule Modifying HIPAA In Effort To Fight Gun Violence

On January 4, 2016, the Department of Health and Human Services Office for Civil Rights (“OCR”) issued a rule modifying the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule to expressly...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

Are "Bring Your Gun To Work" Policies A Good Idea?

As the national debate roils about how to handle the problem of gun violence in modern American society, employers are asking whether it makes sense to allow employees to carry firearms at work. Although office killings have...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Legislature Delays Passage of a Tax Conformity Bill - The Appropriations Committee worked on...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

2016 Washington Preview

Having completed the first session of the 114th Congress, many in Washington are quickly turning toward the 2016 elections. In the coming year, the headlines will undoubtedly be dominated by electioneering but, after a...more

Health Care E-Note - January 2016

The 2016 Medicare Physician Fee Schedule Final Rule ("Final Rule") contains recent changes to the Federal Stark Law, the majority of which took effect on January 1, 2016. The issuance of the Final Rule on November 16, 2015...more

Avoid “Uh-Oh”-Pen Carry at the Airport

Since Texas’ open carry law went into effect at the beginning of the year, Pistol Pete has carried his Glock everywhere he can in his shoulder holster. In a rush to make his flight to Houston for a business meeting, Pete...more

HIPAA Modified in Tandem with Executive Action on Gun Control: Much Ado About Narrow Permissive Reporting Requirements

On January 6, 2016, the Office for Civil Rights (“OCR”) within the federal Department of Health and Human Services (“HHS”) issued a final rule to modify the Health Insurance Portability and Accountability Act of 1996...more

Lawsuit “Immunity” for the Gun Industry and What the PLCAA Really Says

Do gun manufacturers really have blanket immunity from lawsuits? No, not even close. The 2016 campaign season has brought a big dose of gun policy debate, and some candidates have claimed that gun manufacturers have...more

HHS Removes Barriers to Reporting Federal Mental Health Prohibitor Status for Gun Background Checks

On January 6, 2016, the U.S. Department of Health and Human Services (HHS) released a modification to the Health Insurance Portability and Accountability Act (HIPAA) removing barriers to reporting federal mental health...more

A&B Healthcare Week in Review - January 2016

On January 5, 2016, the Office of Management and Budget (OMB) received for review a final rule from the Centers for Medicare & Medicaid Services (CMS) entitled Covered Outpatient Drugs (CMS-2345-F). The rule had previously...more

Guns at Work: Is Your Employment Handbook Loaded to Fire?

Guns seem to always be in the spotlight, or at least in the legal stage’s side light. Proponents of gun safety or regulation clash with those who believe everyone of sound mind has the right to bear arms. There are extremists...more

Technology, Guns and the NLRB – Get Ready for 2016

Happy New Year! To help ring in the New Year and pin down last-minute New Year’s resolutions, let’s look at six topics impacting the workplace in 2016...more

HIPAA Privacy Rule Now Permits Reporting for Firearms Background Checks

On January 4, 2016, the U.S. Department of Health and Human Services (HHS) issued a final rule that modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. This modification expressly...more

HIPAA Privacy Rule Amendment will Permit Very Limited Reporting of Mental Health Information to the NICS

An amendment to HIPAA’s privacy rules will allow a limited subset of covered entities (such as, potentially, state agencies) to disclose information to the National Instant Criminal Background Check System (NICS)....more

Gun Control: HIPAA Final Rule Targets Background Checks and Mental Health Reporting

President Obama has announced plans to tighten gun control regulations, including applying the background check requirement to dealers at gun shows and on websites. Federal law already requires that those “engaged in the...more

HIPAA Privacy Rule Amended To Permit Reporting of Firearm Background Check Information

The January 6, 2016 Federal Register included a final rule (“Final Rule”) amending the HIPAA Privacy Rule to expressly permit certain “covered entities” to disclose to the National Instant Criminal Background Check System...more

No Shoes, No Shirt, No Guns? Steps Businesses Must Take to Prevent Open Carry by Employees and Customers

Effective January 1, 2016, Concealed Handgun License (CHL) holders are now allowed to carry their guns in visible holsters on their hips or shoulders. Previously, CHL holders were required to conceal their weapon completely...more

Labor and Employment Observer 2015/2016

The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC - BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news,...more

How Does the New Texas Open Carry Law Affect Employers?

On January 1, 2016, Texas became the 45th state to allow the open carry of firearms. This affects most private employers, with exceptions for schools and certain areas of oil and gas refineries. Private and public businesses...more

Gun Control and HIPAA

In the wake of recent gun violence and in a concerted effort to protect public safety, the Department of Health and Human Services (HHS) released a final rule published in the Federal Register January 6, 2016, that modifies...more

Firearms Industry Alert: Obama’s Executive Order Broadens Regulation, Highlights Compliance Challenges

This article is a preliminary report on the Obama administration’s action on gun control, which was announced on January 5, 2016, and provides a brief overview of the proposed action. We will provide more in-depth analysis...more

Understanding the New Texas “Open Carry” Gun Laws

Effective January 1, 2016, individuals with a license to carry will be authorized to carry a holstered handgun openly in public. Texas property owners must comply with specific requirements if they decide to prohibit guns on...more

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