Gun Laws

News & Analysis as of

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

How a Conflict of State and Local Laws Can Muddy Open Carry Laws

A Texas Federal Appeals Attorney Discusses Texas’s Open Carry Law - Texas is one of a few states that has an “open carry” law, at least as it relates to long guns or rifles. This means that in some circumstances it may be...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

Ohio House Committee Approves New Gun Legislation

The Ohio House of Representatives has approved gun legislation that would recognize concealed-carry licenses issued in other states and create a “stand your ground” law. The bill is now awaiting a vote in the state Senate....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

The World in US Courts: US Laws Discussed - Fall 2013

We provide below alphabetically very brief summaries of key US laws addressed by cases summarized in this edition. Please note that these summaries provide a very simplified overview of the statutes and are not intended to...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

Children And Firearms: Home-Grown Tragedy Waiting To Happen

Recently, we saw yet another horrible school shooting… the 13th this year. We saw yet another community struggling to understand the why and the how....more

An Overview Of Illinois’ Concealed Carry Law From An Employer's Perspective

The State of Illinois recently became the 50th state to pass a concealed carry law – the Firearm Concealed Carry Act (“FCCA”) – which will soon allow a properly licensed individual to carry a firearm. The FCCA lists certain,...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

Prohibited Areas and Employment Implications Under Illinois' New Concealed Carry Act

There are two pressing issues concerning implementation of Illinois' new Firearms Concealed Carry Act1 (Public Act 98-0063)... ...more

BB&K Police Bulletin: Ammunition Regulations: Criminal Statutes Restricting “Handgun Ammunition” Vague and Invalid

Overview: A California appellate court recently held that criminal statutes regulating handgun ammunition (defined as ammunition “principally for use” in “pistols, revolvers, and other firearms”) were unconstitutionally vague...more

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