Articles Archive

By Bob Gorsky
Reprinted from “The Shield”, the official publication of the
Dallas Police Association
October/November 2004

FEDERAL LAW ALLOWS YOU TO CARRY A CONCEALED FIREARM

This summer President Bush signed into law The Law Enforcement Officer Safety Act of 2002 which allows active and retired law enforcement officers to carry a concealed firearm in any state in the country. There are however some qualifications and limitations for active law enforcement officers.

Qualifications include:

• You must be authorized by your agency to carry a firearm.
• You cannot be the subject of a disciplinary action.
• You must meet your agency’s standards to carry a firearm.
• You cannot be under the influence of alcohol or drugs.
• You may not be prohibited under federal law from receiving a firearm.
• You must carry with you the identification issued by your agency.

Qualifications for retired officers include:

• You must have at least 15 years (can be non-consecutive) in law enforcement or have a service-connected disability after completing probation.
• You must have retired in good standing (mental instability excluded).
• You must have a nonforfeited right to retirement benefits.
• You must meet state’s training and qualification requirements.
• You are not under a prohibition under federal law from receiving a firearm.

Limitations include:

• Machine guns, silencers, and destructive devices are not covered by the law.
• States can allow private parties to restrict possession of firearms on their property.
• State and local governments can restrict possession of firearms on government property.

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VIOXX WITHDRAWAL…

On September 30th, pharmaceutical giant Merck announced that it was withdrawing the popular painkiller Vioxx after an outside panel overseeing a clinical trial of the drug recommended that patients stop taking the drug because of indications that people taking Vioxx were significantly more likely to have a heart attack or stroke. Merck’s sales of the drug were $2.5 billion in 2003, 11% of Merck’s worldwide sales. There are a number of pending lawsuits filed by people who suffered heart attacks, strokes or other complications while taking the drug.

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RECENT LEGAL DECISIONS….

• A state district judge has ruled that the City of Dallas is not immune from suit over the 5% raise that was not given to the deputy chiefs and assistant chiefs in 2002.
• A Texas Workers’ Compensation Commission hearing officer ruled in favor of a DPA member who had filed a workers’ compensation claim which was disputed by the city.
• Four DPA members who sued the city in March 2003 after being passed over from promotion were promoted to Senior Corporal.

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TNOA CONFERENCE…

On September 1 and 2, 2004 Bob Gorsky lectured on Due Process and Officers’ Rights and The Attorney’s Role in Responding to an Officer-Involved Shooting or Other Critical Incident for the Texas Narcotics Officers Association Conference in Fort Worth.

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Bob Gorsky is a partner at the Dallas law firm of Lyon, Gorsky, Baskett, Haring, Gilbert & Cates, L.L.P., 2501 Cedar Springs, Suite 750, Dallas, Texas 75201; (214) 965-0090, website: lyongorsky.com or e-mail Bob at: bgorsky@swbell.net.