The Right to Bear Arms — Again

As reported on this blog last year, the U.S. Supreme court ruled that the Second Amendment gives individuals a right to keep and bear arms for personal use. The Court didn’t say whether the Second Amendment generally applies to state and local governments. The Court’s ruling also didn’t directly affect employer policies banning guns from the workplace.

While state legislatures have been debating laws concerning state and local government gun restrictions (check out Tennessee’s new law, for example), federal courts of appeals are weighing in on the same issue. Since these courts have been disagreeing with each other, it would seem likely that one or more of these federal court of appeals cases will give the Supreme Court an opportunity to further clarify what it meant in last year’s historic ruling.

But the Court must decide whether to take the appeals of any of these cases, and although all kinds of folks are salivating over the prospect of another Second Amendment decision from the Court, it doesn’t always satisfy those who salivate. In the meantime, state legislatures will continue to consider gun legislation, and lower courts will continue to decide cases dealing with unresolved issues. Employers will also be watching carefully to see if they need to modify their policies.

Stay tuned.