Renzulli Run Down: What You Need To Know

SUPREME COURT TO DECIDE MAJOR SECOND AMENDMENT CASE

April 26, 2021 For the first time in more than a decade, the Supreme Court is poised to issue a major decision regarding the scope of the right to keep and bear arms protected by the Second Amendment. Earlier today, the Supreme Court granted a petition for a writ of certiorari in the case of New York State Rifle & Pistol Association, Inc. v. Keith M. Corlett, in H...

ATF Documents Reveal Proposed Regulations on “Ghost Guns”

April 23, 2021 The Bureau of Alcohol, Tobacco, Firearms and Explosives’ plan to regulate “ghost guns” is starting to take shape. A 107-page internal document was leaked yesterday which included a number of proposals specifically targeted at manufacturers and sellers of 80% receivers and component parts, often referred to as “ghost guns.” These proposals surfaced two weeks after the Biden Admin...

Walmart Win Provides Lifeline for Companies Dealing With CCPA Private Actions

April 15, 2021 The California Consumer Protection Act (CCPA), which went into effect on January 1, 2020, permits private citizens to sue companies for failing to adequately protect their personal information in addition to imposing regulatory fines connected to the rights of California residents under the CCPA (read more about the CCPA here and here). As expected, this has lead to dozens...

April 8, 2021 Today, from the Rose Garden, President Joe Biden announced a series of Executive Actions to further the Biden Administration’s gun control agenda. Realizing that Congressional action on gun control is unlikely due to a deeply divided Senate and a filibuster that affords Republicans the ability to block excessive gun control proposals from becoming law, President Biden is, o...

EXECUTIVE AUTHORITY TO BAN BUMP STOCKS QUESTIONED

April 4, 2021 After a series of set-backs endured by bump stock owners and gun rights organizations around the country, on March 25, 2021, the U.S. Court of Appeals for the Sixth Circuit in the case of Gun Owners of America, Inc. v. Garland, held that bump stocks cannot be classified as “machineguns” as defined by the National Firearms Act, 26 U.S.C. § 5845(b). As you may recall, bump stocks ...

Ninth Circuit Rules There is No Constitutional Right to Carry

March 26, 2021 This week an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued a 7-4 decision holding that states may regulate and restrict the public carry of firearms. This decision reversed a prior holding of the same court that had struck down as unconstitutional a Hawaii County statute that effectively limited the issuance of carry permits to security guards only. In ...

RLF OBTAINS DISMISSAL FOR PISTOL MANUFACTURER PURSUANT TO THE PLCAA

March 19, 2021 The U.S. District Court for the District of Arizona issued a decision on March 11, 2021 granting a motion to dismiss pursuant to the Protection of Lawful Commerce in Arms Act (“PLCAA”) that Renzulli Law Firm had filed on behalf of a pistol manufacturer. Plaintiff was shot and severely injured (paraplegia) while a passenger in a vehicle when a fourteen-year-old girl (“shooter”), ...

Multiple States Attempt to Preempt Potential New Federal Firearm Restrictions

March 12, 2021 It is no secret that the Biden Administration – along with a Democrat led Congress – is attempting to enact new federal firearms restrictions into law. The new Administration recently called on Congress to pass laws requiring background checks on all firearms sales, ban “assault weapons” and high-capacity magazines, and eliminate the Protection of Lawful Commerce in Arms Act, a...

NRA Countersues New York Attorney General

March 2, 2021 The latest chapter in the saga of Letitia James’ attempts to dismantle the NRA unfolded this week, as the NRA countersued the New York Attorney General, claiming that she has violated the group’s rights under the New York Constitution and engaged in her present lawsuit to pursue a political vendetta.The counterclaims allege that Ms. James has engaged in selective enforcement of N...

Biden Considers Executive Action to Control “Ghost Guns”

March 2, 2021 Over the course of last year’s Democratic Party Primary and the General Election, then-Candidate Biden unveiled a gun control agenda that ranged from “common-sense” initiatives to truly outlandish efforts such as banning all online sales of ammunition (if you missed it, you can read Renzulli Law Firm’s summary of the Biden agenda here).However, the Biden administration faces an ...

SURGE OF ONLINE SCAMMERS IMITATING FIREARMS COMPANIES

February 18, 2021 The Internet is full of scammers, identity thieves, and a host of other criminals. Everyone knows this, and many people do their best to avoid the ever-evolving schemes that circulate in the digital world. But what happens when the scammer doesn’t target you, but instead goes after your customers? Using your company name, they trick people into “buying” produ...

FIREARMS IMPORT-EXPORT UPDATE PART III – ENFORCEMENT OF EXPORT LAWS BY THE DEPARTMENT OF COMMERCE AND THE VOLUNTARY SELF-DISCLOSURE PROGRAM

February 12, 2021 This is the third and final update regarding the valuable information obtained from the NSSF’s January 11-14 firearms import-export webinars. As explained in our January 21 and January 26 updates, jurisdiction over the export of the majority of firearms and ammunition was formally transferred from the Department of State to the Department of Commerce on March 9, 2020.&n...

