Renzulli Law Firm
Anti-Firearm Hoax; Marco Rubio’s Bill; BATFE Raids Home of Texas Judge
States United to Prevent Gun Violence Hoaxes “Customers” Anti-firearm lobbyist group States United to Prevent Gun Violence recently set up a fake firearm retail shop in New York City for purposes of invoking scare tactics upon customers who sought to purchase firearms. When the customers would inquire about specific firearms, or when they would simply…
Anti-Firearm Hoax; Mark Rubio’s Bill; BATFE Raids Home of Texas Judge
States United to Prevent Gun Violence Hoaxes “Customers” Anti-firearm lobbyist group States United to Prevent Gun Violence recently set up a fake firearm retail shop in New York City for purposes of invoking scare tactics upon customers who sought to purchase firearms. When the customers would inquire about specific firearms, or when they would simply…
House Dems Propose Ammo Ban; Concealed Carry Laws Across the US; Colorado Ends Mag Capacity Ban
March 18, 2015: House Dems Propose Ammo Ban Approximately one week after the BATFE announced it “will not at this time seek to issue a final framework” with respect to its proposal to ban commonplace ‘green tip’ ammunition, House Democrats have introduced the Armor Piercing Bullets Act (HR1358). The bill – sponsored by Representative Eliot…
Spotlight on Asbestos Litigation
March 5, 2015: The current New York asbestos litigation landscape is changing. There are approximately 3,101 active cases pending in New York City Asbestos Litigation (“NYCAL”), ongoing negotiations on the Case Management Order (“CMO”) which seeks to change the current New York City asbestos litigation procedures and a sharp increase in the number of asbestos-related…
RLF Convinces Court to Allow Range Construction; Proposed Ammo Ban Boosts Sales; New Laws in MI
March 2, 2015: RLF Convinces Mass. Court to Allow Construction to Begin on Gun Range A rod and gun club in Massachusetts that had been in operation for over eighty-five (85) years was ordered, amongst other things, to close down its fifty-yard firearm range due to claimed safety concerns of neighboring homeowners. After a trial…
NJ’s Antique Firearm Legislation; FL Campus Carry Bill; PA Federal Court Rules Against GCA Provision
February 23, 2015: NJ Assemblywoman to Introduce Antique Firearm Legislation New Jersey Assemblywoman Caroline Casagrande (R) intends to introduce legislation that would exempt antique firearms from NJ firearm laws. The legislation comes in response to the recent news that a 72-year-old NJ man is facing ten years in prison for possessing an unloaded, 300-year-old pistol.…
Federal Courts Rule on Non-Resident Purchases, NY City Pistol Permit Law
Federal Court Overturns Prohibition Against Handgun Sales to Out-of-State Residents Federal Court Judge Reed O’Connor (Northern District of Texas) ruled yesterday that a provision within the Gun Control Act of 1968 prohibiting the sale of handguns to out-of-state residents was unconstitutional. In striking down the ban, Judge O’Connor reasoned that the ban was “not narrowly…
Dems to Introduce Legislation on Magazine Capacity; Updates in Virginia Firearm Legislation
February 6, 2015: Dems Plan to Introduce Legislation on Magazine Capacity New Jersey Senator Bob Menendez (D), along with other high-ranking Democrats on Capitol Hill, announced this week a plan to introduce legislation which would renew a federal prohibition on magazines that hold more than ten rounds of ammunition. The bill (which has been labeled…
NSSF Examines Choke Point; VT Firearm Group Opposes Legislation; WV “Permitless Carry” Bill
NSSF to Determine Extent Of Operation Choke Point’s Impact At last week’s SHOT Show, one topic in particular was brought up several times: Operation Choke Point. The operation is a government program that was originally created to prohibit fraudulent business transactions through financial payment processors like PayPal and Square. Several firearm industry members, however, are…
2015 SHOTSHOW; Sandy Hook Panel Proposes Ban; Kansas Concealed Carry Bill
January 23, 2015: 2015 SHOT SHOW Held in Las Vegas The 2015 SHOT SHOW was held this week at the Sands Expo Center in Las Vegas, Nevada. The firearm industry’s largest annual event was attended this year by more than 65,000 industry professionals from all 50 states. On Wednesday, Christopher Renzulli of Renzulli Law Firm…
KY Safe Students Act; TX Leads the Way; Suit Against Newtown; MO’s Domestic Violence Bill
January 15, 2015: Kentucky Representative Introduces Bill Which Would Repeal “Gun-Free School Zones” Earlier this week, Kentucky Representative Thomas Massie (R) introduced HR 86, the Safe Students Act. If passed, the legislation would repeal the Gun-Free School Zones Act of 1990, a bill that “made it unlawful for any individual knowingly to possess a firearm…
I-594 Challenged; Sixth Circuit Mental Health Decision; Navy Vet Sues NY State; MI New Legislation
