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Is It Illegal to Let a Friend Borrow Your Gun?

Your gun, your rights, your problem? It's pretty common in America to let someone borrow, use, try, or otherwise handle a firearm. Hunters do it in the woods, shooters at the range, purchasers at trade shows, and kids at summer camps. Put those scenarios to one side, then consider the other side: criminal defendants arguing about who used whose gun to shoot so-and-so, or an otherwise responsible owner having to explain how his gun ended up in a kid's backpack at school. So what's the law on letting someone borrow your gun? America's Patchwork Gun Laws There's an old legal adage that everything is legal unless prohibited. While it's not necessarily true, it's a fairly good guide when it comes to gun laws. According to the U.S. Supreme Court, the U.S. Constitution grants individuals a right to possess a firearm for lawful purposes, and this applies to states as well. Federal Gun Laws Federal law bans anyone convicted of a felony from possessing a firearm. That's one of the more common federal criminal prosecutions out there. It's also illegal to ship a firearm out of state without a license. Certain types of firearms - assault weapons, military grade hardware, etc. -- are either banned or tightly regulated. It's important to know who you'd be giving your gun to. Note any specific laws about the type of weapon as well. State Gun Laws From there, it really depends where you live. State gun control laws vary considerably. Buying, selling, or transferring ownership of a gun might be regulated where you live. Virtually all states prohibit possessing a gun near a school. Big cities and urban areas may have more restrictive policies than the countryside. Gun laws are for the most part state and laws, and it's difficult to generalize. Related Resources Find a Criminal Defense Lawyer Near You (FindLaw's Lawyer Directory) America's Gun Culture in 10 Charts (BBC News) State Gun Control Laws (FindLaw's State Laws) Legal How-To: Giving a Gun as a Gift (FindLaw's Law and Daily Life)
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When Is It Illegal for a Nursing Home to Evict Residents?

There are broad legal protections for nursing home residents. Federal and state laws prevent nursing homes from arbitrarily evicting patients, a process called 'involuntary discharge.' Yet complaints about wrongful nursing home evictions are rising. It's a problem that wraps up the care needs of resident patients with the difficult realities of running a nursing home. Prohibited Nursing Home Evictions Federal law protects against abusive nursing home practices, including unjustly evicting sick patients. Often complaints center on homes making room for more desirable (paying) patients, which is prohibited under law but affects a home's bottom line. Nursing homes are required to ensure that discharged patients have someplace to go as well. These federal requirements are tied to a nursing home's receipt of Medicare and Medicaid certification and funds -- which are important to the industry's credibility and business viability. Federal enforcement of violations is out there. Many states have similar legal protections and enforcement agencies. Protecting Nursing Home Rights While legal protections exist, it's important to understand their limits. Nursing homes can involuntarily discharge patients in specific situations. Patients whose needs can't be met or whose presence poses risks to other patients can be discharged. Failure to pay is another reason. It's not uncommon for patients to come in on Medicare only for their benefits to run out. When that happens, costs aren't covered and eviction becomes possible. Wrongful Evictions: What to Do? You and your loved ones have rights against wrongful eviction from a nursing home. You can file a complaint with a federal or state regulatory agency, or else contact a local elder law attorney for help. Related Resources Find Elder Law Lawyers Near You (FindLaw's Lawyer Directory) Nursing Home Residents: 5 Legal Rights (FindLaw's Law & Daily Life Blog) Protecting Nursing Home Residents from Eviction (FindLaw's Learn About the Law) As Nursing Homes Evict Patients, States Question Motives (NPR)
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Accused of Domestic Violence: What to Do