February 5, 2021 UNDERTAKING A RECALL: WHAT A MANUFACTURER SHOULD KNOW Christopher Renzulli and Howard Schilsky of Renzulli Law Firm, LLP were published in the February 2021 edition of Westchester Lawyer Magazine for their article addressing the legal implications of undertaking a recall. Whether to issue a recall of a product, and how to effectively proceed in that endeavor, are s...

February 1, 2021 In the waning days of 2020, the United States Congress enacted and President Trump signed into law the Trademark Modernization Act of 2020 (“TMA”). The legislation establishes a new category of administrative proceeding within the U.S. Patent and Trademark Office (“USPTO”) and may significantly impact the way non-U.S. firearms companies and other clients approach their U...

January 21, 2021 We attended the NSSF’s January 11-14 firearms import-export webinars so that we can pass on the valuable information to those of you who were unable to attend. As many of you know, jurisdiction over the export of the majority of firearms and ammunition was formally transferred from the Department of State to the Department of Commerce on March 9, 2020. Most firearm...

“Hearing Protection Act” Aimed at Eliminating Red Tape for the Purchase of Suppressors Reintroduced in the 117th Congress

January 16, 2021 H.R. 155, the Hearing Protection Act, first introduced to Congress in 2015, was reintroduced on January 4, 2021, by Republican Congressman from South Carolina, Jeff Duncan. The bill, if passed into law, would remove suppressors from the National Firearms Act (NFA), removing several restrictions on the purchase and possession of suppressors. A suppressor (sometimes ...

REPRESENTATIVE HUDSON REINTRODUCES BILL TO ALLOW INTERSTATE CARRY OF CONCEALED HANDGUNS

January 8, 2021 On January 4, 2021, the opening day of the 117th Congress, North Carolina Representative Richard Hudson introduced H.R. 38, the Concealed Carry Reciprocity Act (“CCRA”). This bill would allow a qualified individual to carry a concealed firearm in another state that allows individuals to carry concealed firearms. In order to be considered a “qualified individual,” one must be el...

SUPREME COURT PETITIONED TO ADDRESS NEW YORK CONCEALED CARRY LAW

December 31, 2020 As Renzulli Law Firm reported, New York State Rifle & Pistol Association (NYSRPA) previously challenged New York City’s restriction on traveling with firearms outside of New York City. Although the Supreme Court accepted the case for review, New York City removed its restrictions before the case was heard by the Court. The Court ultimately declined to decide the Second Am...

THINGS TO REMEMBER WHEN GIFTING FIREARMS THIS HOLIDAY SEASON

December 23, 2020 With the Holidays upon us, the tradition of last minute, frenzied gift buying is in full swing. For sport shooters, hunters, and collectors what could be better than receiving a brand new firearm or a family heirloom that is being passed down to a younger generation? Despite our good intentions, there are legal considerations and potential pitfalls to be aware of when gifting...

ATF TAKING STEPS TO CLASSIFY PISTOLS WITH STABILIZING BRACES AS SHORT-BARRELED RIFLES

December 18, 2020 The ATF is expected to publish a notice in the Federal Register today regarding “Objective Factors for Classifying Weapons with ‘Stabilizing Braces.’”. This notice suggests that the ATF is changing its interpretation of firearms with stabilizing braces and will treat the majority of them as short-barreled rifles that are subject to the National Firearms Act (“...

WHAT DOES A BIDEN ADMINISTRATION MEAN FOR THE FIREARMS INDUSTRY?

December 14, 2020 While President Trump’s legal challenges to the election results continue, it becomes more apparent every day that on January 20, 2021, Joseph R. Biden Jr. will be sworn in as the 46th President of the United States. What does a Biden administration mean for the firearms industry?Biden’s team released an extensive plan to “End Gun Violence.” Major components of th...

December 4, 2020 Renzulli Law Firm was successful in convincing the Pennsylvania Superior Court (the state’s intermediate appellate court) to withdraw its prior decision declaring the Protection of Lawful Commerce in Arms Act (“PLCAA”) to be unconstitutional. A September 28, 2020 decision by a three-judge panel had held that Congress did not have the authority to enact the PLCAA pur...

HAPPY THANKSGIVING – A PERFECT TIME TO HUNT

November 25, 2020 As Thanksgiving Day approaches, we look forward to seeing family and enjoying a fantastic home cooked meal with the people we love. This is a time to be grateful for the things in our lives that we often take for granted. For many, however, Thanksgiving is also inescapably linked to hunting season. Hunters around the country look forward to the Thanksgiving ...

November 20, 2020 U.S. Representative Don Beyer (D-VA) and U.S. Senator Chris Van Hollen (D-MD) recently introduced S. 4841, the ATF Improvement and Modernization Act of 2020 (“AIM Act”) which would repeal numerous restrictions on the ATF that have been added to federal law through appropriations bills over the years. Among other provisions, the AIM Act would repeal the “Tiahrt...

FEDERAL LEGISLATION INTRODUCED TO CIRCUMVENT THE PLCAA

November 11, 2020 Democratic members of Congress have introduced the Stopping the Fraudulent Sales of Firearms Act (S. 4718/HR __) to make it easier for plaintiffs to plead around the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). The Stopping the Fraudulent Sales of Firearms Act is an effort to provide a federal law that would allow plaintiffs th...