January 5, 2015: Happy Holidays from Renzulli Law Firm Renzulli Law Firm would like to wish all of its friends a healthy and prosperous New Year! Washington’s I-594 to be Challenged in Court Earlier this week, a federal lawsuit challenging recently-enacted Initiative-594 was filed in the Western District of Washington. The plaintiffs in the suit…
Recent Claims in Sandy Hook Shooting Should Be Barred By Protection of Lawful Commerce in Arms Act
January 2, 2015: On December 14, 2012, Adam Lanza murdered twenty-six people and injured an additional six people at the Sandy Hook Elementary School. Representatives of the estates of eight of the people he killed, and one person who was injured, filed a lawsuit in the Connecticut Superior Court on December 13, 2014. Rather than…
Renzulli Law Firm, LLP Successful on Appeal in New York Labor Law Case
January 2, 2015: Renzulli Law Firm, LLP recently obtained a complete dismissal of all claims against a premises owner and large contractor on an appeal to the New York Appellate Division, First Department. In a lawsuit titled Brown v. New York Hospital Medical Center, a case previously pending in the New York Supreme Court, County…
WA Authorities to Avoid Strict Enforcement of I-594; TX Tax-Free Firearm Holiday
December 19, 2014: Some Washington Law Enforcement to Avoid Strict Enforcement of I-594 Recently passed Washington State Initiative 594, which significantly expanded the requirement to conduct background checks for firearm transfers, may not prove to be the victory its proponents had originally hoped for. Lewis County (population over 75,000) Prosecutor Jonathan Meyer and Sheriff-elect Rob…
USPTO To Reduce Fees for Trademark Applications in 2015
December 19, 2014: Effective January 17, 2015, the USPTO will be reducing filing fees for trademark applications. These changes are meant to promote the use of the USPTO’s efficient electronic filing system. Accordingly, the USPTO will reduce the fee for an application filed using the regular TEAS application form and a TEAS request for transformation…
Inconsistencies Amongst NY SAFE Act “Database” and Ammo Laws Frustrate Many
December 16, 2014: Provisions governing ammunition sales within the NY SAFE Act have caused unrest amongst firearm retailers and consumers who want to insure that they are selling/purchasing ammunition legally. An open letter in early 2014 from NY State Police Superintendent Joseph D’Amico noted, in pertinent part, that “the [SAFE Act] requires that as of January…
TTAB Rules In Favor of Anthropologie In Trademark Opposition Proceeding
December 16, 2014: In a recent determination by the Trademark Trial and Appeal Board (TTAB) (Opposition No. 91204412), Happy Green Company’s LLC’s application for “ANTHRO” in international class 3 for bath salts; bath soaps; cleaning and washing preparations; cosmetics and makeup; deodorants and antiperspirants; fragrance etc. was held to be too close to the trademark…
2nd Circuit Hears Oral Arguments; Bushmaster to Face Claims from Sandy Hook; NY IDs Firearm Owners
December 11, 2014: Second Circuit Takes NY and Conn Safe Act Cases Under Advisement The U.S. Court of Appeals for the Second Circuit heard oral arguments yesterday on two cases challenging the constitutionality of restrictions on “assault weapons” and ammunition magazines in New York and Connecticut. The decisions of two cases were consolidated before the…
Putnam County Firearm Owners Association Event; TX, SC Propose Restrictions on Federal Reach
December 5, 2014: Putnam County Firearm Owners Association Hosts NY Firearm Law Forum On Wednesday, Christopher Renzulli and Nicholas Whipple from Renzulli Law Firm, along with over one-hundred other firearm enthusiasts, attended the Putnam County Firearm Owners Association’s “NY Firearm Laws: What You Don’t Know Will Hurt You … What You Learn Can Protect You”…
Putnam County Firearm Owners Association Event; TX, SC Propose Restrictions on Federal Reach
December 5, 2014: Putnam County Firearm Owners Association Hosts NY Firearm Law Forum On Wednesday, Christopher Renzulli and Nicholas Whipple from Renzulli Law Firm, along with over one-hundred other firearm enthusiasts, attended the Putnam County Firearm Owners Association’s “NY Firearm Laws: What You Don’t Know Will Hurt You … What You Learn Can Protect You”…
Putnam County Firearm Owners Association Event; TX, SC Propose Restrictions on Federal Reach
December 5, 2014: Putnam County Firearm Owners Association Hosts NY Firearm Law Forum On Wednesday, Christopher Renzulli and Nicholas Whipple from Renzulli Law Firm, along with over one-hundred other firearm enthusiasts, attended the Putnam County Firearm Owners Association’s “NY Firearm Laws: What You Don’t Know Will Hurt You … What You Learn Can Protect You”…
NJ Says iP1 Not “Smart Gun”; Ohio Senate Mulls New Legislation; Park City, UT Repeals Laws
December 2, 2014: NJ Attorney General Finds Armatix Handgun Does Not Qualify as “Smart Gun” In 2002, then-NJ Governor Jim McGreevey (D) signed the Personalized Handgun Law (N.J.S. 2C:58-2.2 et seq.), legislation mandating that all handguns sold in New Jersey be “smart guns” within three years after the technology becomes available and is deemed sufficiently…
