News & Analysis as of

Second Amendment

US: Guns at Work: The Implications of the Fifth Circuit’s Recent Decision in Swindol v. Aurora Flight Sciences Corporation

by Dentons on

The US Court of Appeals for the Fifth Circuit’s recent decision in Swindol v. Aurora Flight Sciences Corporation casts new doubt on the enforceability of employer policies prohibiting employees from carrying firearms onto...more

Community Associations and the Second Amendment

The Second Amendment to the United States’ Constitution guarantees individuals the right to keep and bear arms. The Florida constitution contains a similar guarantee. With few exceptions, Florida law allows licensed...more

Seventh Circuit Strikes Down Zoning Regulations and Age Restriction Governing Shooting Ranges

by Holland & Knight LLP on

On Jan. 18, 2017, the U.S. Court of Appeals for the Seventh Circuit struck down Chicago's zoning regulations limiting shooting ranges to only a small portion of the city, as well as the city's ban on minors entering shooting...more

What’s Next Under the Congressional Review Act?

As we reported, the House and Senate have passed a joint resolution under the Congressional Review Act disapproving the SEC Resource Extraction Rule and that President Trump was expected to sign the legislation that...more

Book Review: The World According to Star Wars

by Reed Smith on

It was right after our selfie with Minion Captain America that we saw it. We were marching up and down the aisles, dodging empire storm troopers. Bright lights and backbone-rattling sounds shot out of the Nickelodeon and Star...more

Concealed Carry Permits & Regulatory Reporting Requirements: Who Decides?

by Gray Reed & McGraw on

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

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

by Williams Mullen on

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

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

by Miller Starr Regalia on

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

SC Public Policy Update - May 2016 #2

by Nexsen Pruet, PLLC on

What's New - SENATE - It was a short but busy week in the Senate as members worked through numerous bills remaining on the Senate calendar. The Senate gave third reading on Thursday to H. 5009, relating to the...more

The Right to Bear… Stun Guns: Second Amendment Protections Expanded?

by Butler Snow LLP on

The State of Massachusetts prohibits the possession of any “portable device or weapon from which an electrical current, impulse, wave or beam may be directed, which current impulse, wave or beam is designed to incapacitate...more

The Dawn Of A New Wild, Wild West In Mississippi? State Supreme Court Rules On Employees Workplace Firearm Rights

by Fisher Phillips on

On March 24, 2016, the Mississippi Supreme Court issued an opinion that allowed an employee to proceed with a wrongful discharge lawsuit after being terminated for possessing a gun on company premises, significantly altering...more

Supreme Court Update: Hawkins V. Patterson (14-520), Tyson Foods V. Bouaphakeo (14-1146), Nebraska V. Parker (14-406), Sturgeon V....

by Wiggin and Dana LLP on

So many announcements since our last Update. The President announced D.C. Circuit Chief Judge Merrick Garland as his pick to take the late Justice Scalia's seat on the Court; Senate Republicans promptly announced that they...more

The Supreme Court - March 2016 #3

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued one per curiam decision on March 21, 2016: Caetano v. Massachusetts, No. 14-10078: Massachusetts enacted a law prohibiting the possession of stun guns. That law was upheld...more

Supreme Court Decides Caetano v. Massachusetts

by Faegre Baker Daniels on

On March 21, 2016, the Supreme Court decided Caetano v. Massachusetts, No. 14-10078, reversing the Massachusetts Supreme Judicial Court’s decision upholding a Massachusetts law prohibiting the possession of stun guns. The...more

SC Public Policy Update - March #1

by Nexsen Pruet, PLLC on

What's New - SENATE - The three-week filibuster on the South Carolina Infrastructure Finance Reform and Tax Relief Act (H.3579) ended late Wednesday night when lawmakers agreed via a party line vote (24-16) to move...more

Supreme Court Update: Shapiro V. McManus (14-990) And Order List

by Wiggin and Dana LLP on

While most of the Courtward attention this week was focused on oral arguments in Evenwel v. Abbott (14-940) and Fisher v. UT Austin (14-981), concerning "one person one vote" and affirmative action in college admissions,...more

Cities Left on Their Own in Gun Control Ordinances … For Now

by Best Best & Krieger LLP on

The United States Supreme Court recently declined review of a lower court decision upholding a City of Highland Park, Ill. ordinance banning the sale and possession of semiautomatic guns that carry more than 10 rounds of...more

BRING-YOUR-GUN-TO-WORK-DAY? . . . . MAYBE! Swindol v. Aurora Flight Sciences Corporation

by Butler Snow LLP on

Robert Swindol brought his gun to work . . . kind of. He parked his car in the Aurora Flight Services parking lot with his firearm locked inside. Aurora’s mangers learned about the firearm and fired Swindol that day for...more

Bitcoin and Bullets: An Unexpected Alliance

by Goodwin on

At first blush, one might not expect the digital currency and firearm industries to have much in common – when was the last time you heard someone utter Bitcoin and guns in the same breath? Recently, however, the two...more

Williams Mullen Files Brief with NC Supreme Court to Protect Rights of Shooting Range Owners

by Williams Mullen on

On June 1, 2015, the North Carolina Supreme Court accepted an amicus brief from the Second Amendment Foundation, authored by Camden R. Webb in a case that challenges the ability of a county ordinance to completely prohibit...more

Pro Bono Q&A: How One Law Firm Is Helping a California City Curb Gun Violence

by JD Supra Perspectives on

A JD Supra Pro Bono Profile: Q&A with Farella Braun + Martel partner Tony Schoenberg about his work related to a Sunnyvale, Calif., ordinance that bans the possession of large-capacity gun magazines. ...more

Ninth Circuit to Rehear Second Amendment Case

by Best Best & Krieger LLP on

Case Challenges San Diego County Sheriff’s Policy on Issuance of Concealed Carry Permits - A federal appellate court’s decision to re-hear a controversial Second Amendment case has left California without any federal...more

Second Amendment Protects Former Mental Institution Patient’s Right to Bear Arms

by Varnum LLP on

Called an "important issue of first impression in the federal courts," the Sixth Circuit, in Tyler v. Hillsdale County Sheriff's Department held that the Second Amendment protects the right of some individuals "who have been...more

A Constitutional Challenge to a Different Kind of Gun Control Legislation

by Dorsey & Whitney LLP on

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

Second Amendment Rights “Out the Door” in D.C.

by Williams Mullen on

Despite what might be implied by this article’s title, Second Amendment rights have actually expanded in D.C. recently. Last month, in Palmer v. District of Columbia __F. Supp.2d__ (2014); 2014 WL 3702854 (D.D.C. July 24,...more

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