CALIFORNIA VOTES “YES” ON NEW PRIVACY RIGHTS ACT

November 9, 2020 California voters cast their ballots for more than elected officials on Election Night. In a ballot initiative titled Proposition 24, Californians voted “yes” to strengthen existing data privacy laws with the implementation of the California Privacy Rights Act (CPRA). The CPRA is intended to strengthen the existing California Consumer Privacy Act (CCPA), which was ...

MICHIGAN JUDGE STRIKES DOWN SECRETARY OF STATE’S DIRECTIVE BANNING OPEN CARRY AT POLLING PLACES ON ELECTION DAY

October 31, 2020 Michigan Court of Claims Judge Christopher Murray recently issued a preliminary injunction against Michigan Secretary of State Jocelyn Benson’s directive banning the open carry of firearms at polling places on Election Day. Secretary of State Benson, also acting as the state’s chief elections officer, issued the directive banning open carry at polling places on October 1...

RLF PROVES FIREARMS DEALER DID IT RIGHT – CASE AND APPEAL DISMISSED (UPDATE)

October 23, 2020 On October 16, 2020 the Supreme Court of Pennsylvania issued an Order declining to review the appeal in a lawsuit by a customer against a Pennsylvania firearms retailer for slander and for allegedly failing to adequately supervise and control its employees during an altercation with a customer. This ruling brings finality to this matter and highlights the value of common...

ATF ISSUES UPDATED FIREARMS TRANSFER PROCEDURES

October 6, 2020 The Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) recently released two updated Procedure documents, Procedures 2020-1 and 2020-2, which supersede the ATF’s previous guidance regarding the sale and transfer of firearms by FFLs to purchasers off of the FFL’s business premises and an FFL’s facilitation of firearms transfers between private parties. These procedures ...

SETTLEMENT OF CASE AGAINST MGM ARISING FROM LAS VEGAS SHOOTING

October 6, 2020 Numerous persons who were shot during the October 1, 2017 shooting at the Route 91 Harvest Music Festival in Las Vegas, families of persons who were killed, and others claiming non-physical injuries, previously filed lawsuits against MGM in Nevada state court. Those cases were consolidated into a single action, captioned Shepherd v. MGM, on September 9. A settl...

September 23, 2020 Litigators in the Lone Star State are the first to admit: justice often doesn’t come swiftly in Texas courts. And parties to lawsuits can attest that when a case drags on through the court system – even where there are strong defenses – it will be a costly endeavor for the client. RLF bucked this trend for its handgun manufacturer client when it was successful in...

LEGISLATION INTRODUCED IN NEW LAW TO CIRCUMVENT THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT

September 11, 2020 A Democratic member of the New York Senate recently introduced S-8926A, which would add a new provision to the General Business Law (proposed Article 39-DDDD), that aims to make it easier to file lawsuits against federal firearms licensees (“FFLs”). The proposed law seeks to circumvent the immunity provided to FFLs by the Protection of Lawful Commerce in Arms Act (“PLCAA”) ...

CALIFORNIA ADOPTS FINAL CCPA REGULATIONS

September 4, 2020 The California Office of Administrative Law (OAL) approved the final proposed regulations for compliance with the California Consumer Protection Act (CCPA). Enforcement of the first robust data privacy law in the nation commenced on July 1, 2020. The CCPA was enacted in 2018 and established consumer rights to access to, deletion and sharing of personal information ...

FOUR CITIES AND EVERYTOWN FOR GUN SAFETY SUE ATF TO CHANGE DEFINITION OF FIREARM

On August 26, 2020, the cities of Syracuse, San Jose, Chicago, and Columbia (SC), and the gun control group Everytown for Gun Safety, sued the ATF in the U.S. District Court for the Southern District of New York seeking to require it to change the definition of a firearm to apply to “ghost guns.” A firearm is defined by the Gun Control Act (“GCA”) to include the “frame or receiver” of any we...

RICHMOND TO EXPAND BAN ON FIREARMS

August 20, 2020 Last week, Richmond Mayor Levar Stoney introduced an ordinance that would expand the city’s current ban on carrying firearms in city-owned and operated parks and facilities.The new ordinance would “prohibit the possession, carrying or transportation of any firearms in any public street, road, alley, sidewalk, public right-of-way or any open public space when it is being used by...

A COUNTRY WITHOUT THE NRA?

August 20,2020 The National Rifle Association is generally cast as either a hero or a villain in political debates. Now the organization is fighting for its existence against what many are calling a purely political maneuver by New York Attorney General Letitia James. The NRA, however, is far more than a collection of political action committees and does far more than raise donations for p...

August 17, 2020 California’s 2016 ban on so-called “high capacity magazines” (defined as any magazine holding more than ten rounds of ammunition) has been struck down by the United States Court of Appeals for the Ninth Circuit. A three judge panel issued a decision today holding that California’s ban was not narrowly tailored to the state’s interest in preventing mass shootings,...