Domestic violence doesn't discriminate -- it can occur in rich homes and poor homes, and can affect people of any race. While domestic violence laws vary from state to state, it's usually classified as a serious crime in all jurisdictions. Unfortunately, sometimes someone may accuse his or her partner of domestic violence even though it's not true. A person may do this out of spite or to gain the upper hand in a divorce. However, even if the domestic violence charges are dismissed, just being accused of domestic violence can have a negative impact on your life. How Can Being Accused of Domestic Violence Affect You? There are various ways that an accusation that you have committed domestic violence can affect you. First, an accusation alone can ruin your reputation, which in turn can negatively impact your personal and professional life. If your partner reports it to the police, it can result in criminal charges, even if your partner recants.Your partner has other recourse under the law as well, such as filing a civil lawsuit. If you're involved in a divorce or legal separation, a domestic violence accusation can also affect child custody decisions. Finally, even though not everyone wants to own a gun, a domestic violence offender (if convicted or if the alleged victim has a restraining order) is prohibited from buying a gun under federal law.What to Do to Protect YourselfEvery person's situation is different, but there are some general things you can to do protect yourself if you are being accused -- especially if the accusations are completely false. First, don't say anything that may be used against you in court, and don't escalate the situation.Then, contact your family to let them know of the situation. It's possible your accuser could try to turn your family against you. If the accusations are false, you should get out ahead of them so that your family doesn't turn against you.Also, you should consider protecting your valuables and changing your passwords. This will help prevent your accuser from substantiating false claims. For example, an accuser could send threatening text messages or emails from your device in an attempt to establish evidence of your abuse. Don't let this happen.Most importantly, you should talk to a legal professional.Seeking Legal Help Considering the consequences of being convicted or even accused of domestic violence, the best course of action is to contact an attorney near you to discuss the circumstances of your case and come up with the best defense.Even if the police have not gotten involved yet, you may want to contact a legal professional if someone has threatened to accuse you of domestic violence. A legal professional can help you understand your situation and may even be able to mitigate your domestic disputes before they become more serious. Related Resources: Find Lawyers Near You (FindLaw's Lawyer Directory) Domestic Violence (FindLaw's Learn About the Law) Can a Domestic Violence Conviction Be Expunged From Your Record? (FindLaw's Law and Daily Life) Can I Still Own a Gun After a Domestic Violence Conviction? (FindLaw's Blotter) Top 5 Domestic Violence Questions (FindLaw's Blotter)
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Vermont Legalizes Marijuana: 5 Quick Facts You Should Know

It's official! Vermont became the ninth state to legalize the recreational use of marijuana on Monday. The state's Republican governor, Phil Scott, signed House Bill 511 into law after it cleared the state legislature earlier this month. The Green Mountain State joins a growing number of states to remove penalties for possessing small amounts of marijuana. The law takes effect on July 1st. Yet aspiring cannabis connoisseurs should be wary of jumping into the Vermont "bud" business prematurely. Here are five quick facts to know about the state of the law in Vermont. 1. You Can Smoke It Vermonters can possess up to one ounce of cannabis under the new law, a limitation that's in line with recent legalizations in Colorado and Washington State. This limit is intended to permit the recreational use of the drug -- but not large scale supply and cultivation. 2. You Can Grow Some of It The law further removes criminal penalties for having your own marijuana plants. Vermont allows the possession of two mature marijuana plants and four immature plants, enough to permit the green-thumb ganja lovers to keep their own fresh supply at home. 3. But You Can't Sell It The law does not legalize a state marijuana market, however. The governor previously vetoed legislation legalizing the sale of marijuana, which the state is leaving open to further action at a later date. 4. You Need to Be Old Enough to Drink Vermont's decriminalization law only applies to people twenty-one years of age and over. Minors (and a great many college students) aren't included. And there are penalties for selling recreational weed to underage persons too. 5. Federal Law Hasn't Changed Despite state decriminalization, federal law still prohibits possessing marijuana. And, at least where U.S. Attorney General Jeff Sessions is concerned, federal prosecution remains a possibility.If you run into legal issues with marijuana in Vermont or another state, contact a criminal defense lawyer for help. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) State Marijuana Laws (FindLaw's State Laws) Vermont Becomes Ninth U.S. State to Legalize Marijuana (Reuters)
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Can You Be Fired for Having Your Period at Work?

