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 matter, wherein he questioned the validity of the Illinois la...
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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 attorneys and staff to step outside of the office and the courtroom...
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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 come into contact with a large amount of co...
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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 (including the Presid...
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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 considered to be engaged in the business as a firearms dealer. The pena...
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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. The case arises from a customer’s suicide at the Noble...
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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 relationships with the NRA in an e...
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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 and classify them as “firearms” for ...
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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 a background check for ammuniti...
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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 who is considered to be engaged in business as a firearms dealer and is required to have ...
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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 Final Rule – Revision of...
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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 to carry a concealed firearm on school grounds. The teacher ...
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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 collected from customers – whether th...
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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 became effective June 25, 2022. Th...
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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 strip or similar device”...
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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 immunity law, the Protection of Lawful Commerce in Arms Act (“PLCAA”). Howeve...
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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 years, attempted to usurp the authority of state ...
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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 ...
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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 law. More broadly, the question is how far ATF can go whe...
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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 were sold over the course of the preceding year. Although the Demand 2 List is generally not avail...
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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, would institute a series of new restrictions o...
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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 ammunition, is unconstitutional pursuant to the Supreme Court’s decis...
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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 Safety responded with a “delay” response. Several days after...
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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 challenging SB2’s constitutionality continues to make its way through the courts. This is...
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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. Recen...
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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. New ...
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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 possession of gas-operated, semi-automati...
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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. Code, Pub. Safety §§ 5-117, 118–130. However, for hand...
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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, as well as ATF regulations concerning stabilizin...
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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, a strong brand and robust, well-protected trade...
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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 of firearms and the potential criminal c...
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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 ...
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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 reported, last year California enacted Assembly Bill ...
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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 change various definition...
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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 Background Check System (“NICS”). NY Exec. Law §...
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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 presented to Justice Alito and by him referred to the Court is grant...
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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” advertiseme...
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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, the court held that t...
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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 he was sold insufficient hearing protection. Section 1...
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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 a “firearm” and the change in the def...
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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 subsequently codified at 27 C.F.R. pts. 447, 478, ...
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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 John Larson and co-sponsored by 18 other De...
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RENZULLI LAW FIRM OBTAINS SUMMARY JUDGMENT IN NEGLIGENT DISCHARGE CASE

June 28, 2023 - Renzulli Law Firm recently secured a complete dismissal of a product liability case on behalf of a firearm manufacturer.  Plaintiff was aware there was an unsecured, loaded semi-automatic pistol in a vehicle while he, another adult, and several juveniles were returning home after an organization sponsored activity.  When the adult owner of the pistol left the vehicle, plaintiff to...
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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 expands Connecticut’s ban on...
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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 firearm to a customer and violated federal law by completing the...
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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 it stood, would have severely limited the rights of tra...
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RENZULLI LAW FIRM HOSTS SECOND ANNUAL SPRING OUTING

JUNE 8, 2023 - RLF employees, friends and families enjoyed burgers, beer, music, wine, spirits, food trucks and the best grilling this side of the Hudson River at The Burger & Beer Blast - Westchester’s ultimate block party! We joined more than 2,000 participants who were undeterred by the cloudy skies, a result of the Canadian wildfires. Top local chefs presented their unique take on the al...
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Tennessee Enhances Legal Protection for the Firearms Industry

While some states have pushed legislation designed to evade federal law to hold firearms manufacturers and sellers liable for rising violent crime perpetrated by third parties, Tennessee has taken steps to bolster protection for the firearms industry against such lawsuits. Governor Bill Lee recently signed TN Senate Bill 0822 into law which is similar to the Protection of Lawful Commerc...
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Congressional Democrats Explore New Way to Implement Gun Control

May 12, 2023 - Last week, Democratic Senators Cory Booker and Elizabeth Warren joined Democratic representative Robin Kelly and introduced the “Firearm Safety Act of 2023.”  The Bill is deceptively short, with a mere eleven lines of text, but could have far reaching consequences for the firearms industry. If enacted, this Bill would remove the firearms exemption from the laws ...
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Illinois District Court Grants Preliminary Injunction Prohibiting Enforcement of the Illinois Assault Weapons Ban