Increase in Ferguson Firearm Sales; Museum Exhibit Prohibited; Fl Mulls Expansive Background Checks
November 21, 2014: Firearm Sales Skyrocket in Ferguson Firearm retailers in and around Ferguson, Missouri are reporting a sharp increase in sales. Experts attribute the increase to the upcoming grand jury announcement in the Michael Brown case. Initial statistics suggest that as much as 75% of the purchases are by first-time firearm owners. Concealed carry…
9th Circuit Disallows Anti-Firearm Intervention; PA Cities Sue Over New Legislation
November 17, 2014: 9th Circuit Rules Concealed Carry Laws May Not Be Challenged This week, the U.S. 9th Circuit Court of Appeals denied attempts by California Attorney General Kamala Harris, gun control groups and law enforcement associations to challenge a previous ruling which struck down restrictive regulations on concealed firearms. In what is being hailed…
Midterm Elections a Win for Firearm Advocates; Oklahoma’s New Firearm Legislation
November 5, 2014: Firearm Advocates Win Big in Midterm Elections Yesterday’s midterm elections proved victorious – for the most part – with respect to firearm rights around the country. In the race for Governor of Illinois, Bruce Rauner (R) defeated Pat Quinn (D), who was eager to renew the Illinois State assault weapons ban. Maryland…
PA Senate Passes “Stand-in” Bill; Firearm Demonstrations in NY and MO
October 30, 2014 PA Senate Passes “Stand-in” Bill The Pennsylvania Senate has passed an amendment to House Bill 80 which would allow member firearm organizations to stand in for local citizens who have brought actions challenging city and county firearm ordinances that supersede state law. Pennsylvania Governor Tom Corbett (R) has hinted that he is…
DC Mayor Signs “Emergency Act”; No Concealed Carry at NC State Fair
October 14, 2014: DC Mayor Signs “Emergency Act” Washington DC Mayor Vincent Gray (D) signed the “License to Carry a Pistol Emergency Amendment Act of 2014” Friday in response to U.S. District Court Judge Frederick J. Scullin’s decision in the Palmer v. D.C. case, which struck down as unconstitutional a ban on carrying firearms outside…
NY Follows in CA’s Footsteps; Chicago Range Restrictions Shot Down
October 6, 2014: NY Follows in CA’s Footsteps, Introduces “Gun Restraining Order Bill” New York Assemblyman Brian Kavanagh (D) is in the process of introducing New York’s version of “Gun Violence Restraining Order” legislation. The proposal comes less than one week after California passed Assembly Bill 1014, which allows immediate family members or law enforcement…
Widespread Changes in CA; Homemade Firearms Ban?; Female Firearm Ownership Up
October 3, 2014: Widespread Changes to Firearm Laws in California This week, California became the first state in the country to enact a firearm “restraining order” bill that extends to immediate family members. Assembly Bill 1014, which has been considered the legislature’s response to the lethal shooting in May near the UC Santa Barbara…
NJ to Revisit 2002 “Smart Gun” Bill?; Firearm Purchase Requests Decrease in Texas
September 25, 2014: 17 Year Old’s Science Fair Project May Lead to NJ Enforcing 2002 Smart Gun Bill In 2002, then-NJ Governor Jim McGreevey (D) signed the Personalized Handgun Law (N.J.S. 2C:58-2.2 et seq.), legislation mandating that all handguns sold in New Jersey be “smart guns” within three years after the technology becomes available and…
Missouri Governor’s Veto Overturned; Washington to Vote on Background Check Expansion
September 17, 2014: Missouri General Assembly Overrides Governor’s Veto The Missouri General Assembly has voted 117-39 in favor of overriding Governor Nixon’s (D) veto of SB 656, a bill which allows specially trained school employees to carry concealed firearms on campuses. SB 656, sponsored by state Senator Will Kraus (R) and state Representative Kevin Elmer…
Alabama Firearm Ownership a Fundamental Right?; Cleveland Mayor’s “Gun Registry”; CA Assembly Votes
September 3, 2014: Alabama Residents to Vote on Making Firearm Ownership a Fundamental Right In November, residents of Alabama will vote on The Alabama Firearms Protection Amendment (HB 8), a proposed amendment to Section 26 of the Alabama State Constitution sponsored by Representative Mike Jones (R). HB8 would amend Section 26 to make owning firearms…
NY City Proposes Gun Offender Registry Bill; California 10 Day Waiting Period Ruled Unconstitutional
August 27, 2014: NY City Council Introduces “Gun Offender Registry Bill” The New York City Council Committee on Public Safety on Thursday introduced Int 0434 (also known as the Gun Offender Registry Bill), legislation which would create a publicly-accessible database of individuals who have been convicted of a firearm offense. The database would allow the…
No Liability for Gun Exchange; Maryland Ban Upheld; Mass. Gun Law Signed
