75 votes
Accepted

What are some possible law suits or civil actions the Las Vegas shooting victims could take?

You can sue anyone for anything. I will answer these on the assumption that the real question is whether there is a legal basis for such a suit. 1) Could someone open a civil action against the ...
ohwilleke's user avatar
  • 213k
48 votes
Accepted

Can a policeman have his service weapon on him in a building that does not allow guns?

A follow-up story appears on the local ABC television station, indicating that the security guard pleaded no contest to simple assault. The fact that the security guard was convicted of a misdemeanor ...
Gerard Ashton's user avatar
36 votes
Accepted

How are laws requiring gun buyers to be 21+ constitutional?

Isn't anyone 18 or older guaranteed full constitutional rights? No. How can someone between 18 and 21 be denied the right to own a gun based on age? The Second Amendment authorizes reasonable ...
ohwilleke's user avatar
  • 213k
27 votes

Are there any notable 2nd Amendment cases not involving (then) modern firearms?

You are conflating two issues The Second Amendment limits the restrictions governments can place on the weapons citizens can own and carry. It applies to all weapons, not just firearms. Teter v. Lopez ...
Dale M's user avatar
  • 209k
22 votes
Accepted

Is it legal in the US to leave a gun in the hands of a minor without oversight?

Aiden4's answer about Winconsin's statute 948.60 is correct, but incomplete and the complete reason is interesting/funny, so I'll expand on it: The statute reads: 948.60  Possession of a dangerous ...
Eugene's user avatar
  • 1,970
17 votes

Can a law enforcement officer temporarily 'grant' his authority to another?

Short Answer This is governed by state law (for state law enforcement officers granting this authority) or federal law (in the case of authority granted by a federal law enforcement officer), so the ...
ohwilleke's user avatar
  • 213k
16 votes
Accepted

Can an employer be required to provide an escort from office to vehicle?

Can an employer be required to provide an escort from office to vehicle? No, at least, not on the theory articulated in the question. I can imagine some circumstances where it is conceivable that ...
ohwilleke's user avatar
  • 213k
16 votes

Is it legal in the US to leave a gun in the hands of a minor without oversight?

Those blogs are half right. The relevant federal statute is 18 U.S.C. § 922(x). I won't reproduce it here for brevity, but it prohibits minors from possessing or purchasing handguns*, with some ...
Aiden4's user avatar
  • 279
13 votes
Accepted

Are there situations where it is legal to threaten someone with a gun but not legal to fire the gun?

Examples Detention: A person suspected of a felony can be detained at gunpoint (and, in many jurisdictions, subject to "citizen's arrest"). A more clear example is when you encounter someone ...
feetwet's user avatar
  • 21.8k
13 votes

Can a policeman have his service weapon on him in a building that does not allow guns?

The owner of a property can prohibit people from entering the property. If they want to make entering the property contingent on not carrying a gun, they are generally free to do so. There are, ...
Acccumulation's user avatar
13 votes

How are laws requiring gun buyers to be 21+ constitutional?

This was most recently decided in NRA vs. BATFE in 2013. There were two basic reasons: First, the Second Amendment can be seen as both providing an individual right and a collective right. The court ...
David's user avatar
  • 619
12 votes
Accepted

Are employers liable for employee safety if the workplace is declared a "gun free" zone?

Employees of an employer aren't governed by a fault based liability regime in the United States (subject to some usually quite narrow exceptions that vary from state to state, which sometimes also ...
ohwilleke's user avatar
  • 213k
11 votes
Accepted

How common are import bans of what is freely traded on national markets?

The import of slaves into the United States was banned in 1808, although slavery itself and the buying and selling of slaves remained legal on a Federal level until 1865. There were, of course, many ...
Robert Columbia's user avatar
11 votes
Accepted

Can one individual (not a dealer) give or sell a firearm to another individual without reporting the transaction?