April 29, 2023 - A federal judge in the US District Court for the Southern District of Illinois issued an Order granting plaintiffs’ consolidated motions for preliminary injunction prohibiting statewide enforcement of the Illinois assault weapons ban, the Protect Illinois Communities Act (“PICA”), until there can be a final determination of the merits as to the law’s constitutionality. The Order ...
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Washington Bans Sale of “Assault Weapons,” while Similar Bill in Colorado Fails

April 28, 2023 - This week, Washington became the tenth state to pass legislation broadly restricting the sale, manufacture, and transfer of “assault weapons.” Washington now joins California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, and New York, as well as the District of Columbia, as jurisdictions with “assault weapons” bans. This follows Washington’s recen...
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WASHINGTON STATE LEGISLATURE PASSES BILL IN AN EFFORT TO EXPOSE THE FIREARMS INDUSTRY TO UNPRECEDENTED LIABILITY

On April 14, 2023, the State of Washington’s legislature passed Substitute Senate Bill 5078 (“SB 5078”). This bill is expected to be signed into law by Governor Jay Inslee. The new law is designed to avoid the application of a federal law, which prohibits lawsuits against firearms industry members when their legally sold products are used by criminals to injure or kill others. Washingto...
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RLF’S STRATEGIC PRE-ANSWER MOTION TO DISMISS COMPELS PLAINTIFF TO DROP LAWSUIT AGAINST FIREARM MANUFACTURER

April 13, 2023 - Renzulli Law Firm successfully convinced a plaintiff to dismiss her product liability case alleging various design and manufacturing defects against a U.S. based firearm manufacturer. Following several procedural and substantive missteps by the plaintiff, RLF responded to the lawsuit by filing a comprehensive motion to dismiss which laid out the fatal errors in the case. In parti...
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RENZULLI LAW FIRM PREVAILS IN PRODUCTS LIABILITY CASE ALLEGING DROP-FIRE DISCHARGE

April 3, 2023 - Renzulli Law Firm secured a complete dismissal of a product liability case on behalf of a U.S. based firearm manufacturer 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.  RLF proved that the design of the pistol met all industry sta...
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Texas Federal Judge Rejects Preliminary Injunction Against ATF Pistol Brace Rule 

On March 30, United States District Judge Reed O’Connor denied plaintiffs’ request for a preliminary injunction preventing the ATF from enforcing its recent rule effectively banning pistol braces.  The case, William T. Mock, et al. v. Merrick Garland et al., is pending in the Northern District of Texas and was brought by the Firearms Policy Coalition and Maxim Defense in the wave of legal challen...
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Federal District Court Rejects California’s “Unsafe Handgun Act” as Unconstitutional 

March 20, 2023 - The U.S. District Court for the Central District of California has issued an order enjoining the State of California from enforcing its so-called “Unsafe Handgun Act” on the ground that it violates the Second Amendment under New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111, 2126 (2022). The Unsafe Handgun Act, codified at Cal. Penal Code §§ 31910, 320...
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Michigan Legislature Moves Closer to Passing New Firearm Restrictions and Removing State Immunity Protection

March 15, 2023 - In Michigan, the Democrat-controlled Legislature is set to pass a series of firearm related bills aimed at imposing additional restrictions on law-abiding firearm owners. Multiple Bills were recently introduced to the Senate, and a vote is imminent. If passed, these Bills would impose sweeping changes to firearm laws in Michigan, including expanding background check requirements,...
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Eleventh Circuit Court Upholds Florida Law Prohibiting Firearm Purchases by Persons Under 21

March 9, 2023 - Today a three judge panel of the U.S. Court of Appels for the Eleventh Circuit issued a decision that Florida’s Marjory Stoneman Douglas High School Public Safety Act (the “Act”) is constitutional. The Act precludes those under 21 from buying firearms while allowing that age group to freely possess and use firearms of any legal type. See 2018 Fla. Laws 10, 18–19 (codified at Fla. ...
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Illinois Federal Court Holds that “Assault Weapons” and “Large Capacity” Magazines are Not Protected by the Second Amendment

March 6, 2023 - A federal judge in Illinois recently issued a decision in the case of Bevis v. City of Naperville, Illinois holding that the Second Amendment does not apply to “assault weapons” and “large capacity” magazines because they are dangerous weapons that have historically been subject to bans. The City of Naperville, Illinois recently issued a ban on “assault we...
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ATF’s New Stabilizing Brace Rule Challenged by 26 States and the Firearms Industry