August 13, 2014: Yesterday, the U.S. Court of Appeals for the Seventh Circuit and the U.S. District Court for the District of Maryland issued significant decisions related to firearms. Specifically, the Seventh Circuit affirmed a trial court ruling that gun exchange, Armslist, LLC, was not liable for wrongful death claims arising out of the death…
Briefs Filed in Support of Safe Act
August 6, 2014: Three amicus briefs were filed in the Second Circuit yesterday in support of upholding the constitutionality of the NY Safe Act. In one of the briefs, the Maryland Attorney General’s Office, joined by eight other states (CA, CT, DE, HI, IL, IA, MA, OR) and the District of Columbia, argued that public…
Cuomo, NY State File Brief in Response Regarding Safe Act
August 4, 2014: Last week, New York legislators filed Respondents’ Brief in the Second Circuit, addressing arguments made by the plaintiffs that the NY Safe Act violates the Second Amendment. The brief, submitted by Assistant Solicitor General Claude S. Platton, argues that the “assault weapons” and large-capacity magazines regulated by the Safe Act are not within…
Massachusetts Bill Provides for Large-Scale Changes to Firearms Laws
August 4, 2014: The Massachusetts legislature approved a bill on Friday to overhaul existing state firearms laws to, amongst other things, provide for stiffer penalties for gun-related crimes. The bill (H4376) would also provide police chiefs the ability to petition a court to deny firearms identification cards (a prerequisite needed to purchase rifles and shotguns)…
DC Ban Unconstitutional; MD Court Hears Arguments on 2013 Ban
July 28, 2014: D.C. ban on carrying handguns outside of home ruled unconstitutional On Saturday, US District Judge Frederick J. Scullin struck down as unconstitutional Washington D.C.’s ban on carrying handguns outside of the home. The plaintiffs in the case (Palmer et al. v. District of Columbia et al.) were citizens of Washington D.C. who…
Bill Proposes Prohibition of Firearm Brands on Children’s Clothing
July 21, 2014: Bill Proposes Prohibition of Firearm Brands on Children’s Clothing Last week, first-year Illinois Representative Robin Kelly (D) proposed the Children’s Firearm Marketing Safety Act (H.R. 5093), a bill which would make it illegal for firearms manufacturers to exhibit their brand on child-sized clothing and headwear. The bill provides that the Federal…
NJ Governor Vetoes Reduction of Mag. Capacity; Law Prohibiting Felon Possession Upheld in Louisiana
July 9, 2014: New Jersey Governor Christie vetoes bill aimed at reducing magazine capacity Last week, New Jersey Governor Chris Christie vetoed Assembly Bill 2006, which sought to reduce New Jersey’s existing magazine capacity of firearms from fifteen to ten rounds. The Bill was sponsored by Assembly Majority Leader Louis Greenwald (D), who urged that…
Judge Upholds Colorado Gun Restrictions
June 30, 2014: Colorado’s magazine capacity restrictions and universal background laws are constitutional according to U.S. District Judge Marcia Krieger. In a 50-page ruling handed down on Thursday, the judge held that these laws did not infringe the Second Amendment rights of Colorado citizens. In upholding the laws, the judge made clear that it was not…
Chicago City Council Approves Restrictive Ordinance
June 27, 2014: On Tuesday, the Chicago City Council unanimously approved Ordinance 4271, forcing firearms retailers to video-record sales and restricting firearms purchases to one a month. The highly-restrictive Ordinance is the City Council’s response to Judge Edmond Chang’s January 6, 2014 ruling that struck down an outright ban of firearm sales in Chicago. If…
Supreme Court Rules “Straw” Purchase Illegal Even if True Buyer Legally Permitted to Purchase
June 16, 2014: Earlier today, a divided Supreme Court (5-4) ruled that the federal ban on straw purchases can be enforced even when the actual intended purchaser is legally permitted to purchase and own a firearm. The case, Abramski v. United States, involved a former Virginia police officer (Bruce Abramski) who purchased a firearm for…
Reduced Mag Capacity Awaits NJ Governor’s Decision, Reform Proposed for Mentally Unstable
June 10, 2014: NJ Assembly Bill 2006, which would reduce the maximum magazine capacity in NJ to 10 rounds from its current limit of 15 rounds, recently passed both houses of the NJ legislature. The bill includes limited exceptions for retired law enforcement personnel and tubular feeding devices which are only capable of holding 15…
NSSF and RLF Join the Fight Against Connecticut’s Public Act 13-3
May 29, 2014: On Friday, the National Shooting Sports Foundation, Inc. (“NSSF”) and five other groups filed amicus curiae briefs in the pending appeal to the U.S. Court of Appeals for the Second Circuit in June Shew et al. v. Dannel Malloy et al. NSSF’s brief, which was prepared by Renzulli Law Firm, supports and expands on the…
Judge Upholds D.C. Firearms Registration in New Heller Opinion