I assume that "in Oregon" means that the donor (transferor) and recipient (transferee) are both in Oregon, also that neither party happens to be a licensed gun dealer. You turn to ORS 166....
user6726's user avatar
  • 215k
10 votes

Can I sell antique guns within the UK to UK residents - while being resident in the USA?

I emailed the Bureau of Alcohol, Tobacco and Firearms in the USA asking this and received the reply: "There is nothing to prevent you from marketing antiques in the UK while present in the US." I ...
Rob Stening's user avatar
10 votes

Legality of police bringing firearms into federal post office

39 CFR § 232.1(l) provides that: Notwithstanding the provisions of any other law, rule or regulation, no person while on postal property may carry firearms, other dangerous or deadly weapons, or ...
Kevin Li's user avatar
  • 2,310
9 votes

Under what circumstances is it OK for a layperson to shoot a fleeing burglar?

You have pretty well enumerated when it is legal. On the face of it it appears that the 11 year old acted illegally. So, if he is not being prosecuted, why not? Age of criminal responsibility. ...
Dale M's user avatar
  • 209k
7 votes

Can a law enforcement officer temporarily 'grant' his authority to another?

This is governed by state law. For example, regulations in the state of Washington allow veterinarians to euthanize wildlife under certain circumstances, and in a separate regulation, Only a law ...
user6726's user avatar
  • 215k
7 votes
Accepted

Is purchasing a tank legal?

Since no jurisdiction is specified, I decided to search in maryland in the united-states As far as I can tell, there is no state or federal law which prohibits a private individual from owning a ...
David Siegel's user avatar
7 votes
Accepted

Can you kick someone out of your commercial business for having a concealed weapon?

Generally, "yes", but it isn't a constitutional or federal right. It is a right that flows from the right of the owner of real property to determine who is allowed on real property, and the ...
ohwilleke's user avatar
  • 213k
7 votes
Accepted

Are tow truck drivers allowed to be armed while working?

Tow truck drivers in general might be allowed to carry firearms if they have a concealed weapons license, but the shooter in the case at hand wasn't merely a tow truck driver. He was actually ...
Nate Eldredge's user avatar
7 votes
Accepted

What laws and regulations apply to an external device that mechanically pulls the trigger of a gun?

This will potentially be decided by the Supreme Court of the United States in Garland v. Cargill. The issue in Cargill is whether a bump stock device constitues a device "designed and intended, ...
Jen's user avatar
  • 54.9k
6 votes
Accepted

Possessing a 'shotzooka'

First of all, we need to determine what laws this new hybrid gun falls under. We got a normal shotgun, which in itself might be under the National Firearms Act (NFA) a Class 3 Destructive device, but ...
Trish's user avatar
  • 39.4k
5 votes

What jurisdiction is responsible for firearms regulation in United States education institutions?

Generally, the Second Amendment, so the argument goes, guarantees American citizens the right to bear arms, aka carry firearms. State laws vary by state. California, Iowa, Maryland, Minnesota, New ...
A.fm.'s user avatar
  • 2,840
5 votes

owning firearms but keeping them out of state

The general story is that one state does not have jurisdiction over an act carried out in another state. The Wiki on state gun laws claims that ownership in Illinois requires a permit, but the law is ...
user6726's user avatar
  • 215k
5 votes

During a traffic stop, should you disclose that you are carrying a licensed firearm without being asked for it?

In South Carolina for example the law says A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable ...
user6726's user avatar
  • 215k
5 votes

What is it about airsoft which makes it illegal in Australia?

Wikipedia is pretty comprehensive. As a general rule, the following types of airsoft guns are illegal in all states: Guns capable of fully automatic fire. Guns that outwardly resemble a sub-machine ...
Dale M's user avatar
  • 209k
5 votes
Accepted

Is shipping an 80% lower to someone in Washington Illegal

Note, Washington State Senate Bill 5061 seeks to block certain "untracable" firearms without a serial number. This relates in part to "3D printable" guns, but the act of milling of a 80% lower (in ...
Burt_Harris's user avatar
  • 1,769

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