February 10, 2023 - Two significant lawsuits were filed yesterday seeking to block enforcement of the ATF’s recently enacted Final Rule on Factoring Criteria for Firearms With Attached “Stabilizing Braces” (“Final Rule”). As we have reported, under the Final Rule, almost all pistols with a barrel length of less than sixteen inches that are equipped with a stabilizing brace are considered a short-...
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The Impact of Bruen on Recent Second Amendment Decisions

In September 2022, we reported about the domino effect of the Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, as federal courts began issuing opinions applying this historic precedent. The Supreme Court in Bruen held that the “Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside...
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ATF Publishes Final Rule on Stabilizing Braces

January 31, 2023 - ATF published the final stabilizing brace rule in the federal register. As we reported earlier this month, under this rule, any pistol with a barrel length of less than sixteen inches that is equipped with a stabilizing brace is considered a short-barreled rifle (SBR) and subject to the heightened ownership and transfer restrictions in the National Firearms Act, including regis...
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Lawsuits Filed Challenging Illinois HB 5471 Result in Temporary Restraining Order

On January 10, 2023, Illinois enacted HB 5471, the Protect Illinois Communities Act, which was effective immediately.  HB 5471 contains three primary provisions: (1) a ban on "assault weapons"; (2) a ban on .50 BMG rifles and ammunition; and (3) a ban on "large capacity" magazines. HB 5471 was initially introduced on January 31, 2022, solely as a bill to amend Illinois’ Insurance Code, without an...
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ATF Issues Final Rule Regarding Stabilizing Braces for Pistols

January 13, 2023 - Just in time for SHOT Show, U.S. Attorney General Merrick Garland signed Final Rule 2021R-08F to reclassify pistols with stabilizing braces as short-barreled rifles.Under this rule, any pistol with a barrel length of less than sixteen inches that is equipped with a stabilizing brace that allows it to be fired from the shoulder is now considered to be a short-barreled rifle and ...
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ATF Issues Open Letter Concerning Impact of Rule 2021-05F on Partially Complete Pistol Frames 

December 29, 2022 - The ATF’s definition of “firearm” was drastically changed with the enactment of Final Rule 2021-05F in August of 2022. In particular, this Rule added a new definition for a “[p]artially complete, disassembled, or nonfunctional frame or receiver,” which includes, among other things, “a frame or receiver parts kit, that is designed to or may readily be completed, assembled, rest...
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Buffalo and Rochester, New York File Lawsuits Against the Firearm Industry 

On December 20, 2022, the City of Buffalo, New York filed a complaint against numerous manufacturers, distributors, and retailers of firearms, as well as various manufacturers and sellers of 80% receivers, or so-called “ghost guns.”  On December 21, 2022, the City of Rochester filed an almost identical complaint against the same defendants.  Both complaints raise four causes of action: (1) violat...
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Supreme Court Decision Could Create New Ammunition for Firearm Brands to Fight Infringement 

December 19, 2022 - There are countless examples of apparel, accessories, and other merchandise that unlawfully use the trademarks, logos, and brands of firearms manufacturers popular within the industry.  Trademarks are powerful tools for consumer and brand protection, but trademark rights do not trump the First Amendment.  When an individual uses another’s trademark in an artistic or expressive...
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ATF RELEASES NEW VERSION OF THE FORM 4473 

December 7, 2022 - The ATF released a new version of the Form 4473 today.  According to the ATF, this revised version was necessitated by new statutory requirements implemented though the NICS Denial Notification Act and the Bipartisan Safer Community Act, and to reflect the implementation of Final Rule 2021R-05F (new definitions of “firearm frame or receiver” with new markings requirements – whi...
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Federal Judge to Hear Challenge to California Statute Shifting Attorney’s Fees in Firearms Cases

December 2, 2022 - California recently enacted a statute intended to prevent lawsuits challenging state and local statutes restricting firearms through an onerous attorney’s fees provision. Thus, not only does California continue to enact unconstitutional laws restricting its citizens from exercising their Second Amendment constitutional rights, but it is now trying to punish those that challenge...
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The Firearms Industry Has Much to be Thankful for this Year

November 23, 2022 - Happy Thanksgiving to all our friends and family! As Thanksgiving Day approaches, we look forward to seeing family and enjoying a 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. The firearm industry in particular has a lot to be thankful for this year since the issuance of the Supreme Court’s d...
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New Gun Control Laws in Maryland and Oregon