May 16, 2014: Yesterday, U.S. District Judge James Boasberg issued the latest installment of Heller v. D.C. when he upheld D.C.’s firearms registration requirements finding that city officials acted “in a constitutionally permissible manner” and that the restrictive laws were consistent with the Second Amendment. Judge Boasberg held that requiring registrants to appear in person…
Implications of Recent U.S. Supreme Court Rulings on Attorneys’ Fees in Patent Infringement
May 15, 2014: In a pair of rulings handed down last Monday, the court loosened restrictions on patent lawsuit fee-shifting, in which the losing party must pay the prevailing party’s attorneys’ fees in exceptional cases under the Patent Act (35 U.S.C.A. 285). The U.S. Supreme Court reversed and remanded Octane Fitness LLC v. ICON Health…
Reduced Mag Capacity Coming to NJ
May 14, 2014: This week the NJ Senate passed Assembly Bill 2006 which would reduce the maximum magazine capacity in NJ to 10 rounds from its existing limit of 15 rounds. The Senate, however, amended the bill, so it is headed back to the Assembly for another vote. The bill substitutes the number 10 in…
2nd Circuit NY SAFE Act Challenge – NYSRPA v. Cuomo
May 9, 2014: This week, the National Shooting Sports Foundation, Inc. (NSSF) and a number of other groups joined the fight against the New York SAFE Act by filing amicus curiae briefs in the pending appeal to the U.S. Court of Appeals for the 2nd Circuit in New York State Rifle and Pistol Association et al. v. Cuomo et al.
Briefs Filed in SAFE Act Appeal
May 8, 2014: Last week, the New York State Rifle and Pistol Association filed its appellate brief in support of its challenge to the New York SAFE Act, which is currently on appeal to the Second Circuit. New York State’s brief is due on July 29th.
Supreme Court Passes on Right to Carry Dispute
May 8, 2014: This week the Supreme Court opted not to review a challenge to New Jersey’s restrictive approach on issuing permits to carry. The plaintiff in the case applied for a permit to carry a firearm in order to defend himself because his job involved him transporting large quantities of cash. When his application…
NY SAFE Act Permit Revocation
April 28, 2014: In New York, the SAFE Act’s mental illness reporting provisions resulted in a recent permit revocation after the permit holder expressed guilt to his therapist over some lewd acts. Concluding that the permit holder presented a potential danger to himself and others, the therapist reported the matter to the county. The Supreme Court…
New “Shall issue” Legislation; GA’s New Law
April 28, 2014: In the wake of the recent 9th Circuit rulings overturning the “may issue” practices of two California counties, new legislation has been proposed which would make California a “shall issue” state. The bill would amend California Penal Code section 26150 by replacing “may issue” with “shall issue” and expressly providing that self-defense is…
Lawsuits: One Awaiting Decision, One Decided, Two on Appeal
April 18, 2014: Just more than a week ago, the trial ended in the 2nd Amendment challenge to Colorado’s 2013 anti-firearms legislation. Now, the fate of the law rests with Judge Marcia Krieger, and a decision could come any day. At the same time, the federal court challenges to the New York SAFE Act and Connecticut’s…
Lawsuits: One Awaiting Decision, One Decided, Two on Appeal
April 18, 2014: Just more than a week ago, the trial ended in the 2nd Amendment challenge to Colorado’s 2013 anti-firearms legislation. Now, the fate of the law rests with Judge Marcia Krieger, and a decision could come any day. /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt;…
NY Deadline Approaches; New Laws, Courtroom Activity and Statistics
April 10, 2014: This year New Yorkers have another reason to dislike April 15—it’s the deadline for registering assault weapons under the NY SAFE Act. As the date approaches, many believe that it, like the deadline in CT, will be largely ignored. How the state will respond if it is ignored remains unknown. In addition, firearms…
NYS Troopers Officially Instructed Not to Enforce 7 Round Limit
March 31, 2014: On December 31, 2013, Judge William Skretny of the U.S. District Court for the Western District of New York declared the 7 round loading limitation of Penal Law 265.37 unconstitutional. Nearly three months later, the New York State Police, Office of General Counsel, has revised its field guide to enforcing the New York…
NYS Troopers Officially Instructed Not to Enforce 7 Round Limit
March 31, 2014: On December 31, 2013, Judge William Skretny of the U.S. District Court for the Western District of New York declared the 7 round loading limitation of Penal Law 265.37 unconstitutional. Nearly three months later, the New York State Police, Office of General Counsel, has revised its field guide to enforcing the New York…
Christopher Renzulli and Nicholas Whipple Featured in the Defense Association of New York Journal
