Articles and Media

THE DISTRICT OF COLUMBIA’S HIGHEST COURT STRIKES  DOWN DC’S MAGAZINE CAPACITY BAN

On March 5, 2026, the District of Columbia Court of Appeals, the District’s highest court, issued a decision in Benson v. United States, holding that the District of Columbia’s ban on magazines capable of holding more than ten rounds of ammunition is unconstitutional because it violates the Second Amendment. This decision has significant implications because fourteen states…

Read More about THE DISTRICT OF COLUMBIA’S HIGHEST COURT STRIKES  DOWN DC’S MAGAZINE CAPACITY BAN

CONTROVERSIAL GUN CONTROL BILL ADVANCES IN NEW MEXICO LEGISLATURE

On February 7, 2026, the New Mexico Senate passed Senate Bill 17, a Democrat-backed bill known as the “Stop Illegal Gun Trade and Extremely Dangerous Weapons Act.” The purported purpose of this proposed act is to combat illegal gun trafficking, straw purchasing, and reduce gun violence by tightening regulations on firearms dealers and restricting certain sales. …

Read More about CONTROVERSIAL GUN CONTROL BILL ADVANCES IN NEW MEXICO LEGISLATURE

VIRGINIA INTRODUCES NEW LEGISLATION TO EXPOSE THE FIREARMS INDUSTRY TO BROAD LIABILITY

February 6, 2026 – The Virginia legislature recently introduced House  Bill No. 21 and Senate  Bill No. 27 that would require firearm industry members to implement “reasonable controls” regarding the manufacture, sale, distribution, use, and marketing of their products. The purpose of these bills is to create a state law that can be used to attempt to circumvent the…

Read More about VIRGINIA INTRODUCES NEW LEGISLATION TO EXPOSE THE FIREARMS INDUSTRY TO BROAD LIABILITY

ATF ISSUES NEW FRAMEWORK FOR WHAT IT MEANS TO BE AN UNLAWFUL USER OF OR ADDICTED TO A CONTROLLED SUBSTANCE

January 29, 2026 – The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued an Interim Final Rule (“IFR”) that revises the regulatory definition of who is considered to be an “unlawful user of or addicted to any controlled substance” pursuant to the Gun Control Act, 18 U.S.C. § 922(g)(3). Under the Gun Control Act, individuals who fall into…

Read More about ATF ISSUES NEW FRAMEWORK FOR WHAT IT MEANS TO BE AN UNLAWFUL USER OF OR ADDICTED TO A CONTROLLED SUBSTANCE

NEW HAMPSHIRE AND SOUTH CAROLINA LEGISLATURES CONSIDERING NEW FIREARMS LAWS

January 23, 2026 – A bill currently under consideration in South Carolina – HB 4723 – aims to strengthen protections for firearms manufacturers and sellers in the state against lawsuits that attempt to hold them liable for the actions of criminals who misuse their otherwise lawfully made and sold firearms. If passed, South Carolina would be the…

Read More about NEW HAMPSHIRE AND SOUTH CAROLINA LEGISLATURES CONSIDERING NEW FIREARMS LAWS

INDIANA COURT OF APPEALS DISMISSES CITY OF GARY’S LONGSTANDING LAWSUIT AGAINST THE FIREARMS INDUSTRY

January 2, 2026 – On Monday, the Court of Appeals of Indiana, in Smith & Wesson v. City of Gary, Indiana (No. 24A-CT-2381), issued a unanimous decision dismissing the City of Gary’s complaint against numerous firearms industry members. The City of Gary commenced this action against many members of the firearms industry in August 1999,…

Read More about INDIANA COURT OF APPEALS DISMISSES CITY OF GARY’S LONGSTANDING LAWSUIT AGAINST THE FIREARMS INDUSTRY

FEDERAL COURT IN NEW YORK FINDS INSURER HAS NO DUTY TO DEFEND OR INDEMNIFY IN GHOST-GUN NUISANCE SUITS; ATF eFORMS BLACKOUT AHEAD

In a troubling decision for the firearms industry, on December 10, 2025, the U.S. Court of Appeals for the Second Circuit ruled in Granite State Insurance Co. v. Primary Arms, LLC (No. 24‑2748‑cv) that insurers are not obligated to defend or indemnify a Texas-based firearms retailer accused of contributing to gun violence In Rochester and Buffalo, New York, through…

Read More about FEDERAL COURT IN NEW YORK FINDS INSURER HAS NO DUTY TO DEFEND OR INDEMNIFY IN GHOST-GUN NUISANCE SUITS; ATF eFORMS BLACKOUT AHEAD

CALIFORNIA LAW  CREATES NEW RESTRICTIONS AND REQUIREMENTS FOR THE SALE AND SHIPMENT OF FIREARM  PARTS

December 14, 2025 – California AB 1263, which goes into effect January 1, 2026, places certain restrictions on the sale and shipment of “firearm accessories” and barrels to consumers in California. AB 1263 significantly broadens the definition of unlawful firearm manufacturing; imposes new rules for barrels, “accessories,” and manufacturing machines, such as three-dimensional printers and CNC…

Read More about CALIFORNIA LAW  CREATES NEW RESTRICTIONS AND REQUIREMENTS FOR THE SALE AND SHIPMENT OF FIREARM  PARTS

FEDERAL APPEALS COURT GRANTS EN BANC REVIEW IN RHODE V. BONTA

December 5, 2025 – This week, the United States Court of Appeals for the Ninth Circuit granted rehearing en banc in Rhode v. Bonta, vacating the earlier three-judge panel decision striking down California’s restrictive ammunition-purchase law as violative of the Second Amendment. The lower court’s decision will now be reviewed by eleven active judges. The law in question…

Read More about FEDERAL APPEALS COURT GRANTS EN BANC REVIEW IN RHODE V. BONTA

RENZULLI LAW FIRM OBTAINS FULL VOLUNTARY DISMISSAL IN FIREARM PRODUCTS LIABILITY CASE

November 25, 2025 – Renzulli Law Firm (“RLF”) recently secured another victory on behalf of one of its firearms industry clients. The matter arose from an alleged unintentional discharge of a semi-automatic pistol while the plaintiff attempted to place it into a safe located in his closet. The plaintiff claimed that the pistol slipped from…

Read More about RENZULLI LAW FIRM OBTAINS FULL VOLUNTARY DISMISSAL IN FIREARM PRODUCTS LIABILITY CASE

UNITED STATES CONGRESS CONSIDERING “FIREARM ACCESS DURING SHUTDOWNS ACT” TO SAFEGUARD KEY FIREARMS SERVICES

November 21, 2025 – During the pendency of the recent federal government shutdown, Senator Jim Risch (R-ID) and Representative Ben Cline (R-VA-6) introduced companion bills in the Senate and House of Representatives titled Firearm Access During Shutdowns Act (S.3085 and H.R. 5874), which aims to ensure that crucial federal operations related to firearms are not…

Read More about UNITED STATES CONGRESS CONSIDERING “FIREARM ACCESS DURING SHUTDOWNS ACT” TO SAFEGUARD KEY FIREARMS SERVICES

RENZULLI LAW FIRM OBTAINS VICTORY IN NEW YORK WRONGFUL DEATH CASE

October 21, 2025 – Renzulli Law Firm (“RLF”) secured a complete dismissal of a wrongful death case on behalf of one of its firearms industry clients. The case involved the fatal shooting of a young man by his friend on November 6, 2016. The shooter, then 19 years old, found two unloaded pistols—a Springfield .45…