CALIFORNIA MICROSTAMPING BILL PASSED BY SENATE SUBCOMMITTEE

On July 31, 2020, California Bill AB 2847, which revises the criteria for handguns to be certified for sale in California by requiring microstamping in one place on a discharged cartridge, was passed by California’s Senate Public Safety Committee. AB 2847 was proposed following litigation surrounding California’s adoption of Cal. Penal Code § 31910 (b)(7)(A) regarding “unsafe handguns,” which req...

FIREARMS NEWS AND EVENTS: THIS IS WHAT’S HAPPENING IN NEW YORK

August 10, 2020 Jose Webster Untraceable Firearms Act. The New York State Senate recently passed the Jose Webster Untraceable Firearms Act, a proposed law that would prohibit the sale of “ghost guns” in New York. “Ghost Guns” are firearms that are referred to as “untraceable” because they lack serial numbers and are often built from plastics or other materials, and in many cases ha...

July 31, 2020 Trademarks are a type of commercial speech. The presence of a trademark on a product assures the marketplace that all goods bearing the mark come from the same source and are of uniform quality. To many, the term “trademark” refers to a word, phrase, or design/emblem that appears on a product or its packaging. While this is true, trademark law in the United States has long rec...

NEW YORK EXECUTIVE ORDER RESTRICTING FIREARMS RETAILERS HELD CONSTITUTIONAL

July 24, 2020 On March 30, 2020 a firearms retailer based in Long Island, New York, Dark Storm Industries LLC, filed a lawsuit in the United States District Court for the Northern District of New York naming New York Governor Andrew Cuomo and the Empire State Development Corporation (“ESD”) as defendants. The lawsuit alleged that Governor Cuomo’s Executive Order No. 202.6, issued in response t...

DEPARTMENT OF STATE UPDATES SUPPRESSOR EXPORT REGULATIONS

July 24, 2020 Earlier this month, the Directorate of Defense Trade Controls (“DDTC”), an organization within the Department of State responsible for regulating the import and export of certain defense technology, published a web notice updating its suppressor policy. The notice stated that effective immediately the Department of State has rescinded its April 18, 2020 firearms suppressor policy...

Trademarks help companies communicate with their customers. The presence of a trademark on a product assures the marketplace that all goods bearing the mark come from the same producer and are of uniform quality. The system of trademark registration in the United States is administered by the United States Patent and Trademark Office (“USPTO”). The USPTO generally functions well...

On June 29, 2020, in a unanimous opinion, the Colorado Supreme Court upheld the state’s ban on “large-capacity magazines.” In 2013, the Colorado Governor, John Hickenlooper, signed HB 13-1224 into law. HB 13-1224 banned the sale, transfer, or possession of “large-capacity magazines,” which are defined as “any fixed or detachable magazine, box, drum, feed strip, or similar device capabl...

ILLINOIS ADOPTS FINAL REGULATIONS GOVERNING FIREARMS DEALERS

June 26, 2020 The Illinois Firearms Dealers License Certification Act was enacted on January 17, 2019. It required the Illinois State Police (“ISP”) to adopt regulations governing the security measures required to be adopted by all federally licensed firearms dealers that operate retail stores in Illinois. The permanent regulations adopted by the ISP were approved on June...

FLORIDA SUPREME COURT REJECTS ASSAULT WEAPON BAN BALLOT INITIATIVE

On June 4, 2020, the Florida Supreme Court rejected as misleading the proposed citizen backed initiative that would have asked Florida citizens to vote in 2022 on whether to amend the Florida Constitution to include an explicit “assault weapon” ban. Under Florida law, citizens may propose an amendment or revision to any portion(s) of the Florida Constitution by filing a petition with the Se...

CALIFORNIA ATTORNEY GENERAL SUBMITS FINAL PROPOSED CCPA REGULATIONS

Enforcement of the first robust data privacy law in the nation will commence on July 1, 2020. The California Consumer Protection Act (CCPA) was enacted in 2018 and established consumer rights to access to, deletion and sharing of personal information that is collected by businesses. Read more about the CCPA in RLF’s newsletter “Is Your Company Ready for the California Consumer Pr...

SENATORS STRUGGLE TO FIND SOLUTIONS TO IMPROVE “INSTANT” BACKGROUND CHECKS AMIDST LENGTHY DELAYS

May 29, 2020 Gun sales and the number of instant background checks performed have soared since the COVID-19 lockdown began two months ago. Due to the rising number of background checks, they have often lagged to the point that “instant” does not always apply. A group of Republican senators wrote to FBI Director Christopher Ray, proposing ways that the National Instant Criminal Back...

MARYLAND GOVERNOR VETOES LONG GUN BACKGROUND CHECK FOR PRIVATE SALES

May 22, 2020 In Maryland, as the legislature attempted to criminalize private transfers of long guns, Governor Hogan stood up for gun rights and vetoed the legislation. The bill would have required a Federal Firearms Licensee to facilitate the transfer, with associated fees, and a NICS background check of the transferee before privately selling, renting, loaning or transferring a rif...

HUNTING AND FISHING DURING THE PANDEMIC – PERHAPS

May 15, 2020 Hunters and anglers across the country have seen major changes in the wake of the COVID-19 pandemic. Not only have many public places been shut down, but the offices issuing permits have been closed in response to the stay-at-home orders issued in various states. This comes at a time when access to firearms and ammunition is inconsistent from state-to-state (as we’ve been reportin...

