Category: Firearms Legislation Updates

Hearing Protection Act of 2017: The Deregulation of “Suppressors”

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...

Renzulli Law Firm, LLP represented Glock, Inc. in a case brought against one of its former distributors and its president and sole shareholder in federal court in Georgia. The case primarily involved claims that the defendants had violated the Georgia Civil RICO Act by purchasing discounted Glock pistols that were restricted to resale to the law enforcement market, and then reselling them to the c...

The California Office of Administrative Law recently approved proposed regulations submitted by the California Department of Justice that expand the definition and registration requirements for "assault weapons" under California law. In 2016, the California Legislature altered the definition of “assault weapon” for pistols and rifles to eliminate the “bullet button” exception to California’s “assa...

The State of New Jersey filed a lawsuit against Sig Sauer, Inc. (“Sig”) in New Jersey Superior Court in Mercer County on April 27, 2017. The complaint, a copy of which can be read here, alleges that the New Jersey State Police (“NJSP”) selected the Sig P229 as its duty weapon in 2014. The complaint alleges that when first used during a firearms qualification session in September 2014, the P229 ha...

The United States Supreme Court recently clarified how the patent venue statute applies when a patent infringement lawsuit is brought against a domestic (U.S.) corporation. The case, TC Heartland, LLC v. Kraft Foods Group Brands, LLC, No. 16-341 (decided May 22, 2017), involved a patent infringement lawsuit brought by Kraft Foods Group Brands, LLC (“Kraft”), a Delaware corporation, against a comp...

On April 24 2017, the Indiana Supreme Court issued a unanimous decision in favor of Renzulli Law Firm, LLP’s clients KS&E Sports and Edward J. Ellis in a case that had been brought against them by Dwayne H. Runnels. KS&E Sports had sold a handgun to Tarus Blackburn, who was alleged to have straw purchased it on behalf of a convicted felon, Demetrious Martin. Two months after Blackburn so...

Renzulli Law Firm led two lively and informative seminars this year at SHOT Show 2017, one called “Ask a Firearms Attorney” and one on “Intellectual Property”. During our “Ask a Firearms Attorney” seminar we highlighted a range of hot topics facing the Industry, including political issues, legislative trends, prominent Industry litigation and the Protection of Lawful Commerce in Arms Act (PLCAA)....

Renzulli Law Firm, LLP, on behalf of a Pennsylvania indoor shooting range, recently prevailed on a motion to compel the production of information that a personal injury plaintiff posted privately on Facebook. Plaintiff’s lawsuit alleges that he suffered hearing loss from gunshot noise he was exposed to while discharging firearms in defendant’s shooting range. We successfully argued that informatio...

Seventh Circuit Invalidates Chicago Regulation Effectively Prohibiting Firing Ranges

The United States Court of Appeals for the Seventh Circuit in Ezell v. City of Chicago, Nos. 14-3312 & 14-3322, recently invalidated three Chicago regulations that drastically limited where firing ranges could be located within city limits and who could enter those ranges. The location-related regulations limited the operation of firing ranges to manufacturing districts in Chicago and prohibit...

Suicide Prevention Resources for Shooting Ranges and Retailers

The National Shooting Sports Foundation (“NSSF”) and American Foundation for Suicide Prevention (“AFSP”) recently announced at the SHOT Show in Las Vegas a partnership to educate the public and industry members about suicide prevention as it relates to firearms. The partnership aims to educate firearm owners about suicide, its warning signs, risk factors and the importance of securely storing fire...

ATF Adopts Noteworthy Changes To Form 4473

The ATF has adopted a new Form 4473 that all FFLs must use beginning on January 16, 2017. Several of the changes on the new Form 4473 clarify current laws that already apply to firearm sales made before the revised forms must be used. Two of those changes are of particular relevance. First, the new Form 4473 clarifies the instruction for question 11(a) regarding when the person is completing th...

The Court of Appeals of the State of California, Fifth Appellate District, in National Shooting Sports Foundation, Inc. v. California, Case No. F072310 (Cal. Ct. App.), recently reversed a lower court’s ruling dismissing the NSSF’s petition to enjoin enforcement of California’s requirement that manufacturers “microstamp” all new semiautomatic pistols sold in the state. “Microstamping” generally re...

This week, the United States Court of Appeals for the District of Columbia Circuit heard oral arguments in two closely-watched cases challenging Washington D.C.’s strict concealed carry laws, Wrenn et al. v. District of Columbia et al., and Grace et al. v. District of Columbia et al. Both cases involve challenges to the District of Columbia's “may-issue” concealed carry law found at D.C. Code § 22...

As the 15th Annual Firearms Import/Export Conference confirmed, the U.S. Department of Justice (DOJ) remains dedicated to Foreign Corrupt Practices Act (FCPA) enforcement. The FCPA is complex and nuanced but, in a nutshell, prohibits bribes to foreign officials. In April, DOJ announced that it was in the process of dedicating significantly greater resources to the FCPA by adding 10 new prosecutor...

Renzulli Law Firm, LLP regularly represents federal firearms licensees who receive a report of violations from the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) based on a compliance inspection. We recently represented federally licensed firearms dealers in the ATF’s Dallas and Houston Field Divisions with regard to reports of violations they had received at the conclusion of compli...