Read More about RENZULLI LAW FIRM OBTAINS VICTORY IN NEW YORK WRONGFUL DEATH CASE

FEDERAL COURT STRIKES DOWN FIREARM BAN IN U.S. POST OFFICES AND SUPREME COURT AGREES TO HEAR CHALLENGE TO CALIFORNIA LAW BANNING CCW ON PRIVATE PROPERTY

October 7, 2025 – In a major Second Amendment decision in Firearms Policy Coalition Inc. v. Bondi, the U.S. District Court for the Northern District of Texas ruled that federal laws prohibiting the possession and carrying of firearms in ordinary United States Post Offices are unconstitutional. On September 30, 2025, Judge O’Connor granted plaintiffs’ motion for…

Read More about FEDERAL COURT STRIKES DOWN FIREARM BAN IN U.S. POST OFFICES AND SUPREME COURT AGREES TO HEAR CHALLENGE TO CALIFORNIA LAW BANNING CCW ON PRIVATE PROPERTY

FEDERAL APPEALS COURTS ADDRESS FIREARM BAN FOR MARIJUANA USERS

September 5, 2025 – The U.S. Court of Appeals for the Tenth Circuit recently issued its opinion in United States v. Harrison, addressing a Second Amendment challenge to 18 U.S.C. § 922(g)(3), which prohibits firearm possession by “unlawful users of controlled substances.” While marijuana use is legal in many states, it remains illegal under federal law,…

Read More about FEDERAL APPEALS COURTS ADDRESS FIREARM BAN FOR MARIJUANA USERS

STATE LAW TRUMPS LOCAL GUN CONTROL REGULATIONS IN OHIO

August 31, 2025 – In a significant win for firearms-friendly states with defiant cities, a Franklin County judge ruled that Ohio’s Firearms-Uniformity Law preempts municipalities from passing certain local firearm regulations. Ohio’s Firearms-Uniformity Law, which went into effect in 2006, was designed to ensure consistent firearm laws statewide, by prohibiting municipal ordinances imposing additional requirements regarding the ownership, possession,…

Read More about STATE LAW TRUMPS LOCAL GUN CONTROL REGULATIONS IN OHIO

TENTH CIRCUIT FINDS WAITING PERIOD INVALID

On August 19, 2025, the U.S. Court of Appeals for the Tenth Circuit issued a decision in the case of Ortega v. Grisham, holding that New Mexico’s seven-day waiting period to take possession of purchased firearms violates the Second Amendment. In 2024, New Mexico enacted the “Waiting Period Act,” N.M. Stat. § 30-7-7.3, requiring a seven-day waiting period for…

Read More about TENTH CIRCUIT FINDS WAITING PERIOD INVALID

WASHINGTON STATE GUN SHOP ASKS SUPREME COURT TO HEAR CHALLENGE TO MAGAZINE BAN

August 15, 2025 – Gator’s Custom Guns, Inc. and Walter Wentz, the owner of Gator’s, filed a petition for a writ of certiorari, asking the United States Supreme Court to decide whether ammunition feeding devices with the capacity to hold more than ten rounds are “arms” such that they are entitled to constitutional protection under…

Read More about WASHINGTON STATE GUN SHOP ASKS SUPREME COURT TO HEAR CHALLENGE TO MAGAZINE BAN

FEDERAL COURT UPHOLDS RHODE ISLAND’S “NEED-BASED” OPEN CARRY PERMIT SYSTEM

August 6, 2025 – A federal court in Rhode Island recently issued a ruling in the case of O’Neil v. Neronha upholding the state’s open carry permitting scheme, which requires residents to demonstrate a “proper showing of need” to obtain an open-carry firearm permit. A coalition of Rhode Island gun owners filed suit in 2023, challenging the…

Read More about FEDERAL COURT UPHOLDS RHODE ISLAND’S “NEED-BASED” OPEN CARRY PERMIT SYSTEM

ILLINOIS GOVERNOR SIGNS LEGISLATION INCREASING FIREARMS STORAGE AND FIREARM TRACING REQUIREMENTS

August 1, 2025 – Since taking office in 2019, Illinois Governor JB Pritzker has signed numerous laws imposing restrictions on the sale, ownership, and possession of firearms. The most notable of these were the 2023 ban on assault-style weapons and large-capacity magazines, and a public nuisance statute specifically targeting firearm industry members. On July 28,…

Read More about ILLINOIS GOVERNOR SIGNS LEGISLATION INCREASING FIREARMS STORAGE AND FIREARM TRACING REQUIREMENTS

NINTH CIRCUIT RULES THAT CALIFORNIA CANNOT REQUIRE BACKGROUND CHECKS TO BUY AMMUNITION 

July 24, 2025 – The U.S. Court of Appeals for the Ninth Circuit issued a decision today in the case of Rhode v. Bonta affirming an injunction against a California law requiring background checks on ammunition on the basis that it violates the Second Amendment. In 2016, California voters approved a ballot measure creating a background check regime for…

Read More about NINTH CIRCUIT RULES THAT CALIFORNIA CANNOT REQUIRE BACKGROUND CHECKS TO BUY AMMUNITION 

SECOND CIRCUIT HOLDS NEW YORK’S FIREARM RELATED PUBLIC NUISANCE LAW IS FACIALLY CONSTITUTIONAL, BUT SUSCEPTIBLE TO FUTURE CHALLENGES TO ITS CONSTITUTIONALITY

July 18, 2025 – Last week, the U.S. Court of Appeals for the Second Circuit, a court that is historically adverse to the firearms industry, issued an opinion upholding the facial constitutionality of New York’s firearm related public nuisance statute, N.Y. General Business Law §§ 898-a–e (“Section 898”).  New York had enacted Section 898 for the express…

Read More about SECOND CIRCUIT HOLDS NEW YORK’S FIREARM RELATED PUBLIC NUISANCE LAW IS FACIALLY CONSTITUTIONAL, BUT SUSCEPTIBLE TO FUTURE CHALLENGES TO ITS CONSTITUTIONALITY

TRUMP SIGNS “ONE BIG BEAUTIFUL BILL ACT,” CUTS NFA TAX; DOJ DROPS REESE v. ATF APPEAL

On July 4, 2025, President Trump signed the “One Big Beautiful Bill Act” into law, a nearly 1,000-page legislative package delivering sweeping tax cuts, budget reforms, and regulatory changes that mark a victory for Second Amendment advocates (White House).  A key provision eliminates the $200 excise tax on suppressors, short-barreled rifles, and short-barreled shotguns, and…

Read More about TRUMP SIGNS “ONE BIG BEAUTIFUL BILL ACT,” CUTS NFA TAX; DOJ DROPS REESE v. ATF APPEAL

RHODE ISLAND ENACTS “ASSAULT WEAPONS” BAN

July 2, 2025 – Rhode Island has become the latest state to pass a ban on so-called “assault weapons,” following Governor Dan McKee’s signing of the legislation (2025-S0359A) on June 26, 2025.  The law, which goes into effect July 1, 2026, prohibits the manufacture, purchase, sale, or transfer of certain firearms defined as a “prohibited…

Read More about RHODE ISLAND ENACTS “ASSAULT WEAPONS” BAN

RLF OBTAINS DISMISSAL OF OHIO SHOOTING RANGE BASED ON PLCAA IMMUNITY

On June 24, 2025, RLF secured another victory for one of its firearm industry clients, an Ohio-based shooting range, when a state court granted a motion to dismiss based on the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). The court dismissed all claims against the shooting range pursuant to the…