PANDEMIC UPDATE IN NEW JERSEY: TENNIS COURTS AND GOLF COURSES — BUT NO SHOOTING RANGES?

May 15, 2020 In New Jersey, following a number of lawsuits seeking the reopening of firearm retailers and Governor Murphy’s subsequent decision to add them to the essential services list, shooting ranges have filed a lawsuit in New Jersey this week over their right to reopen to the public. Owners and operators of shooting ranges are seeing tennis courts and golf courses across the st...

CANADA BANS “MILITARY STYLE ASSAULT WEAPONS” IN THE WAKE OF MASS SHOOTING

May 4, 2020 Approximately two weeks after Canada’s deadliest mass shooting in its history, Prime Minister Justin Trudeau declared a ban on “military style assault weapons.” The shooting occurred over a span of two days in April when a lone gunman murdered 22 people in Nova Scotia, Canada. The shooter did not have a firearms license and used semi-automatic rifles believed to have be...

April 27, 2020The Supreme Court issued its decision today in the Second Amendment case of New York State Rifle and Pistol Association, Inc. v. City of New York, New York. The case involved a Second Amendment challenge to restrictions that the City of New York placed on premises pistol permits that prevented permit holders from transporting handguns (unloaded and in a locked case) to another resi...

CALIFORNIA’S PROPOSITION 63 FOUND UNCONSTITUTIONAL

On April 23, 2020, a federal judge in California held that Proposition 63, which requires background checks to purchase ammunition, violates the Second Amendment. “The experiment has been tried. The casualties have been counted. California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured,” remark...

NON-ESSENTIAL SECOND AMENDMENT RIGHTS?

April 13, 2020 As we reported in our 3/23/20 newsletter, the NSSF lobbied the White House and the Department of Homeland Security to change its designation of firearms retailers from “non-essential” to “essential.” Although the NSSF was successful, the Department of Homeland Security’s decision effectively gave states the option to close down firearms retailers: “[t]his list [of essentia...

April 13, 2020 As noted in our April 10, 2020 blast, some states have closed down firearms dealers based on their non-essential business designation. The majority of states, however, have allowed firearms dealers to remain open for business and demand for firearms is at a record high. Open firearms dealers, like all other businesses, are being urged to practice social distancing.&...

On March 25, 2020 the Superior Court of Pennsylvania affirmed the dismissal of a lawsuit by a customer against a Pennsylvania firearms retailer for slander and allegedly failing to adequately supervise and control its employees during an altercation with a customer. A customer who had lawfully purchased a semi-automatic pistol from the firearms retailer returned two-weeks later and re...

Renzulli Law Firm Successfully Opposes Second Department Appeal in Oil Spill Case

On March 11, 2020, the Supreme Court of the State of New York Appellate Division, Second Department denied an appeal filed by a New York State Municipality against a private Land Developer. The appeal was successfully opposed by Renzulli Law Firm. The case arises from two fuel oil spills that occurred in 2008. The Municipality sold a large plot of land to the Land Developer in 1...

March 23, 2020 To combat the spread of COVID-19, multiple states enacted broad restrictions requiring most businesses to close and ordering Americans to stay at home and ensure they wear an n95-mask if they do need to go outside. To date, the states that enacted these restrictive orders include California, New York, Illinois, Pennsylvania, New Jersey, Ohio, Louisiana, Connecticut, and Del...

ILLINOIS APPELLATE COURT: COOK COUNTY FIREARMS AND AMMUNITION TAXES ARE CONSTITUTIONAL

March 20, 2020 An Illinois appellate court upheld an ordinance that imposes a firearms and ammunition tax. The court found that while the tax increases the cost of firearms and ammunition, it does not infringe on the ownership of firearms. Citing the landmark Supreme Court case District of Columbia v. Heller, the court held that the taxes are at most a “marginal, incremental or even appreciab...

Privacy on the internet has been a concern for years and the adoption of laws related to data privacy has been a question of “when,” not “if.” The answer to that question is “now.” The California Consumer Protection Act (CCPA) was enacted in 2018 and creates new consumer rights relating to the access to, deletion and sharing of personal information that is collected by businesses.&nbs...

LEGISLATION INTRODUCED IN MARYLAND TO REGULATE THE FIREARMS INDUSTRY

Legislators in Maryland have recently introduced three house bills designed to regulate various aspects of the firearms industry. Here is the Renzulli Run Down of what you need to know:House Bill 1257 is a proposed amendment to the Firearms Dealers’ Safety Act in Maryland. The Act requires licensed dealers to keep records of all firearms acquisitions and dispositions. House Bill 1257 would impos...

The Tiahrt Amendment, Public Law 112-55, 125 Stat. 609-610, generally prohibits the ATF from disclosing trace data, and records required to be maintained or reported by federal firearms licensees pursuant to the Gun Control Act, such as acquisition and disposition records, Form 4473s, and multiple sale reports. Exceptions are made for disclosure to law enforcement agencies for use in crimin...