November 17, 2022 - In the wake of Election Day 2022, at least two new restrictions on the Second Amendment are poised to be enacted.  Oregon voters passed a ballot measure that would restrict firearm ownership and ban “large capacity” magazines, and Montgomery County, Maryland passed a new version of an invalidated state law. Oregon  Oregon voters have narrowly approved Measure 114, w...
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Federal Court Enjoins New York from Enforcing Significant Provisions of the Concealed Carry Improvement Act

November 7, 2022 - As Renzulli Law Firm previously reported, on July 1, 2022, New York State introduced the so-called Concealed Carry Improvement Act (“CCIA”). In response, Ivan Antonyuk, along with five other New York State residents, all of whom are members of Gun Owners of America, filed a lawsuit against Bruen and several other state actors (Antonyuk v. Hochul). The plaintiffs then filed an e...
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Election 2022: Firearm Laws on the Ballot

November 2, 2022 - The 2022 midterm elections are next Tuesday, November 8, 2022, and early voting has commenced in many states. Although politicians have dominated the news cycle, it is important to remember that other laws and initiatives are also on the ballot. In two states – Iowa and Oregon – citizens will vote on proposed firearm laws that illustrate the deep divide on firearm policy in the...
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Mexico Files Second Lawsuit Against the U.S. Firearms Industry

October 28, 2022 - Following the  complete dismissal of Mexico’s lawsuit against firearms manufacturers and a distributor by the U.S. District Court for the District of Massachusetts, the Mexican government has turned its attention to firearms retailers closer to the U.S.-Mexico border. On October 10, 2022, Mexico filed a lawsuit in the U.S. District Court for the District of Arizona against five...
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ALL RISE. HERE COMES THE JUDGE. Court Is In Session and so is Yankees Playoff Baseball.

October 20, 2022 - While the New York Yankees are in the middle of postseason baseball, a panel of judges at the Trademark Trial and Appeal Board (TTAB) is in the middle of a trademark application opposition case involving Yankees’ star outfielder, Aaron Judge.  Judge, who most recently broke the American League record for the most homeruns in a single season, is well-known by some of his catchph...
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Federal Court Holds Provisions of New York’s Concealed Carry Improvement Act Unconstitutional

October 13, 2022 - As Renzulli Law Firm previously reported, in response to the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, New York State introduced the so-called Concealed Carry Improvement Act (“CCIA”) on July 1, 2022. The CCIA added new and onerous requirements to obtain a license to carry a handgun in New York. It also prohibited licensed persons...
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MEXICO’S LAWSUIT AGAINST THE FIREARM INDUSTRY DISMISSED

On Friday, September 30, 2022, Chief Judge F. Dennis Saylor of the U.S. District Court for the District of Massachusetts issued a decisiondismissing Mexico’s lawsuit against the firearms industry in its entirety. Mexico had filed a complaint against seven firearms manufacturers and one firearms distributor on August 4, 2021, claiming that they supply a large majority of the illegal fire...
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Recent Second Amendment Cases from Federal Courts Applying Bruen

September 28, 2022 - The domino effect of the Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen has commenced, as more and more federal courts issue opinions applying this historic precedent. While it remains unclear which federal and state laws will be found unconstitutional under Bruen, it does appear that the lower courts are finally enforcing the Second Amendm...
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Federal Judge Issues Injunction Limiting ATF’s “Ghost Gun” Rule

September 22, 2022 - In April, 2022, the ATF published Final Rule 2021R-05F that, among other things, revised the definitions of “Frame” and “Receiver” to include some unfinished firearm frames in an attempt to curb the spread of so-called “Ghost Guns.”  You can read more about the Final Rule here.The Final Rule went into effect in early August and it had an immediate effect.  Many law-abiding bu...
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Democrats and Their Anti-Gun Lobby Partners Convince Credit Card Companies to Track Firearm Sales

On September 1, 2022, Elizabeth Warren, and several other Democratic Senators and Representatives, sent a letter to the CEOs of Mastercard, American Express, and Visa requesting that the financial institutions adopt a “merchant category code” for firearm and ammunition retailers. On September 9, 2022, it was then announced that the International Organization for Standardization (“ISO”), a Geneva-...
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Federal Court Dismisses Lawsuit Challenging New York’s Concealed Carry Improvement Act