Read More about RLF OBTAINS DISMISSAL OF OHIO SHOOTING RANGE BASED ON PLCAA IMMUNITY

ATF PLANNING TO REDUCE INDUSTRY OPERATIONS INVESTIGATOR POSITIONS

June 23, 2025 – According to the Department of Justice’s Fiscal Year 2026 Budget and Performance Summary, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) intends to eliminate 541 Industry Operations Investigators (“IOIs”) from its workforce. It has been estimated that there are approximately 800 IOIs currently employed by the ATF.  The Budget and Performance…

Read More about ATF PLANNING TO REDUCE INDUSTRY OPERATIONS INVESTIGATOR POSITIONS

OREGON SUPREME COURT TO ADDRESS STANDARD MAGAZINE CAPACITY BAN

On June 12, 2025, the Oregon State Supreme Court agreed to hear an appeal of a decision in Arnold v. Kotek, a case challenging Oregon’s recent firearms law that bans standard-capacity magazines, requires a completed criminal background check (no transfers on a delay) at the point-of-transfer, and establishes a permit-to-purchase program. Following the passage of the…

Read More about OREGON SUPREME COURT TO ADDRESS STANDARD MAGAZINE CAPACITY BAN

CONNECTICUT LEGISLATURE PASSES “FIREARM INDUSTRY RESPONSIBILITY ACT”

On May 29, 2025, the Connecticut legislature passed the Firearms Industry Liability Bill (HB 7042), which is intended to negate the immunity provide by the Protection of Lawful Commerce in Arms Act (PLCAA). HB 7042 applies to “firearm industry members” – anyone involved in the manufacture, distribution, importation, marketing, wholesale or retail sale of “firearm industry…

Read More about CONNECTICUT LEGISLATURE PASSES “FIREARM INDUSTRY RESPONSIBILITY ACT”

HOUSE PASSES “ONE BIG BEAUTIFUL BILL ACT” AND INCLUDES HEARING PROTECTION ACT IN BILL

May 30, 2025 – Last week, the U.S. House of Representatives passed H.R.1, the “One Big Beautiful Bill Act,” a sweeping budget reconciliation package, by a 215-214 vote. Included in this appropriations bill is a key provision for the firearm industry, Section 2 of the Hearing Protection Act. The language removes firearm suppressors from the…

Read More about HOUSE PASSES “ONE BIG BEAUTIFUL BILL ACT” AND INCLUDES HEARING PROTECTION ACT IN BILL

TRUMP ADMINISTRATION FULFILLING PROMISES TO PROTECT SECOND AMENDMENT RIGHTS

May 22, 2025 – Shortly after beginning his second term earlier this year, President Trump indicated a commitment to protecting Second Amendment rights. Specifically, the White House issued a press release in which President Trump set forth his plan to “end the federal government’s violation of Americans’ fundamental Second Amendment right to protect themselves, their families, and…

Read More about TRUMP ADMINISTRATION FULFILLING PROMISES TO PROTECT SECOND AMENDMENT RIGHTS

KANSAS SUPREME COURT DISMISSES PRODUCTS LIABILITY CASE AGAINST BERETTA AND BASS PRO SHOPS PURSUANT TO THE PLCAA

April 29, 2025 – In a case where Renzulli Law Firm filed an amicus brief on behalf of the National Shooting Sports Foundation (NSSF), the Kansas Supreme Court recently issued an opinion overturning the intermediate appellate court and dismissing all claims brought against Beretta and Bass Pro Shops. In Johnson v. Bass Pro Outdoor World, LLC, et al., plaintiff claimed…

Read More about KANSAS SUPREME COURT DISMISSES PRODUCTS LIABILITY CASE AGAINST BERETTA AND BASS PRO SHOPS PURSUANT TO THE PLCAA

RENZULLI LAW FIRM IS VICTORIOUS IN FEDERAL APPEAL’S COURT UPHOLDING DISMISSAL OF PRODUCTS LIABILITY LAWSUIT FOR FIREARM MANUFACTURER CLIENT

April 17, 2025 – Renzulli Law Firm originally secured a complete dismissal of a products liability case on behalf of one of its firearm manufacturer clients through a motion for summary judgment.  Plaintiffs alleged that the subject pistol contained a design defect, and that defect resulted in the pistol discharging after the owner dropped it…

Read More about RENZULLI LAW FIRM IS VICTORIOUS IN FEDERAL APPEAL’S COURT UPHOLDING DISMISSAL OF PRODUCTS LIABILITY LAWSUIT FOR FIREARM MANUFACTURER CLIENT

COLORADO GOVERNOR SIGNS “SEMIAUTOMATIC FIREARMS & RAPID-FIRE DEVICES BILL” 

April 14, 2025 – Last week, the Governor of Colorado signed SB 25-003 into law. The original bill would have banned the manufacture, sale, purchase, transfer and distribution of “specified semiautomatic firearms,” which were defined as: (1) semiautomatic rifles or shotguns with detachable magazines; and (2) gas operated semiautomatic handguns with detachable magazines. However, it appears that…

Read More about COLORADO GOVERNOR SIGNS “SEMIAUTOMATIC FIREARMS & RAPID-FIRE DEVICES BILL” 

RLF ACHIEVES UNANIMOUS VICTORY BEFORE THE PENNSYLVANIA SUPREME COURT ELIMINATING A SHORT-LIVED WIN FOR GUN CONTROL ADVOCATES 

On March 31, 2025, the Pennsylvania Supreme Court issued a unanimous decisionaffirming a lower court decision that claims brought against RLF’s clients are barred by the Protection of Lawful Commerce in Arms Act, 15 U.S.C. §§ 7901-03 (“PLCAA”), and that the PLCAA is constitutional. Plaintiffs’ teenage son was tragically shot and killed with a pistol when…

Read More about RLF ACHIEVES UNANIMOUS VICTORY BEFORE THE PENNSYLVANIA SUPREME COURT ELIMINATING A SHORT-LIVED WIN FOR GUN CONTROL ADVOCATES 

SUPREME COURT HOLDS THAT GUN CONTROL ACT CAN APPLY TO FIREARM KITS AND UNFINISHED FRAMES AND RECEIVERS 

March 26, 2025 – Today, the U.S. Supreme Court issued a decision  (“Opinion”) reversing the U.S. Court of Appeals for the Fifth Circuit and holding that the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) has authority, pursuant to the Gun Control Act (“GCA”), to regulate firearms kits and unfinished frames and receivers. The background of this…

Read More about SUPREME COURT HOLDS THAT GUN CONTROL ACT CAN APPLY TO FIREARM KITS AND UNFINISHED FRAMES AND RECEIVERS 

RENZULLI LAW FIRM OBTAINS COMPLETE VICTORY FOR FIREARMS DEALER AFTER PLAINTIFFS CONCEDE NO BASIS FOR OPPOSING MOTION TO DISMISS 

March 17, 2025 – Renzulli Law Firm obtained a complete litigation victory for one its firearms dealer clients (the “Dealer”).  The lawsuit concerned an attempted murder by a then-employee of the Dealer (the “Shooter”) of the Shooter’s ex-fiancé and her boss (“Plaintiffs”) inside of the boss’s residential trailer.  Plaintiffs’ claims against the Dealer were based…

Read More about RENZULLI LAW FIRM OBTAINS COMPLETE VICTORY FOR FIREARMS DEALER AFTER PLAINTIFFS CONCEDE NO BASIS FOR OPPOSING MOTION TO DISMISS 

CORPORATE TRANSPARENCY ACT ENFORCEMENT SUSPENDED INDEFINITELY FOR U.S. COMPANIES 

March 13, 2025 – In the latest development in this on-going saga, the U.S. Treasury Department and the Financial Crimes Enforcement Network, (“FinCEN”), have suspended all Corporate Transparency Act (“CTA”) enforcement and reporting requirements indefinitely for domestic entities. As we have previously reported, many small firearms companies – those with twenty or fewer employees and…