NEW YORK GOVERNOR PROPOSES NEW GUN CONTROL LAWS

New York law makers began their new session on January 8, 2020, marking the second year since 2010 that Democrats have had full control of the state government. Seizing on this opportunity to prevent Republicans from using their state senate majority to block proposed firearms measures, New York Governor Andrew M. Cuomo has proposed six gun control bills in his 2021 Executive Budget. T...

LEGISLATION INTRODUCED TO REPEAL THE PLCAA AND TIAHRT AMENDMENT

Although all previous attempts have failed, Democratic members of the Senate and House of Representatives have once again introduced legislation to repeal the Protection of Lawful Commerce in Arms Act (“PLCAA”) and aspects of the Tiahrt Amendment. Introduced on June 11, 2019, the “Equal Access to Justice for Victims of Gun Violence Act” comprises just two pages and, if...

As we recently reported, on March 29, 2019, Judge Benitez of the U.S. District Court for the Southern District of California issued a decision in the case of Duncan v. Becerra holding that California’s ban on the possession of magazines with a capacity of more than ten rounds (“LCM”) violates the Second Amendment and issued a permanent injunction against the continued enforcement of the ban. ...

FEDERAL COURT STRIKES DOWN CALIFORNIA BAN ON STANDARD CAPACITY MAGAZINES; APPEAL LIKELY

FEDERAL COURT STRIKES DOWN CALIFORNIA BAN ON STANDARD CAPACITY MAGAZINES; APPEAL LIKELY In a lengthy decision entered on March 29, 2019 in the case of Duncan v. Becerra, a copy of which can be found here, Judge Benitez of the U.S. District Court for the Southern District of California held that California’s ban on the possession of magazines with a capacity of more than ten rounds violates the...

U.S. SUPREME COURT DENIES STAY OF FEDERAL BUMP STOCK BAN

U.S. SUPREME COURT DENIES STAY OF FEDERAL BUMP STOCK BAN The new federal regulations banning bump stocks went into effect on March 26, 2019. For more information on the bump stock ban, please visit our website. Gun Owners of America had filed a lawsuit in the U.S. District Court for the Western District of Michigan on December 26, 2018 and sought a preliminary injunction...

Today, the Connecticut Supreme Court affirmed the dismissal of all of plaintiffs’ claims against the manufacturer, wholesale distributor, and retail dealer in Soto v. Bushmaster Firearms International, LLC, et al., except for a narrow theory related to the marketing of firearms. The Court unanimously dismissed plaintiffs’ primary claims that the sale of Modern Sporting Rifles, like the...

Breaking News: “Red Flag” Bill Signed Into Law in New York

Breaking News: “Red Flag” Bill Signed Into Law in New York At the end of January, the New York legislature passed a package of gun control laws ranging from a ban on bump stocks to a "red flag" law that would allow educators, law enforcement, or family members to petition a judge to confiscate an individual's firearms if there is some measure of evidence that the individual is a threat to them...

WHAT YOU NEED TO KNOW ABOUT THE NEW BUMP STOCK REGULATIONS

President Trump directed the Attorney General to draft regulations banning bump stocks after the October 21, 2017 shooting at the Route 91 Harvest Music Festival in Las Vegas, Nevada during which Stephen Paddock used AR type rifles with bump stocks installed on them to kill 58 people and injure approximately 500. Bump stocks are replacement stocks that allow semi-automatic rifles to fire mo...

Renzulli Run Down: New Jersey Enacts “Ghost Gun” Ban

This month, New Jersey Governor Phil Murphy signed into law a broad ban on so-called “Ghost Guns” (which we have covered previously). In a press release he stated: “Ghost guns can be created by anyone with a computer and access to a 3D printer, giving the public at large the ability to build their own unregistered, unsafe, and untraceable firearm. Now, thanks to the Legislative sponsors who w...

FIREARMS ON DEMAND? A FEDERAL JUDGE HITS THE PAUSE BUTTON ON 3D PRINTED FIREARMS

This week, a federal judge granted an emergency temporary restraining order (“TRO”) preventing Defense Distributed, a Second Amendment advocacy group, from distributing files on the Internet that could be used to create firearms on a 3D printer. Here is the Renzulli Run Down of what you need to know: Defense Distributed, led by Cody Wilson, has been in a multi-year fight with the federa...

TRUMP’S SUPREME COURT NOMINEE IS EXPECTED TO SUPPORT SECOND AMENDMENT RIGHTS

Last night, President Donald Trump nominated Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit to the U.S. Supreme Court, to fill the seat left open in the wake of Justice Anthony Kennedy’s retirement. The nomination (Trump’s second to the U.S. Supreme Court) is likely to have a lasting impact on U.S. law because Judge Kavanaugh is only 53 years old, meaning ...

“RED FLAG” FIREARM SEIZURE LAWS PROLIFERATING

Seven states have enacted “red flag” laws this year, continuing a demonstrable trend since the Parkland shooting. Now, a total of twelve states, including California, Connecticut, Delaware, Florida, Indiana, Maryland, Massachusetts, New Jersey, Oregon, Rhode Island, Vermont, and Washington, have "red flag" laws on the books. These laws allow law enforcement officials and family members to seek a ...