September 8, 2022 - In response to the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, New York State introduced the so-called Concealed Carry Improvement Act (“CCIA”) on July 1, 2022.  Among other things, the CCIA prohibits persons from carrying a firearm in an extensive list of “sensitive locations,” including government buildings, churches, libraries, ...
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D.C. CIRCUIT UPHOLDS ATF’S RULE CLASSIFYING BUMP STOCKS AS MACHINE GUNS

August 9, 2022 - A three judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a decision unanimously affirming the trial court’s decision that the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) properly classified bump stocks as machine guns.   Although the ATF had previously concluded that bump stocks are not machine guns, after a 2017 shooting at...
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Colorado Federal Court Enters TRO Barring Enforcement of a Town “Assault Weapons” Ban Based on the Second Amendment

August 9, 2022 - The Town of Superior, Colorado enacted Ordinance No. O-9-2022 on June 7, 2022, which established comprehensive regulations regarding the possession and use of weapons within the town.  Among other things, the Ordinance banned the possession, sale, and transfer of “assault weapons,” which it defines based on a features test, within the town effective July 1, 2022.  Persons who law...
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California Joins Rush of Recent Gun Control Legislation

August 1, 2022 - Several states have recently enacted additional gun control laws as the focus on gun control moves out of Washington, DC and into statehouses around the country.  In the wake of new gun control measures passed in New York, New Jersey, and Delaware (read more about these laws here), California has finalized its version of a law that will allow private citizens to seek “bounties” f...
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MAYORS ACROSS THE UNITED STATES MEET TO PLAN CONCERTED ATTACK ON THE FIREARM INDUSTRY

July 20, 2022 - Mayors Against Illegal Guns (“MAIG”), a coalition of Democratic mayors affiliated with the gun control group Everytown for Gun Safety and its gun control proponent founder billionaire Michael Bloomberg, attended a summit in New York City to plan a simultaneous attack against firearm manufacturers and distributors. Mayors of multiple Democratic controlled cities attended the meetin...
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CALIFORNIA’S ADVERTISING BAN FACES LEGAL CHALLENGE

On June 30, 2022, California Governor Gavin Newsom signed Assembly Bill 2571 into law. AB 2571 makes it unlawful for any “firearm industry member” to “advertise, market, or arrange for placement of an advertising or marketing communication concerning any firearm-related product in a manner that is designed, intended or reasonably appears to be attractive to minors.” AB 2571 also prohibits a “fire...
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New York, New Jersey, and Delaware Enact Additional Gun Control Laws

July 7, 2022 - In response to the Supreme Court’s landmark decision striking down New York’s discriminatory and unconstitutional concealed carry handgun permitting process, Democratic leaders of the state rushed through several bills last week that will ultimately make it even more difficult and restrictive to legally carry a concealed handgun for self-defense in New York. When the new laws go in...
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PRESIDENT BIDEN SIGNS NEW GUN CONTROL LAWS

June 25, 2022 - President Biden signed into law S. 2938, the Bipartisan Safer Communities Act (the “Act”), which includes a comprehensive package of new gun control laws. The following is an overview of what was ultimately included in the Act and how it will affect the firearms industry.Federal Funding for Red Flag Laws - Nineteen states and the District of Columbia have previously...
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SUPREME COURT DECLARES THAT NEW YORK’S HANDGUN LICENSING LAW VIOLATES THE SECOND AMENDMENT

June 23, 2022 - Today, in a 6-3 decision, the U.S. Supreme Court held that New York State’s law requiring a license to carry a handgun in public for purposes of self-defense based on a “proper cause” standard violates the right to keep and bear arms.  In New York State Rifle & Pistol Association, Inc. v. Bruen, the majority held that the “Second and Fourteenth Amendments protec...
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California Assembly Passes Bill to Circumvent the PLCAA

June 10, 2022 - Following New York’s attack against the firearms industry, the California State Assembly recently passed the Firearm Industry Responsibility Act, AB1594. AB1594 is an attempt to negate the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). California Assembly Bill 1594 is modeled after a similar New York law that was recently enacted.  Like the New York ...
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New York State Continues Its Assault on the Firearms Industry and Second Amendment by Passing Additional Gun Control Laws