Read More about CORPORATE TRANSPARENCY ACT ENFORCEMENT SUSPENDED INDEFINITELY FOR U.S. COMPANIES 

SUPREME COURT APPEARS READY TO DISMISS MEXICO’S LAWSUIT AGAINST MAJOR FIREARM MANUFACTURERS 

March 7, 2025 – This week, the United States Supreme Court heard arguments on whether Mexico included sufficient factual allegations in its complaint to support its legal claims against seven firearms manufacturers and one distributor. Based on the procedural status of the case and questions from the Court, Mexico’s case appears likely to be dismissed. …

Read More about SUPREME COURT APPEARS READY TO DISMISS MEXICO’S LAWSUIT AGAINST MAJOR FIREARM MANUFACTURERS 

RECENT COURT DECISIONS ON THREE KEY SECOND AMENDMENT ISSUES

March 4, 2025 – From felony bans to waiting periods and permit fees, courts across the country are addressing the limits of an individual’s rights under the Second Amendment, with varying outcomes. In Vincent v. Bondi, the Court of Appeals for the Tenth Circuit (with jurisdiction over the Mountain West and Plains States and headquartered in…

Read More about RECENT COURT DECISIONS ON THREE KEY SECOND AMENDMENT ISSUES

CANADA THREATENS RETALIATORY TARIFFS AGAINST U.S. FIREARMS INDUSTRY, BUT REVERSES COURSE AFTER REACHING DEAL WITH UNITED STATES

On February 1, 2025, President Trump announced that the United States would be imposing tariffs on Canada, Mexico, and China in response to the “extraordinary threat posed by illegal aliens and drugs, including deadly fentanyl,” which “constitutes a national emergency under the International Emergency Economic Powers Act.” Specifically, President Trump intended to impose a “25% additional tariff…

Read More about CANADA THREATENS RETALIATORY TARIFFS AGAINST U.S. FIREARMS INDUSTRY, BUT REVERSES COURSE AFTER REACHING DEAL WITH UNITED STATES

NEW YORK MOVES FORWARD ON “PERSONALIZED HANDGUNS” LAW

On Tuesday, January 28, 2025, a New York state legislative committee advanced a proposed bill, A.1191, directing the New York Division of Criminal Justice Services to evaluate and certify the viability of so-called “personalized handguns” for use in New York. The bill defines “personal handgun” to mean “a pistol or revolver which incorporates within its design…

Read More about NEW YORK MOVES FORWARD ON “PERSONALIZED HANDGUNS” LAW

FEDERAL APPEALS COURT HOLDS THAT PENNSYLVANIA’S BAN ON CARRYING FIREARMS WITHOUT A LICENSE DURING AN EMERGENCY VIOLATES THE SECOND AMENDMENT

January 21, 2025 – In a divided decision filed last week, a three judge panel of the U.S. Court of Appeals for the Third Circuit reaffirmed its prior decision in  Lara v. Comm’r Pa. State Police, holding that Pennsylvania’s ban on open carry by 18-to-20-year-olds during a declared emergency is unconstitutional because it violates the…

Read More about FEDERAL APPEALS COURT HOLDS THAT PENNSYLVANIA’S BAN ON CARRYING FIREARMS WITHOUT A LICENSE DURING AN EMERGENCY VIOLATES THE SECOND AMENDMENT

CORPORATE TRANSPARENCY ACT FILING REQUIREMENTS SUSPENDED

December 10, 2024 – As we have previously reported, a deadline to file federal paperwork for many small firearms companies under the Corporate Transparency Act (CTA) was set for the end of this month. Companies with twenty or fewer employees and annual gross sales or receipts of less than $5 million faced a requirement to act…

Read More about CORPORATE TRANSPARENCY ACT FILING REQUIREMENTS SUSPENDED

FEDERAL COURT STRIKES DOWN ILLINOIS ASSAULT WEAPONS AND HIGH CAPACITY MAGAZINE BANS

On November 8, 2024, the United States District Court for the Southern District of Illinois issued a decision holding that the Illinois “assault weapons” and “high capacity” magazine bans violate the Second and Fourteenth Amendments. These bans were part of the Protect Illinois Communities Act (“PICA”), which was enacted in response to the Highland Park…

Read More about FEDERAL COURT STRIKES DOWN ILLINOIS ASSAULT WEAPONS AND HIGH CAPACITY MAGAZINE BANS

FEDERAL JUDGE STRIKES DOWN KEY PROVISION OF NEW YORK’S CONCEALED CARRY LAW LIMITING CARRY ON PRIVATE PROPERTY

November 8, 2024 – U.S. District Judge John L. Sinatra Jr., has ruled that a key provision of New York’s 2022 Concealed Carry Improvement Act (CCIA) is unconstitutional. The provision at issue prohibited individuals with concealed carry permits from carrying firearms on private property open to the public, such as restaurants or stores, unless the…

Read More about FEDERAL JUDGE STRIKES DOWN KEY PROVISION OF NEW YORK’S CONCEALED CARRY LAW LIMITING CARRY ON PRIVATE PROPERTY

ALERT: CORPORATE TRANSPARENCY ACT – UPCOMING DEADLINE

November 2, 2024 – The deadline to file federal paperwork for many small firearms companies is fast approaching.  If your company has 20 or fewer employees with annual gross sales or receipts of less than $5 million you are likely required to act before the end of 2024.  Under the federal Corporate Transparency Act (“CTA”),…

Read More about ALERT: CORPORATE TRANSPARENCY ACT – UPCOMING DEADLINE

NEW YORK ENACTS NUMEROUS FIREARM RELATED LAWS

October 23, 2024 – This month, the Governor of New York signed into law six bills related to firearms. All of these new laws are designed to further restrict access to firearms, most seem unlikely to have a significant impact on reducing firearms related violence, and one appears solely intended to assist anti-gun interests groups…

Read More about NEW YORK ENACTS NUMEROUS FIREARM RELATED LAWS

UNITED STATES SUPREME COURT HEARS ORAL ARGUMENT ON ATF’S “GHOST GUN” REGULATION

October 9, 2024 – This week, the Supreme Court heard arguments in Garland v. VanDerStok. As you may recall from our prior Blasts on this case, the questions presented to the Court are: (1) whether a parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile…

Read More about UNITED STATES SUPREME COURT HEARS ORAL ARGUMENT ON ATF’S “GHOST GUN” REGULATION

RLF CONVINCES FEDERAL COURT TO EXCLUDE PLAINTIFFS’ FIREARMS EXPERT IN ALLEGED DROP-FIRE CASE

October 4, 2024 – RLF recently secured another victory for a firearm industry client that manufactures a diverse selection of handguns and long guns. RLF obtained an Order excluding Plaintiffs’ “gun expert” from testifying at trial. In the case, Plaintiffs claimed that the subject pistol drop-fired while he was in a bathroom. In an effort…

Read More about RLF CONVINCES FEDERAL COURT TO EXCLUDE PLAINTIFFS’ FIREARMS EXPERT IN ALLEGED DROP-FIRE CASE

NEW MULTIPLE SALE REPORTING REQUIREMENTS FOR TYPE 07 AND TYPE 08 FFLs EFFECTIVE OCTOBER 1, 2024

September 27, 2024 – ATF’s new reporting requirement for Type 07 and Type 08 FFLs located along the Southwestern border goes into effect Tuesday – October 1, 2024. Under the new requirement, if a manufacturer or importer located in Arizona, California, New Mexico, or Texas sells or transfers two or more semiautomatic rifles (that can…