'Every woman dreads getting period symptoms when they're not expecting them,' said Alisha Coleman, 'but I never thought I could be fired for it.' It's not a legal question often asked, but Coleman should know better than most. She was fired from a 911 call center in Georgia, allegedly after experiencing heavy menstrual symptoms related to the onset of menopause while at work. With help from the American Civil Liberties Union, she is now suing her former employer, the Bobby Dodd Institute, for gender discrimination. "I don't want any woman to have to go through what I did," Coleman stated. Working Woman According to her suit, Coleman was experiencing symptoms of premenopause at the time of her firing, which can include "irregular and unpredictable sudden onset menstrual periods, which could be heavy at times." In August of 2015, Coleman "unexpectedly experienced a sudden onset of her menstrual period that resulted in her accidentally leaking menstrual fluid on her office chair." She reported the event to her supervisor, who advised her to leave the premises to change clothing. Soon after her supervisor and HR Director warned her "that she would be fired if she ever soiled another chair from sudden onset menstrual flow." In April of 2016, some menstrual fluid unexpectedly leaked onto the carpet when Coleman got up to walk to the bathroom. Despite immediately cleaning the spot with bleach and disinfectant, Coleman was terminated, allegedly for her failure to "practice high standards of personal hygiene and maintain a clean, neat appearance while on duty." Workplace Legal Protections Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sex. The Pregnancy Discrimination Act of 1978 amended the Civil Rights Act, barring discrimination of "women affected by pregnancy, childbirth, or related medical conditions." The question Coleman's lawsuit raises is whether either or both laws apply to women undergoing menopause. The Bobby Dodd Institute argued against that proposition in its motion to dismiss the suit, and said Coleman wasn't targeted for being female. A district court judge agreed and dismissed her case in June, ruling it was not clear that Coleman's treatment for "excessive menstruation was treated less favorably than similar conditions affecting both sexes," or that "male employees who soiled themselves and company property due to a medical condition, such as incontinence, would have been treated more favorably." The ACLU took up her case, filing an appeal on her behalf. "Employers have no business policing women's bodies or their menstrual cycles," said Andrea Young, ACLU of Georgia executive director in a statement. "Firing a woman for getting her period at work is offensive and an insult to every woman in the workplace ... That's wrong and illegal under federal law. We're fighting back." Related Resources: Find an Employment Lawyer in Your Area (FindLaw's Lawyer Directory) Pregnancy Discrimination Warning Signs (FindLaw's Law and Daily Life) 5 Reasons You Can't Be Fired From Your Job (FindLaw's Law and Daily Life) When Can You Sue for Wrongful Termination? (FindLaw's Law and Daily Life)
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Nurse Arrested for Not Drawing Coma Patient’s Blood for Police

National news outlets have been reporting the sensational story of a Salt Lake City, Utah nurse who was arrested after refusing the command of a police officer to draw the blood of a comatose patient for an investigation. Fortunately for Alex Wubbels, the nurse involved in the incident, police body cameras recorded the entire event. The nurse cited the hospital policy of requiring a patient's consent, a warrant, or an intent to arrest, before drawing blood for police. When the officer insisted on getting the blood draw done despite not satisfying any of these conditions, Wubbels refused and was then arrested on the spot. What Happened Here? Surprisingly, the coma patient, a truck driver, whom the police were seeking a blood draw from is an innocent victim. Police were chasing a fleeing suspect, when that suspecting crashed head on into the truck driver's big rig, resulting in a fiery crash. The suspect died at the scene, while the truck driver survived, but fell into a coma. The police, in conducting a thorough investigation, were seeking a blood sample from the truck driver to rule out any liability on his end (note: police may not have a legal right to this sample thanks to the Fourth Amendment's protections). The body camera footage clearly shows nurse Wubbels explaining the policy to the officer in charge, and then the officer losing his cool, grabbing her, cuffing her, and forcefully pulling her out of the hospital. During the ordeal, Wubbels can be heard yelling that she did nothing wrong, and that the officer is hurting her. Fortunately, when the superior officer arrived at the scene, she was released. It was explained to the officer that the hospital already took a blood draw, but that they would not release it without proper legal authorization. The city's administration has been extraordinarily embarrassed, issued apologies, and has stated that it is committed to changing policies to prevent this from happening again. The arresting officer has been placed on paid administrative leave pending the investigation into his actions (though the report he filed asserts his superior instructed him to arrest Wubbels). What's the Claim? When officers of law cross the line in performing their duties, both the officers, individually, and the municipality, state, or other government entity can be held liable. Generally, under federal law, 42 USC 1983 protects individuals from police misconduct, including false arrest or excessive force. There may also be claims under state laws, depending on the state where the incident occurred. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) How Does the iPhone's New 'Cop Button' Work? (FindLaw Blotter) NY DMV Busts 4k Fraudsters With Facial Recognition Tech (FindLaw Blotter) Criminal Charges Following Violence, Death in Charlottesville (FindLaw Blotter)
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Teen Dies After Gym Teacher Refuses Asthma Inhaler Request