Significant changes to California’s Proposition 65 warning regulations will go into effect in two months, on August 30. Enacted in 1986, California’s Proposition 65 (commonly called “Prop 65”) requires businesses to provide a warning regarding products that contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. Prop 65, especially in recent ...

Throughout the months leading up to the implementation of the EU General Data Protection Regulation (GDPR) -- the EU’s radical overhaul of data privacy rules and regulations -- we predicted that the states would begin enacting tougher, more stringent data privacy laws. (We even predicted that California would take the lead.) Yesterday, California enacted the California Consumer Privacy Act of 201...

Justice Kennedy’s Retirement Gives Trump Opportunity to Shape U.S. Law and Protect the Second Amendment

Yesterday, Justice Anthony Kennedy announced his retirement, effective July 31, from the U.S. Supreme Court. Justice Kennedy, who has served on the Supreme Court for almost three decades, is frequently cast as a crucial “swing vote” in controversial cases, meaning that he is perceived as being the fifth vote in narrow 5-4 decisions. As the so-called “swing vote,” Justice Kennedy has played a piv...

The U.S. Supreme Court has ruled that states can compel online retailers to collect sales tax. The case, South Dakota v. Wayfair (No. 17-494), overturns two previous Supreme Court decisions and represents a landmark shift in law and policy that will tremendously impact online shopping. Here is the Renzulli Run Down of what you need to know: The Supreme Court’s Opinion was 5 to 4, with Justic...

NRA CALLS OUT GOVERNOR CUOMO AND OTHER NEW YORK POLITICIANS

The National Rifle Association (NRA) is taking on New York Governor Cuomo and other high-ranking government officials in New York. In a lawsuit filed in the United States District Court for the Northern District of New York, the NRA accuses Cuomo and other officials of pressuring private companies, both publicly and behind closed doors, to dissolve their relationships with or otherwise distance t...

Renzulli Run Down: New Jersey Governor Signs Stringent “Gun Control” Measures Into Law

As expected, New Jersey Governor Phil Murphy has signed six stringent “gun control” bills into law. We brought these measures to your attention in our “Renzulli Run Down” earlier this week. Here is what you need to know about the new laws: Bill No. A-1181 mandates the seizure of firearms owned by individuals if a mental health professional determines they pose a threat to themselves or othe...

Renzulli Run Down: New Jersey Expected To Enact Stringent New Firearm Laws

New Jersey Governor Phil Murphy is expected to sign six new “gun control” laws this week, which Governor Murphy touts are “sweeping gun safety legislation” that will be some of the “toughest gun laws” in the nation. Here is the “Renzulli Run Down” of what you need to know: Bill No. A1181 mandates the seizure of firearms owned by individuals if a mental health professional determines they p...

Trump Administration Proposes Substantial Improvements to the Firearm Export Process

The Trump Administration recently published regulations (which had been drafted by the Obama Administration, but never published), that would transfer jurisdiction over the export of most firearms from the Department of State to the Department of Commerce. The proposed regulations, if enacted, will greatly benefit the firearms industry, which has been lobbying for these changes for several years....

The European Union's most comprehensive data privacy overhaul in decades, the General Data Protection Regulation (GDPR), becomes effective on May 25, 2018 – just over one month away. With the deadline fast approaching, it has been widely reported that businesses around the world are not prepared or are significantly underprepared for the GDPR. This poses a serious problem because the GDPR is a r...

ILLINOIS SENATOR PROPOSES LEGISLATION ROLLING BACK OVERLY RESTRICTIVE REGULATIONS ON AIR-GUN OWNERSHIP

If you own a high-powered air-gun in Illinois this may surprise you: Your air-gun may (technically) be a firearm. The current law in Illinois treats air-guns with projectiles that measure larger than .177 caliber, or have a muzzle velocity of more than 700 feet per second, as firearms. Accordingly, the standards and requirements governing real firearms are also applied to qualified air-guns....

SIG SAUER EMPLOYEES INDICTED FOR ALLEGED VIOLATIONS OF THE GERMAN FOREIGN TRADE ACT

Five employees of Sig Sauer GmbH have been indicted by the public prosecutor in Kiel, Germany and charged with violating the German Foreign Trade Act. The indictment stems from allegations that Sig Sauer GmbH illegally exported approximately 36,000 pistols to the Colombian National Police during the period from 2009 to 2012. During that time, Colombia was involved in a civil war with the Revolut...

FLORIDA MUNICIPALITIES SUE OVER STATE FIREARM LAW

Ten Florida municipalities and their elected officials filed a lawsuit in Florida on Monday challenging a Florida state law that imposes penalties on municipalities and their officials when they are found to knowingly and willfully impinge on the State Legislature’s exclusive jurisdiction over firearm and ammunition regulation. The plaintiffs assert that in light of the recent mass shootings, ...

APPELLATE DIVISION REJECTS CONSTITUTIONAL CHALLENGES TO NEW YORK’S REQUIREMENTS REGARDING CONCEALED CARRY LICENSES

In an unfortunately predictable decision given New York's aggressive gun-control measures, New York’s Appellate Division, First Department, rejected constitutional challenges to New York’s legal requirements for obtaining a license to carry a concealed firearm. Jonathan Corbett brought several constitutional challenges relating to the licensing requirements in New York. His initial claim was filed...