Read More about NEW MULTIPLE SALE REPORTING REQUIREMENTS FOR TYPE 07 AND TYPE 08 FFLs EFFECTIVE OCTOBER 1, 2024

NINTH CIRCUIT ISSUES DOUBLE-EDGED DECISION FOR FIREARM OWNERS IN CALIFORNIA AND HAWAII

September 16, 2024 – A recent ruling by a unanimous panel (3 judges) of the United States Court of Appeals for the Ninth Circuit in the Wolford v. Lopez case upheld in part two preliminary injunctions issued by the lower courts against location-specific concealed carry restrictions in California and Hawaii. The prohibitions on carrying firearms in places…

Read More about NINTH CIRCUIT ISSUES DOUBLE-EDGED DECISION FOR FIREARM OWNERS IN CALIFORNIA AND HAWAII

FEDERAL APPEALS COURT REINSTATES THE BAR ON ENFORCEMENT OF CALIFORNIA’S ONE GUN A MONTH LAW

August 21, 2024 – Through California Penal Code §§ 27535 and 27540, the California legislature enacted what is commonly called the California one-gun-a-month law (the “Law”).  Up until the end of 2023, the Law prohibited individuals from applying to purchase more than one handgun or semiautomatic centerfire rifle within any thirty day period, with some exceptions.  In 2024,…

Read More about FEDERAL APPEALS COURT REINSTATES THE BAR ON ENFORCEMENT OF CALIFORNIA’S ONE GUN A MONTH LAW

NEW YORK CITY TO ALLOW NON-RESIDENTS TO APPLY FOR CONCEALED-CARRY PERMITS

August 15, 2024 – In response to ongoing litigation challenging the constitutionality of New York City’s law that non-residents of the State of New York are ineligible to obtain a concealed-carry permit, the New York Police Department (NYPD) issued an emergency rule. The rule allows non-residents to apply for a concealed carry permit, even if they…

Read More about NEW YORK CITY TO ALLOW NON-RESIDENTS TO APPLY FOR CONCEALED-CARRY PERMITS

MAINE’S 72-HOUR WAITING PERIOD FOR FIREARM PURCHASES GOES INTO EFFECT TODAY

On August 9, 2024, Public Law Chapter 678 will go into effect in Maine, requiring all firearm sellers to wait 72-hours before transferring a firearm to a buyer. The new waiting period runs from the time of an agreement “between a buyer and seller for the purchase and the sale of a firearm.” Advocates of the law…

Read More about MAINE’S 72-HOUR WAITING PERIOD FOR FIREARM PURCHASES GOES INTO EFFECT TODAY

LAWSUIT FILED CHALLENGING NEW LAWS PASSED IN MASSACHUSETTS

On July 25, 2024, Massachusetts Governor Maura Healey signed into law a sweeping new gun control bill – H 4885.  Titled “An Act Modernizing Firearms Laws,” the 116-page law implements a wide array of gun control measures, touching on everything from outright bans on certain firearms to magazine restrictions to new registration and licensing schemes. The…

Read More about LAWSUIT FILED CHALLENGING NEW LAWS PASSED IN MASSACHUSETTS

FEDERAL COURT HOLDS MINIMUM AGE OF 21 FOR CARRY PERMIT TO BE UNCONSTITUTIONAL

July 22, 2024 – In Worth v. Jacobson, et al., the United States Court of Appeals for the Eighth Circuit recently affirmed the decision from the U.S. District Court for the District of Minnesota striking down a section in the Minnesota Citizens’ Personal Protection Act of 2003 (“Carry Ban”), Minn. Stat. § 624.714, as unconstitutional. The…

Read More about FEDERAL COURT HOLDS MINIMUM AGE OF 21 FOR CARRY PERMIT TO BE UNCONSTITUTIONAL

US SUPREME COURT JUSTICE WARNS AGAINST LOWER COURT’S “NONSENSICAL” APPLICATION OF RULE BANNING “ASSAULT WEAPONS” & OTHER RECENT DECISIONS

July 12, 2024 – Last week, in Harrel v. Raoul, the U.S. Supreme Court declined to hear a set of challenges to the Illinois “assault weapons” ban, however, it did so because the lower courts had yet to develop a full record due to the preliminary nature of those proceedings. Significantly, Justice Thomas issued a statement regarding the…

Read More about US SUPREME COURT JUSTICE WARNS AGAINST LOWER COURT’S “NONSENSICAL” APPLICATION OF RULE BANNING “ASSAULT WEAPONS” & OTHER RECENT DECISIONS

RLF DITCHES THEIR SUITS FOR THEIR ANNUAL “RANGE DAY”

Last week, we stepped out of the office and headed to the range.  Our attorneys and staff enjoyed a day of shooting a variety of firearms, including handguns and rifles. Our session was led by prominent firearms trainer Emanuel Kapelsohn and his top-notch assistant trainers. Our “range day” is not only an opportunity for our…

Read More about RLF DITCHES THEIR SUITS FOR THEIR ANNUAL “RANGE DAY”

CALIFORNIA DATA PRIVACY BREACH CLASS ACTION LAWSUIT ILLUSTRATES IMPORTANCE OF SAFEGUARDING CONSUMER DATA

June 27, 2024 – The security of consumer data is a major issue all around the globe. It impacts all businesses because all companies collect data from consumers in one way or another. The firearms industry is no exception. Whether it be through sales transactions, internet traffic, background checks, marketing activities or otherwise, firearms companies…

Read More about CALIFORNIA DATA PRIVACY BREACH CLASS ACTION LAWSUIT ILLUSTRATES IMPORTANCE OF SAFEGUARDING CONSUMER DATA

U.S. SUPREME COURT STRIKES DOWN ATF’S RULE BANNING BUMP STOCKS

On June 14, 2024, the U.S. Supreme Court issued a decision (“Opinion”) striking down the ATF’s Rule that banned bump stocks.  Contrary to main-stream media’s accounts, the Supreme Court did not legalize machineguns last Friday.  The Supreme Court merely upheld a bedrock principal of our form of government – Congress makes the laws and the Executive Branch…

Read More about U.S. SUPREME COURT STRIKES DOWN ATF’S RULE BANNING BUMP STOCKS

FEDERAL COURT IN TEXAS GRANTS PRELIMINARY INJUNCTION PREVENTING ATF FROM ENFORCING NEW “ENGAGED IN THE BUSINESS” RULE

June 13, 2024 – As RLF previously reported, on April 19, 2024, the ATF published a Final Rule regarding the definition of “engaged in the business” as a firearms dealer. The Final Rule, which went into effect on May 20, 2024, significantly expands the definition of who is required to have a federal firearms license and who is…

Read More about FEDERAL COURT IN TEXAS GRANTS PRELIMINARY INJUNCTION PREVENTING ATF FROM ENFORCING NEW “ENGAGED IN THE BUSINESS” RULE

COURT COMPELS INSURANCE COMPANY TO PROVIDE COVERAGE FOR SHOOTING RANGE SUICIDE LITIGATION

June 7, 2024 – A Delaware court recently ruled in favor of a shooting range, finding that its insurance liability policy covers claims arising from the range’s rental of a firearm. The court disagreed with the defendant insurance company that a “Rental of Sporting Equipment Exclusion” was permissible grounds to deny coverage under the policy.…