'When a child is in the school district, from the time they get there, the school is responsible for their safety.' So said attorney Jay Dorsey, who is representing the family of a 14-year-old girl who collapsed and died after a gym teacher refused repeated requests to retrieve her inhaler from her locker. The family has filed a federal lawsuit against the county board of education, the high school where it happened, and the unnamed gym teacher, charging them with civil rights violations, wrongful death, gross negligence, and negligence in hiring and supervising employees. Asthma Attack The incident happened in Montgomery County, Maryland, and Washington's NBC4 first reported on the lawsuit. According to the suit, Taylor Walton began having an asthma attack during gym class in November 2015, and asked the teacher twice to leave class and get her inhaler: A third time, Taylor again approached the John Doe Gym Teacher and stated that she was still having severe problems breathing and that she (was) leaving class to get her inhaler ... Thereafter, Taylor left the gym class. As Taylor was observed leaving the gymnasium, there were no efforts by Defendant Gym Teacher or other members of the gym staff to accompany her to her locker to help her get her inhaler or to secure her safety. Taylor was found by another school employee, collapsed on the steps outside the gym. Efforts to revive her by school staff and emergency responders were unsuccessful. School Board Breach According to the lawsuit, Taylor had suffered a prior asthma attack in the same gym teacher's class before, school officials we aware she suffered from asthma, and were required to distribute an "emergency treatment plan" to her teachers. Taylor's family is seeking $10 million from the Montgomery County Public School district. "The actions or omissions of the Defendant Board and its staff ... breached the duty owed Taylor," the lawsuit alleges. "Each individual breach by the Board and staff, or in concert with each other, was a substantial factor in proximately causing injury and then death of Taylor." Related Resources: Find Wrongful Death Lawyers Near You (FindLaw's Lawyer Directory) When Are Schools Liable for Student Injuries? (FindLaw's Injured) How Do You Sue a School District? (FindLaw's Injured) Max Gilpin School Football Death Suit Settles (FindLaw's Injured)
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Federal Agents Raid Los Angeles Casino for Allegedly Laundering Money, Again

An ongoing investigation against the Bicycle Hotel and Casino in Bell Gardens, a city in Los Angeles, resulted in federal agents raiding the casino and closing the gambling floor this week. Since the warrant issued for the raid by a federal district court judge was filed under seal, there are only a few details about the investigation. However, this same casino was found, after a 1991 investigation, to have been built using drug money. Although numerous gamblers speculated that the raid was a result of rigged gaming tables, unnamed media sources clarified that the casino is under investigation for money laundering. Casino patrons holding stacks of chips will be pleased to know that the casino reopened this week after investigators finished their search. However, there may be some more legal trouble in their future, depending on what the search discovered. What is Money Laundering? The crime of money laundering occurs when a person exchanges illegally obtained money, such as the proceeds from the sale of drugs, stolen goods, or other criminal activities, for "clean" money. Many financial institutions are regulated in such a way that certain transactions are monitored for suspicious activity. However, businesses that operate with modest, or even sometimes large amounts of cash can sometimes fly under the radar of authorities, as we learned in Breaking Bad. Penalties for Money Laundering Money laundering is a relatively common type of white collar crime. Depending on whether charges are brought by federal or state authorities, the penalties for money laundering can vary. State laws tend to mirror federal laws, but vary from state to state. Typically, the penalties will increase with the amount of money laundered as well as the number of transactions. While one-off offenses can result in only misdemeanor charges, simple fines and short jail sentences, multiple money laundering transactions can lead to multiple offenses and felony jail sentences of several years. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) How Stacks of Cash Get People Arrested (FindLaw Blotter) Founder of For-Profit College Gets Prison Time (FindLaw Blotter) Feds Punish NY Corruption: Sheldon Silver Sentenced to 12 Years (FindLaw Blotter)
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Fair Housing Act Protects LGBT Couples