March 28, 2014: DEFENDANT, the Journal of the Defense Association of New York (DANY), recently featured an article co-authored by Christopher Renzulli and Nicholas Whipple, Understanding the Recalcitrant Worker Defense, in its Winter 2014 Labor Law issue. The article addresses the Recalcitrant Worker Defense in the context of Labor Law § 240(1) claims, with particular emphasis…
Courts Continue to Support Right to Bear Arms; GA Bill Sent to Governor
March 24, 2014: The Supreme Court of Delaware recently ruled that the Wilmington Housing Authority (WHA) cannot set limits on residents’ rights to carry guns in common areas of public housing. In prohibiting such restrictions, the Court noted that placing restrictions on which areas of the public housing residents can possess a firearm conflicts with…
Renzulli Law Firm Obtains PLCAA Dismissal for Large Nationwide Firearms Dealer
March 18, 2014: Renzulli Law Firm, LLP recently obtained a complete defense judgment for a large, nationwide firearms dealer through a motion to dismiss pursuant to the Protection of Lawful Commerce in Arms Act (“PLCAA”). In a case brought in the Supreme Court of Ulster County New York, plaintiff’s decedent, a twenty-three year old woman,…
Firearms Legal Round-Up
March 17, 2014: In California, the 9th Circuit recently issued another victory for firearms owners. The Court followed its previous decision declaring San Diego’s “good cause” requirement to be unconstitutional, and held that Yolo County, California can no longer require residents to prove a threat of violence or robbery to obtain a carry permit. In Pennsylvania,…
Clock Ticking on NJ Smart Gun Law; MO Nullification Law Passes Senate
February 21, 2014: In 2002, NJ passed a law banning the sale of firearms other than “Smart Guns.” The law provides that it becomes effective 3 years after a “Smart Gun” goes on sale in the U.S. Start the clock, because the Armatix iP1 pistol (.22LR, 10 round capacity) is now on sale in California.…
9th Cir. Strikes Down ‘Pressing Need’; CT Gun Law Ignored; IL Registration Law
February 14, 2014: The 9th Circuit Court of Appeals recently struck down a San Diego County policy which required county residents to show a “pressing need” in order to obtain a concealed carry permit. The Court held that the policy was an unconstitutionally restrictive interpretation of California’s “good cause” requirement for obtaining a concealed carry…
CT 2nd Amendment Challenge Dismissed, But Far From Over
February 3, 2014: At the end of last week, a Federal District Judge dismissed the Connecticut Citizen’s Defense League’s (“CCDL”) Second Amendment challenge to Connecticut’s new firearms laws. Although he acknowledged that the law burdens Second Amendment rights and is lacking in clarity, Judge Alfred Covello held that the law does not substantially burden Second…
New Laws and New Legislation
January 31, 2014: With the New Year comes another wave of proposed legislation and already numerous states appear headed towards expanding firearms rights. Among the states seeking to expand firearms rights are: South Carolina (bill permitting concealed weapon permit holders to carry firearms in bars is headed to the Governor for approval); Tennessee (bill proposed…
RLF Speaks at SHOT; NSSF/SAAMI File Suit, Chicago Ban Struck Down
January 21, 2014: At last week’s SHOT Show, John and Christopher Renzulli gave a presentation concerning the best corporate forms for FFLs. The presentation provided an overview of the various corporate forms available to FFLs and addressed the pros and cons of each form in the context of the firearms industry in order to permit…
NY SAFE Act: More clarification; more confusion
January 3, 2014: The last week has produced both clarification and confusion for New Yorkers interested in complying with the NY SAFE Act. Tuesday marked the conclusion (at least for the moment) of the most comprehensive legal challenge to the NY SAFE Act. That lawsuit, filed in early 2013 by the New York State Rifle and Pistol Association, asserted…
Legal Updates, Approaching Deadlines and Emerging Issues
December 23, 2013: In Connecticut, the Connecticut Citizens Defense League’s 2nd Amendment challenge to Connecticut’s new firearms laws is scheduled for a hearing in Hartford, CT before U.S. District Judge Alfred V. Covello on January 30, 2014 at 1pm. Before the hearing date, however, Connecticut citizens will be required to register their assault weapons and large…
Proposed Renewal of 3D Plastic Gun Law Headed to Senate; Support for Stricter Gun Laws Declining
December 5, 2013: The Undetectable Firearms Act expires on December 10. With just 5 days to go, a bill to renew the law for 10 years passed the House of Representatives. Notably, the bill which passed the House did not include any expansion of the existing laws which had been proposed, such as requiring at least…
Renzulli Law Firm Victory in Commercial Arbitration
December 4, 2013: Renzulli Law Firm, LLP recently obtained a complete defense verdict from the American Arbitration Association in a case it arbitrated for one of its firearm industry clients. In Sabre Defence Industries LLC v. Steyr Arms, Inc., et al. the bankruptcy trustee for the company that had previously manufactured AUG rifles in the…