Read More about COURT COMPELS INSURANCE COMPANY TO PROVIDE COVERAGE FOR SHOOTING RANGE SUICIDE LITIGATION

US SUPREME COURT RULES IN FAVOR OF NRA IN FIRST AMENDMENT DISPUTE WITH NEW YORK

May 30, 2024 – Today, in a unanimous decision written by Justice Sonia Sotomayor, the US Supreme Court revived the NRA’s lawsuit against the former superintendent of New York’s Department of Financial Services, Maria Vullo. In that case, the NRA alleged that she violated the NRA’s First Amendment rights by coercing insurance companies to terminate their business…

Read More about US SUPREME COURT RULES IN FAVOR OF NRA IN FIRST AMENDMENT DISPUTE WITH NEW YORK

NEW FEDERAL BILL SEEKS TO BAN .50 CALIBER RIFLES, EXPAND MULTIPLE SALE REPORTS TO INCLUDE RIFLES, AND LIMIT PLCAA

May 23, 2024 – Three Democratic U.S. Representatives, with the endorsement of various anti-gun advocacy groups, have recently introduced a bill, the Stop Arming Cartels Act, that seeks to enact a multitude of new federal firearms laws.  The Act would ban the import, sale, manufacture, transfer, or possession of .50 caliber rifles except for government agencies…

Read More about NEW FEDERAL BILL SEEKS TO BAN .50 CALIBER RIFLES, EXPAND MULTIPLE SALE REPORTS TO INCLUDE RIFLES, AND LIMIT PLCAA

FEDERAL COURT PERMITS ENFORCEMENT OF NEW YORK LAW REQUIRING BACKGROUND CHECKS FOR AMMUNITION SALES

May 7, 2024 – On September 13, 2023, the New York State Firearms Association (“NYSFA”), a nonprofit that advocates for Second Amendment rights, and three individuals (including one state senator and one state assemblyman) filed a lawsuit in federal court against the superintendent of New York State Police challenging the validity of New York’s recent laws requiring…

Read More about FEDERAL COURT PERMITS ENFORCEMENT OF NEW YORK LAW REQUIRING BACKGROUND CHECKS FOR AMMUNITION SALES

HALF OF THE STATES JOIN THREE LAWSUITS AGAINST THE ATF’S EXPANDED DEFINITION OF ENGAGED IN THE BUSINESS

May 1, 2024 – As previously reported, the ATF published a Final Rule regarding the Definition of “Engaged in the Business” as a Dealer in Firearms in the Federal Register on April 19, 2024 (“Final Rule”).  The Final Rule, which is scheduled to go into effect on May 20, 2024, greatly expands the definition of…

Read More about HALF OF THE STATES JOIN THREE LAWSUITS AGAINST THE ATF’S EXPANDED DEFINITION OF ENGAGED IN THE BUSINESS

BIDEN ADMINISTRATION ENACTS NEW RESTRICTIONS ON THE EXPORT OF FIREARMS

April 30, 2024 – On October 27, 2023, the Department of Commerce’s Bureau of Industry and Security (“BIS”) announced that it was temporarily pausing all firearm exports to non-governmental end-users except for those located in Israel, Ukraine, and most of the Wassenaar Arrangement countries. That “temporary” pause was subsequently extended. Today, BIS published an Interim…

Read More about BIDEN ADMINISTRATION ENACTS NEW RESTRICTIONS ON THE EXPORT OF FIREARMS

TENNESSEE SENATE PASSES BILL ALLOWING EDUCATORS AND SCHOOL STAFF TO CARRY FIREARMS

On April 24, 2024, the Tennessee House passed Senate Bill 135, authorizing trained teachers and staff to carry firearms on school grounds. According to the bill, the director of schools, school principal, and chief of the local law enforcement agency for the school district each must sign off on the teacher’s or staff member’s authority…

Read More about TENNESSEE SENATE PASSES BILL ALLOWING EDUCATORS AND SCHOOL STAFF TO CARRY FIREARMS

CONGRESS MAKES ANOTHER ATTEMPT AT A FEDERAL PRIVACY BILL

April 19, 2024 – Earlier this month, the U.S. Congress unexpectedly released a draft of the American Privacy Rights Act, (“APRA”), a bipartisan, bicameral federal privacy bill. Privacy laws have enormous potential impact upon the everyday activities of businesses in the firearms industry. The requirements they impose relate to all information and data that is…

Read More about CONGRESS MAKES ANOTHER ATTEMPT AT A FEDERAL PRIVACY BILL

ATF CHANGES THE DEFINITION OF “ENGAGED IN THE BUSINESS” AS A DEALER IN FIREARMS

April 11, 2024 – As Renzulli Law Firm previously reported, in August 2023, the Department of Justice (“DOJ”) issued a notice and request for comments relating to proposed amendments to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) regulations for the purpose of implementing the provisions of the Bipartisan Safer Communities Act (“BSCA”), which…

Read More about ATF CHANGES THE DEFINITION OF “ENGAGED IN THE BUSINESS” AS A DEALER IN FIREARMS

VIRGINIA GOVERNOR VETOES PROPOSED FIREARM LEGISLATION

On March 27, 2024, Governor Glenn Youngkin of Virginia vetoed multiple anti-gun bills passed by the Virginia legislature, including HB 2, which would have prohibited the sale, purchase, import or manufacture of so-called “assault firearms” and “large capacity feeding devices” in Virginia. The bill defined “large capacity feeding device,” as any “magazine, belt, drum, feed…

Read More about VIRGINIA GOVERNOR VETOES PROPOSED FIREARM LEGISLATION

RENZULLI LAW FIRM ACHIEVES DISMISSAL FOR FIREARM MANUFACTURER

March 21, 2024 – In 2019, an employee of a company in California shot and killed another employee using a semi-automatic pistol manufactured by one of RLF’s clients. The family of the victim sued the shooter, the employer, and the manufacturer of the pistol. RLF immediately moved to dismiss the case based on the federal…

Read More about RENZULLI LAW FIRM ACHIEVES DISMISSAL FOR FIREARM MANUFACTURER

INDIANA ENACTS LEGISLATION TO END THE CITY OF GARY’S EFFORTS TO REGULATE THE FIREARMS INDUSTRY THROUGH LITIGATION

On March 15, 2024, Governor Eric Holcomb signed into law Indiana House Enrolled Act 1235 (“HEA 1235”), which seeks to put an end to the City of Gary’s decades long lawsuit against members of the firearms industry.  Despite the firearms industry already being heavily regulated by the federal government, some local municipalities have, over the…

Read More about INDIANA ENACTS LEGISLATION TO END THE CITY OF GARY’S EFFORTS TO REGULATE THE FIREARMS INDUSTRY THROUGH LITIGATION

NEW JERSEY ATTORNEY GENERAL CERTIFIES THAT MICROSTAMPING TECHNOLOGY IS VIABLE

February 28, 2024 – Today, the New Jersey Attorney General issued a certification stating that viable microstamping technology exists. In 2022, New Jersey enacted N.J. Stat. §§ 2C:58-2.13-15, which required the Attorney General to investigate whether microstamping-enabled firearms are technologically viable.  A microstamp is defined as a “unique alphanumeric or geometric code that identifies the…

Read More about NEW JERSEY ATTORNEY GENERAL CERTIFIES THAT MICROSTAMPING TECHNOLOGY IS VIABLE

SUPREME COURT TO HEAR SIGNIFICANT ATF CASE THIS WEEK

February 27, 2024 – Tomorrow, the Supreme Court is set to hear arguments in the case of Garland v. Cargill, which has the potential to shape how future Presidential administrations can implement gun control without Congressional approval. At issue in the case is whether bump stocks fall within the definition of a “machinegun” under federal…