The Fair Housing Act, passed as part of the Civil Rights Act of 1968, protects renters and home buyers from a variety of discrimination based on everything from sex, race, and national origin to religion, marriage status, and pregnancy. But until Wednesday of this week, no court had extended those protections to include lesbian, gay, or transgender people. That all changed when a federal court in Denver ruled that sex discrimination under the Fair Housing Act includes discrimination based on gender and sexual orientation, including discrimination motivated by outdated stereotypes about how men and women should act and with whom they should romantically partner. Judicial Protection Rachel Smith, a transgender woman, and her wife Tonya Smith attempted to rent a townhouse for themselves and their two children in Boulder, Colorado, but were denied, according to their lawsuit, because the landlord did not approve of their "unique relationship." In a ruling their lawyer believes is the first of its kind, the court found that LGBT renters are protected from such discrimination under federal law. "This is the first case under the Fair Housing Act dealing with gender identity where there's been liability found for discrimination based on stereotypes," Omar Gonzalez-Pagan told the Washington Post. "It demonstrates the importance of bringing these cases. Housing discrimination is a significant unreported problem" for LGBT people. Judicial Reasoning The district court's ruling mirrored one issued a day earlier by the U.S. 7th Circuit Court of Appeals in Chicago. There, the court ruled that Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation. Both courts found that sexual stereotyping is a form of sex discrimination, and therefore illegal under federal statutes that bar discrimination based on "sex." In doing so, the courts relied on a 1989 Supreme Court case holding that male partners and managers discriminated against a female employee when they said she needed to "walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled, and wear jewelry" in order to advance. In the Smith's case, U.S. District Judge Raymond P. Moore wrote, "Such stereotypical norms are no different from other stereotypes associated with women, such as the way she should dress or act (e.g., that a woman should not be overly aggressive, or should not act macho), and are products of sex stereotyping." Such sexual stereotyping is illegal under federal law, and therefore the landlord's refusal to rent to the Smith's based on their relationship violated the Fair Housing Act. Related Resources: Find Landlord-Tenant Lawyers Near You (FindLaw's Lawyer Directory) Can Landlords Discriminate Against Unmarried Couples? (FindLaw's Law and Daily Life) Housing Discrimination for LGBT Couples (FindLaw's Learn About the Law) Understanding Your Rights: Housing Discrimination (FindLaw's Learn About the Law)
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3 Common Types of Tax Fraud

Taxes can be scary for many people. The system is not necessarily user friendly. While debtors’ prisons are supposed to be a thing of the past, failing to abide by tax laws can result in criminal penalties, including fines and jail time. To make matters even more complicated, in addition to federal tax laws, there are also state and local tax laws that can have just as harsh, if not harsher, penalties, as one California man recently learned. Below, you’ll find three common types of tax fraud. 1. Underreporting Income Underreporting income is extraordinarily common for any person who is paid, or earns money, in cash form. However, this is a form of tax fraud and tax evasion and can result in serious criminal consequences. The IRS, and even state tax boards, require that all income be reported, which includes cash earned from the sale of goods, tips, and even casino winnings. Because there can often be little-to-no paper trail for industries where workers receive cash tips, or cash payments, oftentimes cash income will go unreported. However, not all underreported income will rise to the level of criminality, at least under federal law. It is conceivable that some cash income received is not reported due to ordinary negligence or a genuine mistake. However, underreporting can be charged as a felony with penalties including a couple years behind bars, and up to $250K in fines. 2. Using Fake Numbers Fudging numbers can result in serious criminal penalties for tax fraud. A person should never just guess, and should especially never knowingly use incorrect numbers, as it can be considered as making a false statement or falsifying a document. There are some checks and balances in place, some of which are computer automated, as well as specialized systems and tools, which can alert the IRS to inconsistencies.It will be hard to prove the defense that using wrong dollar amounts was unintentional, particularly if the results weigh in your favor, and there is not a clear explanation on how it unintentionally occurred. Fudging numbers is likely to be charged as a felony, and carry a few year jail sentence and up to $250K in fines. 3. Claiming Unqualified Deductions Another common act of tax fraud is claiming deductions, credits, and expenses, that an individual or business does not actually qualify for. Doing so can expose an individual to felony charges, a few years in jail, and the same hefty fines listed above. Related Resources: Need help with your taxes? Get your tax issue reviewed by an attorney for free. (Consumer Injury) What Is a Tax Haven? (FindLaw’s Law and Daily Life) Avoiding Behavior the IRS Considers Criminal or Fraudulent (FindLaw’s Learn About the Law) Wesley Snipes Must Report to Prison on Tax Evasion Sentence (FindLaw’s Celebrity Justice)
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