Congress Set to Consider “Extreme Risk Protection Orders”

Senate Bill 2521, a bill to authorize the issuance of extreme risk protection orders, has gained another Republican co-sponsor, Senator Collins (R-ME), as of March 23, 2018. The bill, originally introduced on March 8, 2018 by Senators Blumenthal (D-CT) and Graham (R-SC), is similar in scope and effect to the Florida ‘red flag’ bill which we have previously discussed in our newsletter. Here is the ...

DOJ Inches Closer To Federal Bump Stock Ban

DOJ has finally released a notice of proposed rulemaking (“Notice”) that would effectively ban “bump stocks,” “slide-fire” devices, “and devices with certain similar characteristics.” As originally announced, DOJ intends to clarify that all bump stock devices are “machineguns” under the Gun Control Act (“GCA”) and National Firearms Act (“NFA”). The Notice contends in large part that the “single fu...

NRA FILES LAWSUIT TO ENJOIN FLORIDA’S VIOLATION OF THE SECOND AMENDMENT RIGHTS OF YOUNG ADULTS

Florida Governor Rick Scott signed SB 7026 into law on Friday. Among other things, SB 7026 raised the minimum age to buy a rifle or shotgun from 18 to 21, effective immediately. The new provision is Fla. Stat. § 790.065(13), which provides that: “A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not b...

U.S. DOJ Takes Step Toward Bump Stock Ban

The U.S. Department of Justice (DOJ) has submitted to the Office of Management and Budget (OMB) a notice of proposed regulation relating to “bump stock” devices. The DOJ has identified the following objectives and goals in filing the notice: Clarify that the definition of “machinegun” in the National Firearms Act (NFA) and Gun Control Act (GCA) includes bump stock type devices; and ...

BREAKING NEWS: FLORIDA GOVERNOR RICK SCOTT SIGNS GUN CONTROL MEASURE (SB 7026)

Florida Governor Rick Scott signed SB 7026 into law today. As discussed in our previous post, SB 7026 changes Florida law relevant to the sale of firearms in the following manner: The minimum age to purchase rifles and shotguns in Florida has been increased from 18 to 21. There will be a three-day waiting period on the purchase of any firearm, with exceptions for law enforcement officer...

STATE LEGISLATORS CONTINUE TO PUSH KNEE-JERK FIREARM CONTROL BILLS; WHILE LIKELY TO FAIL, OUR INDUSTRY MUST BE ALERT

Two more state legislatures, the Illinois House of Representatives and the Ohio Senate, will be weighing new proposed firearm control measures, proving that the uptick in knee-jerk, rushed legislation following the Parkland tragedy continues. The Illinois bill has passed the state House of Representatives. The bill makes it illegal for persons under the age of 21 to possess or purchase high-capac...

NY, NJ, CT, AND RI FORM COALITION; AGREE TO SHARE FIREARMS DATA

The Governors of New York, New Jersey, Connecticut, and Rhode Island have announced their formation of a new “States for Gun Safety” coalition. Through the Coalition, the four states plan to openly share information of persons prohibited from possessing firearms pursuant to their respective state laws using a centralized database. In addition, they intend to share details with each other about h...

NEW “ASSAULT WEAPONS BAN” INTRODUCED TARGETING SPECIFIC FIREARMS, DEVICES, AND MANUFACTURERS

Two Democratic Representatives, David Cicilline (D-R.I.) and Ted Deutch (D-Fla.), have introduced a sweeping bill called the “Assault Weapons Ban of 2018.” The bill, if passed in its current version, would make it illegal to “import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon,” and would ban devices such as bump stocks an...

UPDATE: Concealed Carry Bill Gets House Approval; “Fix NICS” Full Steam Aheard

H.R. 38, entitled the “Concealed Carry Reciprocity Act of 2017” (CCRA) has been passed by the U.S. House of Representatives. As we have previously reported, the bill allows any person who is carrying a valid government-issued identification document and is either: (1) also carrying a valid license or permit issued by any state that permits carrying a concealed firearm; or (2) is entitled to carry...

What You Need To Know About The Fix NICS Act Of 2017

The “Fix NICS Act of 2017,” Senate Bill 2135 and House Bill 4434, which was introduced this month with bi-partisan support, is supported by both the NRA and the NSSF. The Fix NICS Act of 2017 is an important piece of legislation for the Industry. It will improve the records available to NICS and therefore the accuracy of background checks to determine if a prospective purchaser is prohibited from...

RLF Partner Christopher Renzulli appeared before the Connecticut Supreme Court on November 14 in the Sandy Hook case, Soto v. Bushmaster Firearms International, LLC, et al. The highly-anticipated and widely-covered oral argument represented the culmination of months of briefing on an appeal by the plaintiffs of Connecticut Judge Barbara Bellis’ decision granting a motion by the defendants to stri...

Several bills have been introduced that, if passed, would substantially alter the regulation of suppressors. In particular, House Bill H.R. 367 and Senate Bill S. 59 (referred to as the Hearing Protection Act of 2017), which were introduced in January, would remove suppressors from regulation under the National Firearms Act (“NFA”). Here is what you need to know about H.R. 367 and S. 59: If...