Read More about SUPREME COURT TO HEAR SIGNIFICANT ATF CASE THIS WEEK

ATF’S “DEMAND 2” PROGRAM LIST OF TRACE REQUESTS

February 23, 2024 – USA Today recently published an article containing a list of federal firearm licensees (“FFLs”) that are part of the ATF’s “Demand 2” Program. In order to be placed on the Demand 2 List, an FFL must have sold at least 25 firearms that were traced within three years from when they…

Read More about ATF’S “DEMAND 2” PROGRAM LIST OF TRACE REQUESTS

VIRGINIA LEGISLATURE MOVES FORWARD TO BAN ‘ASSAULT FIREARMS’

On February 2, 2024, the Virginia House of Delegates voted 51-49 to approve a bill prohibiting the import, manufacture, purchase, sale, and transfer of “assault firearms” and certain ammunition feeding devices. On February 7, 2024, the Virginia Senate passed a similar bill 21-19. The legislation, if reconciled and passed, and then if signed into law,…

Read More about VIRGINIA LEGISLATURE MOVES FORWARD TO BAN ‘ASSAULT FIREARMS’

CALIFORNIA BACKGROUND CHECK FOR AMMUNITION RULED UNCONSTITUTIONAL BUT CAN STAY IN EFFECT, FOR NOW

On January 30, 2024, Judge Benitez of the U.S. District Court for the Southern District of California struck down a California law mandating background checks for ammunition. The decision in the case, Kim Rhode, et al. v. Rob Bonta, held that a California law, Senate Bill 1235, requiring a background check for every purchase of…

Read More about CALIFORNIA BACKGROUND CHECK FOR AMMUNITION RULED UNCONSTITUTIONAL BUT CAN STAY IN EFFECT, FOR NOW

SUPREME COURT OF NEW HAMPSHIRE SIDES WITH RLF

February 1, 2024 – RLF achieved another victory for one of its firearm industry clients in a lawsuit alleging negligent entrustment of a firearm. The firearm retailer named as a defendant in the case completed all the required paperwork and ran a background check through New Hampshire’s point of contact system. The state’s Department of…

Read More about SUPREME COURT OF NEW HAMPSHIRE SIDES WITH RLF

NINTH CIRCUIT REFUSES TO ALLOW INFRINGEMENT OF CALIFORNIANS’ 2A RIGHTS WHILE APPEAL IS PENDING

January 16, 2024 – 2023 Senate Bill 2, (“SB 2”), a controversial new California law that aims to impose sweeping restrictions on carrying firearms in most public places in that state was blocked from taking effect – once again – on Saturday. Thus, California’s carry laws go back to the “status quo” as a case…

Read More about NINTH CIRCUIT REFUSES TO ALLOW INFRINGEMENT OF CALIFORNIANS’ 2A RIGHTS WHILE APPEAL IS PENDING

FEDERAL AND STATE LEGISLATION INTRODUCED BANNING DIGITAL FILES FOR 3D PRINTING FIREARMS AND REQUIRING BACKGROUND CHECKS FOR 3D PRINTERS

January 3, 2024 – Wishing all our readers a Happy and Healthy New Year! The year 2023 came with several notable legislative developments regarding firearms. Regardless of whether legislation affects manufacturers, distributors, retailers, or consumers, the federal government and individual states continue to find unconventional approaches to gun control, sometimes through new technology. Recent developments…

Read More about FEDERAL AND STATE LEGISLATION INTRODUCED BANNING DIGITAL FILES FOR 3D PRINTING FIREARMS AND REQUIRING BACKGROUND CHECKS FOR 3D PRINTERS

SECOND CIRCUIT UPHOLDS INJUNCTIONS AGAINST PARTS OF NEW YORK’S CONCEALED CARRY IMPROVEMENT ACT BUT ALSO UPHOLDS NEW YORK’S LICENSING REQUIREMENT FOR RETAILERS

December 13, 2023 – In a recent decision regarding four separate appeals before it challenging the constitutionality of New York State’s Concealed Carry Improvement Act (“CCIA”), the Second Circuit upheld injunctions prohibiting enforcement of certain parts of the CCIA. In another case, however, the Second Circuit also upheld New York State’s new licensing requirements for gun dealers. A.…

Read More about SECOND CIRCUIT UPHOLDS INJUNCTIONS AGAINST PARTS OF NEW YORK’S CONCEALED CARRY IMPROVEMENT ACT BUT ALSO UPHOLDS NEW YORK’S LICENSING REQUIREMENT FOR RETAILERS

SENATE INTRODUCES NEW (AND UNCONSTITUTIONAL) BILL WITH NOVEL APPROACH TO FIREARM REGULATION

December 8, 2023 – A bill called the Gas-Operated Semi-Automatic Firearms Exclusion Act (the “GOSAFE Act”) was recently introduced in the U.S. Senate to ban semi-automatic firearms based on their method of operation, as opposed to their features like prior “assault weapons” bans. The GOSAFE Act seeks to prohibit the manufacture, sale, import, transfer, or…

Read More about SENATE INTRODUCES NEW (AND UNCONSTITUTIONAL) BILL WITH NOVEL APPROACH TO FIREARM REGULATION

FOURTH CIRCUIT STRIKES MARYLAND’S LAW MANDATING A HANDGUN QUALIFICATION LICENSE

On November 21, 2023, the US Court of Appeals for the Fourth Circuit issued a decision in two cases finding Maryland’s handgun licensing scheme unconstitutional. To obtain a firearm in Maryland, you must first fill out an application with certain identifying information and then wait seven days while the state performs a background check. Md.…

Read More about FOURTH CIRCUIT STRIKES MARYLAND’S LAW MANDATING A HANDGUN QUALIFICATION LICENSE

A Week in Review: Major Federal Court Decisions on Firearm Laws

November 10, 2023 – There have been three major federal court decisions in the past week affecting firearm laws across the nation. Two decisions are wins for the firearm industry and individual owners, while one may be considered a loss. The decisions affect firearm laws concerning bans on so-called “assault weapons” and “large capacity” magazines,…

Read More about A Week in Review: Major Federal Court Decisions on Firearm Laws

WHAT’S THE VALUE OF A NAME? THE OFTEN UNDER-APPRECIATED VALUE OF TRADEMARKS

October 24, 2023 – In the firearms industry, intellectual property is often equated with patents and protecting new inventions and innovations. This is undoubtedly an important aspect of the industry, and patents are vital. However, recent corporate news from the home goods sector provides a key reminder that, regardless of what business you are in,…

Read More about WHAT’S THE VALUE OF A NAME? THE OFTEN UNDER-APPRECIATED VALUE OF TRADEMARKS

CALIFORNIA ENACTS NEW LAWS AFFECTING FIREARM DEALERS

On September 26, 2023, Governor Newsom signed into law two bills impacting federal firearm licensees (“FFL”) in California. The first bill, SB-417,sets forth specific warnings that all FFLs must “conspicuously post within the licensed premises.” The warnings, which must be posted “in block letters not less than one inch in height,” concern the safe storage…

Read More about CALIFORNIA ENACTS NEW LAWS AFFECTING FIREARM DEALERS

CALIFORNIA FEDERAL JUDGE FINDS LARGE CAPACITY MAGAZINE BAN UNCONSTITUTIONAL

On September 22, 2023, District Judge Benitez of the United States District Court for the Southern District of California issued a decision finding California’s “large-capacity” magazine ban unconstitutional. California’s large-capacity magazine ban, codified at California Penal Code § 32310, has been the subject of litigation since 2017. It was initially prevented from going into effect in…