RLF Speaks on Industry Outlook; California Ammo Sales Statute Unconstitutional
November 18, 2013: Earlier this month Renzulli Law Firm offered insights on what the future holds for the firearms industry. Speaking at the National Association of Sporting Goods Wholesalers Expo, John Renzulli and Christopher Renzulli addressed a group of expo attendees in regards to recently passed legislation, its impact on the firearms industry and strategies…
Legislation Brewing in OH
November 4, 2013: In Ohio, a new bill would create incentive for citizens to challenge local government firearms ordinances by awarding successful challengers their attorneys’ fees and court costs, as well as $100 for every day the ordinance remains in effect after the challenge is filed. The bill would also require that state courts rule…
SAFE Act Delays
November 4, 2013: The NY SAFE Act’s ammunition background checks and sales information recording requirements will not go into effect in January. The terms of the statute require background checks for all ammunition sales and require sellers to record various information concerning each ammunition sale, including the name, age and occupation of the purchaser and…
Guide to the NY SAFE Act; RLF to Speak at NASGW and SHOT Shows
October 25, 2013: A guide to the NY Safe Act prepared for the New York State Police recently became public. The 17-page guide (available here) provides explanations on various provisions of the NY Safe Act, including, for instance, the differences in penalties for possession of a magazine loaded with more than 7 rounds in the…
RLF Addresses Nation’s Best Sports
October 17, 2013: Christopher Renzulli was recently asked to speak at the Nation’s Best Sports Fall Semi-Annual Show in Fort Worth, Texas. Nation’s Best Sports, the largest sporting goods volume buying group in North America, has over 300 members which operate more than 800 retail stores, including many firearms and ammunition retailers. This recent presentation focused…
NY Court of Appeals Rules Part-Time Residents Cannot be Denied Their Right to Keep and Bear Arms
October 17, 2013: The New York Court of Appeals ruled by a 7-0 vote Tuesday that part-time residents of a county or city in New York are eligible for gun permits (see Osterweil v. Bartlett decision). A panel led by Judge Eugene Pigott Jr. clarified the State’s pistol and revolver license statute in the decision,…
UPDATE: CA Gov. Vetoes Four; Signs Nine
October 11, 2013: Further to our update this afternoon, Governor Brown’s decisions on thirteen pending firearms bills have been released. Among the highlights are Gov. Brown’s approval of the bill banning lead ammo by 2019 (AB 711) and permitting “federal law enforcement” to purchase non-rostered handguns (SB 363), and his veto of the bills proposing…
CA D-Day Looms, but there is a silver lining; CO Flooding Highlights Flaws in New Legislation
October 11, 2013: Thirteen firearms bills continue to await California Gov. Jerry Brown’s decision. Gov. Brown has until Sunday to approve or veto the pending legislation, which, among other things, would ban all semi-automatic centerfire rifles without fixed magazines, ban lead ammunition, revise some statutory definitions applicable to “assault weapons,” impose further restrictions and increased waiting…
RLF Joins the Fight Against the NY SAFE Act
October 3, 2013: Last week, RLF filed an amicus curiae (friend of the court) brief on behalf of the National Shooting Sports Foundation in the New York State Rifle and Pistol Association v. Cuomo case, which is currently pending in the U.S. District Court for the Western District of New York. The brief, which was filed…
New Laws and New Lawsuits
September 30, 2013: Tomorrow, provisions of new firearms laws enacted by several states take effect: Connecticut: Ammunition buyers in Connecticut who do not possess either a permit to carry a handgun, or a long gun eligibility certificate, will be required to obtain an ammunition eligibility certificate. North Carolina: The expanded concealed carry rights we previously reported…
New Colorado Suit Takes Aim at Governor; Second Effort in NJ?
September 23, 2013: Colorado: The Rocky Mountain Gun Owners have filed the second suit this year in Colorado challenging Colorado’s new background check laws and magazine capacity restrictions. The suit was filed on September 4th in the District Court for the City and County of Denver and asks the Court to find the new laws…
New Laws Coming in CA?; No Veto Override in MO
September 13, 2013: California: Last night a bill that would have banned and required confiscation of all magazines that are or were capable of holding more than 10 rounds died for good in the Assembly. Nevertheless, after this week’s activity thirteen new firearms laws now await the California Governor’s signature. Among the pending legislation are bills:…
New ATF Regulations; Missouri Legislative Veto; Jail Time for FFLs?