June 3, 2022 - New York State has continued its attacks against law abiding firearm owners by rushing to pass gun control legislation in response to the shootings in Buffalo, New York and Uvalde Texas.  Like with the SAFE Act that was rushed through in 2013, New York’s Democratic Governor and the Democratic leaders of the State Assembly and Senate announced and passed numerous gun control laws wi...
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FIREARMS INDUSTRY TO APPEAL FEDERAL COURT’S DISMISSAL OF CHALLENGE TO THE CONSTITUTIONALITY OF THE NEW YORK NUISANCE STATUTE

June 2, 2022 - The attack on the firearms industry in New York continues with the issuance of a decision dismissing the industry’s lawsuit challenging New York’s recent public nuisance statute, enacted with the express purpose of attempting to bypass the Protection of Lawful Commerce in Arms Act (“PLCAA”).  On July 6, 2021, New York enacted General Business Law §§ 989-a-e, to create a new statute...
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Ninth Circuit Strikes Down California’s Age-Based Restrictions on Sales of Semi-Automatic Rifles

May 19, 2022 - In a 2-1 decision issued last week, the U.S. Court of Appeals for the Ninth Circuit reversed a decision by the U.S. District Court for the Southern District of California that had upheld a California statute banning the sale of center-fire, semi-automatic rifles to residents less than 21 years old.  This statute went into effect in 2021 and built upon prior gun contr...
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What Does the Trademark Modernization Act Mean for Your Business?

May 13, 2022 - In 2020, President Trump signed the Trademark Modernization Act (TMA) into law.  After initial regulations were released and commented on by the public, final regulations were published and several key provisions of the law went into effect in December, 2021.  You can read more about the history of the TMA’s adoption and implementation here and here. The TMA is the most substantial...
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Washington State Supreme Court Holds City Ordinance Regulating Storage of Firearms is Preempted by State Law

May 6, 2022 - In a unanimous decision, the Supreme Court of the State of Washington recently held that a city ordinance enacted by the City of Edmonds regulating the storage of firearms is preempted by state law. The ordinance was passed by the City Council in July 2018, and attempted to require firearm owners to keep their firearms “secured by a locking device” and inaccessible to persons “other...
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“Pistol Brace Protection Act” Proposed to Prevent Pistols with Stabilizing Braces Being Classified as NFA Firearms

April 29, 2022 - Representative James Kanford (R. Okla.), recently introduced S.4069, the Pistol Brace Protection Act (“PBPA”).  If enacted, the PBPA would amend the National Firearms Act (“NFA”) to provide that pistols with stabilizing braces are not considered to be short-barreled rifles (“SBRs”).  Over the years, the ATF has issued numerous classification letters confirming that pistols with s...
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ATF Reversing Prior Determinations against Dealers and Seeking Revocation Instead

April 19, 2022 - Renzulli Law Firm is aware of several recent circumstances in which the ATF is instituting revocation proceedings against federal firearms licensees (FFLs) where the cases had been previously closed after a warning conference.  It appears the ATF is not only taking a “zero tolerance” approach to current situations and audits, but also reviewing prior “closed” cases to determine i...
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ATF PUBLISHES FINAL RULE MAKING SIGNIFICANT CHANGES TO FEDERAL FIREARMS REGULATIONS

On April 10, 2022, Attorney General Garland signed a Final Rule titled “Definition of ‘Frame or Receiver’ and Identification of Firearms” (“Final Rule”).  This 364 page document makes extensive revisions to the Code of Federal Regulations governing commerce in Firearms, including the regulations adopted pursuant to the Gun Control Act (“GCA”), the National Firearms Act, and the Arms Export Contro...
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Anti-Gun Groups Demand Federal Trade Commission Investigate Firearms Industry

April 12, 2022 - Last week Brady United, Giffords Law Center, March for Our Lives, and the Firearms Accountability Task Force filed a petition with the U.S. Federal Trade Commission ("FTC") requesting an investigation into the firearms industry’s advertising practices. The petitioners allege that firearm industry members engage in false and misleading advertising by suggesting that firearms are a...
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Vermont Enacts Statute Extending the Delay Period to Complete Background Checks 

April 8, 2022 - Vermont Governor Phil Scott recently signed Senate Bill 4 ("S.4"), which extends the required waiting period before a federal firearms licensee (“FFL”) can transfer a firearm to someone without an FFL when the results of the National Instant Criminal Background Check System (“NICS”) is still listed as delayed.  Federal law allows an FFL to transfer a firearm after three full busin...
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