Read More about CALIFORNIA FEDERAL JUDGE FINDS LARGE CAPACITY MAGAZINE BAN UNCONSTITUTIONAL

CALIFORNIA’S RESTRICTIVE FIREARMS ADVERTISING LAW BLOCKED BY FEDERAL COURT

September 14, 2023 – Today, the United States Court of Appeals for the Ninth Circuit blocked a California law banning firearm advertisements that “reasonably appear to be attractive to minors,” saying the law related to protected commercial free speech and was unlikely to reduce gun violence or the unlawful use of firearms. As we previously…

Read More about CALIFORNIA’S RESTRICTIVE FIREARMS ADVERTISING LAW BLOCKED BY FEDERAL COURT

ATF ISSUES PROPOSED RULE CHANGING THE DEFINITION OF “ENGAGED IN THE BUSINESS” AS A DEALER IN FIREARMS

September 12, 2023 – The Department of Justice (“DOJ”) has issued a notice and request for comments relating to proposed amendments to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) regulations for the purpose of implementing the provisions of the Bipartisan Safer Communities Act (“BSCA”), which became effective June 25, 2022. These amendments primarily…

Read More about ATF ISSUES PROPOSED RULE CHANGING THE DEFINITION OF “ENGAGED IN THE BUSINESS” AS A DEALER IN FIREARMS

NEW YORK TO BECOME A POINT OF CONTACT STATE FOR FIREARM AND AMMUNITION SALES

August 30, 2023 – New York will soon become the fourteenth state to serve as the point-of-contact (“POC”) for background checks on purchasers.  Beginning on September 13, 2023, federal firearms licensees in New York will contact the New York State Police to conduct background checks, instead of contacting the FBI using the National Instant Criminal…

Read More about NEW YORK TO BECOME A POINT OF CONTACT STATE FOR FIREARM AND AMMUNITION SALES

SUPREME COURT ALLOWS GHOST GUN REGULATION TO REMAIN IN EFFECT

August 8, 2023 – In a 5-4 decision issued today, the Supreme Court is allowing ATF’s Final Rule aimed at regulating so-called ghost guns to remain in effect. Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberal leaning justices in the majority, issuing a short order stating, “the application for stay…

Read More about SUPREME COURT ALLOWS GHOST GUN REGULATION TO REMAIN IN EFFECT

ILLINOIS ENACTS “ANTI-PLCAA” LAW TARGETING COMMERCIAL FREE SPEECH

August 24, 2023 – Illinois recently enacted HB0218, the Firearm Industry Responsibility Act (“FIRA” or “Act”).  FIRA provides a statutory nuisance claim designed to serve as an exception to the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). The Act also criminalizes First Amendment-protected commercial free speech by prohibiting “firearm-related product”…

Read More about ILLINOIS ENACTS “ANTI-PLCAA” LAW TARGETING COMMERCIAL FREE SPEECH

ILLINOIS SUPREME COURT UPHOLDS THE PROTECT ILLINOIS COMMUNITIES ACT AGAINST STATE LAW CHALLENGES

On August 11, 2023, the Illinois Supreme Court issued a decision in Caulkins v. Pritzker, one of the lawsuits challenging Illinois’ ban on “assault weapons” and large capacity magazines, as codified in the Protect Illinois Communities Act (“PICU”).   Although the court upheld the PICU, plaintiffs had originally challenged it only on state law grounds. Specifically,…

Read More about ILLINOIS SUPREME COURT UPHOLDS THE PROTECT ILLINOIS COMMUNITIES ACT AGAINST STATE LAW CHALLENGES

RLF OBTAINS DISMISSAL FOR TEXAS SHOOTING RANGE

August 3, 2023 – RLF achieved another victory for one of its firearm industry clients in a recently filed lawsuit pursuant to Section 128.053 of the Texas Civil Practice and Remedies Code. RLF represented a shooting range located near Dallas, Texas. The Plaintiff claimed that he sustained significant hearing loss at the shooting range because…

Read More about RLF OBTAINS DISMISSAL FOR TEXAS SHOOTING RANGE

FIFTH CIRCUIT DENIES THE ATF’S REQUEST TO KEEP ITS EXPANDED DEFINITION OF A “FIREARM,” “FRAME” OR “RECEIVER” IN EFFECT PENDING APPEAL

July 28, 2023 – As previously reported, the ATF issued Final Rule 2021-05F (“Final Rule”), which, among other things, changed the definition of a “firearm” to include partially completed frames and receivers, effective August 24, 2022.   Various plaintiffs filed a lawsuit challenging two aspects of the Final Rule, specifically, the change in the definition of…

Read More about FIFTH CIRCUIT DENIES THE ATF’S REQUEST TO KEEP ITS EXPANDED DEFINITION OF A “FIREARM,” “FRAME” OR “RECEIVER” IN EFFECT PENDING APPEAL

FEDERAL COURT STRIKES DOWN ATF’S FINAL RULE THAT RE-DEFINED “FRAME” AND “RECEIVER”

July 4, 2023 – On Friday, the U.S. District Court for the Northern District of Texas issued an order vacating the controversial ATF Rule that changed the statutory definition of “firearm” under the Gun Control Act of 1968 to include partially complete frames and receivers. In August of 2022, the ATF enacted Final Rule 2021-05F which was…

Read More about FEDERAL COURT STRIKES DOWN ATF’S FINAL RULE THAT RE-DEFINED “FRAME” AND “RECEIVER”

DEMOCRATS PROPOSE LEGISLATION BANNING “BUY NOW, PAY LATER” FINANCING FOR SEMIAUTOMATIC FIREARMS

July 14, 2023 – 19 Democratic members of the US House recently proposed a bill that would prohibit the making of short-term, Buy Now, Pay Later (“BNPL”) loans for the purchase of semiautomatic “assault weapons.” The bill, H.R. 9686, also known as the Assault Weapon Financing Accountability Act (the “Act”), was introduced by Connecticut Representative…

Read More about DEMOCRATS PROPOSE LEGISLATION BANNING “BUY NOW, PAY LATER” FINANCING FOR SEMIAUTOMATIC FIREARMS

CONNECTICUT PASSES NEW FIREARMS LEGISLATION

June 23, 2023 – Earlier this month, Connecticut House Bill 6667, entitled “An Act Addressing Gun Violence” went into effect. This new law includes many changes to the types of firearms available to Connecticut residents, the legal age and permitting requirements to purchase firearms, ammunition and magazines, and how retailers conduct business in Connecticut. The bill…

Read More about CONNECTICUT PASSES NEW FIREARMS LEGISLATION

RENZULLI LAW FIRM PREVAILS IN CLAIMED STRAW PURCHASE CASE PURSUED BY BRADY CENTER

June 16, 2023 – Renzulli Law Firm recently secured a complete dismissal of a lawsuit on behalf of one of its firearm dealer clients in Kansas based on an aggressive defense and calculated use of the Protection of Lawful Commerce in Arms Act (PLCAA).  Plaintiffs alleged that this Midwest firearms dealer negligently entrusted (sold) a…

Read More about RENZULLI LAW FIRM PREVAILS IN CLAIMED STRAW PURCHASE CASE PURSUED BY BRADY CENTER

Supreme Court Decision Strengthens Ability of Firearms Brands to Combat Infringement and Dilution

June 12, 2023 – Unauthorized and infringing use of the trademarks, trade dress and brands of firearms industry members on items such as apparel, accessories and other merchandise is a widespread concern. Late last week, the Supreme Court issued a unanimous ruling overturning a previous decision by the Ninth Circuit Court of Appeals that, had…

Read More about Supreme Court Decision Strengthens Ability of Firearms Brands to Combat Infringement and Dilution