September 6, 2013: Following the new executive orders signed by President Obama, a new set of regulations pertaining to firearms trusts/corporations has been sent to the White House for review. Although the regulations are anything but final, flaws in them are already receiving attention. Among other things, the new regulations would require applications to transfer…
Recent Legislative Developments
August 30, 2013: In the past week, laws have been enacted and previously passed laws have become effective and been struck down in Court. These happenings are summarized below: Illinois: Gov. Quinn signed into law a bill which imposes background checks on “anyone” selling or transferring a firearm and requires all citizens to report lost…
NJ Gov. Vetoes Anti-Firearms Laws
August 20, 2013: Just one week after signing 10 pieces of firearms legislation, Governor Chris Christie vetoed the two most controversial firearms bills passed by the NJ legislature: the proposed .50 caliber firearm ban and Senate President Sweeney’s “kitchen sink” bill. A3659 The fifty caliber gun ban, which the Governor previously supported, was vetoed in…
NH Sup. Ct.: Loaded means Loaded; New Federal Legislation Introduced
August 16, 2013: The New Hampshire Supreme Court recently held that loaded means loaded when it comes to concealed handguns. Although this seems like a simple and obvious concept, it turned out to be an issue that had to be resolved by the New Hampshire Supreme Court. The criminal prosecution which produced the dispute involved…
Renzulli Law Firm Victory in CT
August 9, 2013 : Attached is a short summary of a ruling we recently received for one of our firearms retailer clients in Connecticut granting summary judgment and dismissing the lawsuit against the retailer. It was a creative (yet unsuccessful) attempt by the Brady Center to revive their original case – which we were previously…
NJ Gov. Signs 10 Firearms Bills, Ignores the Controversial Ones
August 9, 2013: Some 16 pieces of firearms legislation were sent to NJ Gov. Chris Christie earlier this summer, and, until yesterday, his only action on those bills was to veto a bill prohibiting the State Pension Fund from investing in manufacturers or sellers of assault weapons. Yesterday, however, Christie signed 10 of the 15 remaining…
lllinois Concealed Carry Will have to Wait; New CT Permits; NC Gov. Quick on Gun Laws
July 31, 2013: We previously reported that a motion had been filed in Illinois Federal court challenging Illinois’ new concealed carry law on the basis that the 270-day period set by the statute for establishing the permitting program extended Illinois’ unconstitutional prohibition on concealed carry. The motion was filed as a part of the original…
NC Handgun Permits Remain; Bill Encouraging ATF Tracking in the Works
July 25, 2013: The North Carolina bill we reported on last month that would have eliminated permit and background check requirements for the purchase of handguns finally cleared both the House and the Senate on Tuesday–but those provisions of the bill were deleted. As such, the bill headed to the Governor’s desk essentially expands NC…
Defense Counsel Beware: Avoid this Ethics Trap
July 17, 2013: The Medicare Secondary Payer Act (“MSPA”) requires attorneys to notify Medicare of any settlements of personal injury claims where the plaintiff is or will be a Medicare beneficiary, and ensure that Medicare is reimbursed for any benefits it has paid or will pay in the future from the settlement proceeds. In addition,…
After the Flood: The Effect of Changing Flood Maps in the Wake of Sandy
July 17, 2013: For the Defense, the monthly publication of The Defense Research Institute (DRI), recently featured an article co-authored by Christopher Renzulli and James Brown, After the Flood: The Effect of Changing Flood Maps in the Wake of Sandy, in its June 2013 issue. The article addresses the expansion of FEMA Flood Maps in New…
Challenges to Gun Control Legislation Continue At All Levels
July 17, 2013: Last week, Renzulli Law Firm filed an action on behalf of the National Shooting Sports Foundation challenging the new Connecticut gun control legislation (for more information on this lawsuit click here). Since then, at least two more legal challenges to other recently enacted legislation have been filed elsewhere in the country: Illinois Last…
MS County Judge to Decide Open Carry Law
July 12, 2013: Mississippi’s open carry law, which was scheduled to become effective on July 1, was recently put on hold when a Hinds County Circuit Court judge issued a temporary restraining order preventing the law from becoming effective. On Monday, the court heard arguments on whether a preliminary injunction should be issued and decision…
NSSF and RLF Challenge CT Gun Laws
July 12, 2013: Earlier this week Renzulli Law Firm on behalf of the National Shooting Sports Foundation, Inc. filed a lawsuit challenging Connecticut’s new gun control legislation on the basis that the emergency certification process was improperly used to push the bill through the legislature. The lawsuit claims, among other things, that the emergency certification…
Colorado and Connecticut Laws Go Into Effect; Cuomo’s Dismissal Effort
July 2, 2013: Yesterday, provisions of the new firearms legislation passed in Colorado and Connecticut earlier this year became effective. The newly effective provisions in Colorado include limiting ammunition magazines to 15 rounds and universal background check requirements. In Connecticut, the forms required to obtain certificates to purchase shotguns, rifles and ammunition became available yesterday.…
Controversy (and 13 Bills) Await NJ Gov.
June 28, 2013: In New Jersey, four more pieces of firearms legislation were sent to Governor Chris Christie this week. These bills follow three others which were sent to the Governor at the end of last week, making a total of thirteen firearms bills now pending the Governor’s approval (see below). One of the bills,…
Delaware Senate Shocks AG; “Strict Liability” Dead in Maine
June 28, 2013: Last night, the Delaware Senate emphatically rejected a bill backed by AG Beau Biden, son of VP Joe Biden, that was designed to keep firearms out of the hands of mentally ill persons. The rejection apparently “shocked” the AG because the final version of the bill had received a neutral stance from…