There is a new and potentially powerful tool available to protect trade secrets – ex parte seizures. The Defend Trade Secrets Act (DTSA), enacted May 11, 2016, implements a federal civil cause of action for trade secret misappropriation. Among its remedies, the DTSA permits injunctive relief, the recovery of damages for misappropriation, attorney’s fees for willful conduct and ex parte seizures u...

In recent months, we have seen an upward trend in claims being made by individuals alleging hearing loss as a result of firearm noise. Litigants have asserted such claims against firearms manufacturers, distributors, and retailers, as well as shooting ranges and the manufacturers of ammunition, suppressors, hearing protection, and other firearms accessories. Our Firm has extensive experience in l...

The laws governing the import and export of firearms are complex and regularly changing. Numerous federal agencies, including the Department of State, the Department of Justice, the Department of Homeland Security, and the Department of Commerce have jurisdiction regarding the import and export of firearms. Renzulli Law Firm, LLP regularly counsels its firearms industry clients regarding the requ...

On March 21, 2016 the United States Supreme Court issued a per curiam (“by the Court”) opinion, without full written or oral arguments, in Caetano v. Massachusetts vacating a decision by the Supreme Court of Massachusetts that upheld the conviction of Jaime Caetano for possession of a stun gun. Ms. Caetano had possessed the stun gun in order protect herself from an abusive boyfriend. The Massachus...

It was another successful SHOT Show for the firearms industry this year. The NSSF reports that it was the second highest attendance total ever – more than 64,000 industry professionals attended the Show. The industry sent a message to its detractors through its robust attendance that it is alive and well and flourishing and will not back down to them during this crucial election year. Renzulli ...

Supreme Court Denies Review of Assault Weapons Ban On Monday, December 7, 2015, the United States Supreme Court denied review of the United States Court of Appeals for the Seventh Circuits ruling in Friedman v. City of Highland Park. The case arose out of the City of Highland Parks ordinance prohibiting possession of assault weapons and large-capacity magazines, defined as a magazin...

Seattle City Council Adopts New Firearm Tax; Court Upholds FL Law Protecting Firearm Owners’ Privacy

Seattle City Council Adopts New Firearm Tax On August 10, 2015 the Seattle City Council adopted two ordinances affecting firearm purchasers and owners. First, the Council unanimously approved a $25 tax on all firearms sold in the city in what it claims to be an effort to combat violent crime. The proposal also includes a 5 cent tax on each round of ammunition sold. For .22 ammunition, the tax is...

Texas Governor Signs Open Carry Bill; New “Smart Gun” Bill Introduced

Texas Governor Signs Open Carry Bill; New “Smart Gun” Bill Introduced Texas Governor Signs Open Carry Bill June 15, 2015; Texas Governor Greg Abbot has signed HB 910 (The Texas Open Carry Bill for Concealed Handgun Holders) and SB 11 (the Campus Carry Bill) into law. HB 910 – which will go into effect on January 1, 2016 – allows for license holders to openly carr...

Equity Firm Offers Cash-Out for Remington Shares; Supreme Court Rules on Felon Firearm Transfers

Firm Offers Cash Out to Investors who Own Shares in Remington Outdoor May 19, 2015; Private equity firm Cerberus Capital issued a letter to its investors on Friday, advising them that they are permitted to sell their stakes in Remington Outdoor (formerly known as Freedom Group). Investors now have thirty days to make a decision as to whether they want to sell their shares in the country&rsquo...

NY Senate Majority Leader Willing to Revise SAFE Act; NJ Legislators Rethinking “Smart-Gun” Mandate

NY Senate Majority Leader Willing to Revise SAFE Act May 15, 2015; NY Senate Majority Leader John Flanagan (R-Long Island) recently stated that he is willing to work with his colleagues in an effort to amend two major parts of the NY SAFE Act – the first being restrictions on passing firearms to family members through a will, and second the ban on loading more than seven rounds into a m...

New York Court Orders Release of Firearm Registration Data; 3-D Firearm Designer Sues State Dept

New York Court Orders Release of Firearm Registration Data Judge Thomas J. McNamara (NY Supreme – Albany County) has ruled that the New York State Police must release data regarding the registration of firearms that may qualify as “assault weapons” under the provisions of the NY SAFE Act. The case, Robinson v. Cuomo et al., was filed in 2014 by pro-firearm group Shooters Com...

FL Tightens Backyard Rules; Sweeping Reform in NC; NRA Suit to Continue

Florida Considers Tightening of Backyard Range Rules The Florida House has passed a bill that would make it a misdemeanor to discharge a firearm for recreational purposes in a residential area with a density of one or more housing units per acre. If passed by the Senate (and signed into law), the bill (couched as an amendment to House Bill 995 and Senate Bill 1444) would change the current law,...

Bill to Eliminate Race Disclosure on 4473s; Video Ad Criticizes Kroger’s Open-Carry Policy

April 16, 2015: Bill Proposes Elimination of Mandatory Race Disclosure for Firearm Sales The Freedom From Intrusive Regulatory Enforcement of Arbitration Registration Mandates (FIREARM) Act was reintroduced this week by Republican Representatives. If passed, the FIREARM Act would eliminate the requirement that firearm dealers submit information about the race of their customers on 4473s. The A...

Dem Proposes Tax Credit for Handing Over “Assault Weapons”; 3-D Printed Weapons Ban?

March 9, 2015: Democrat Proposes Tax Credit for Handing Over “Assault Weapons” Representative Rosa DeLauro (D-Conn.) introduced the “Support Assault Firearm Elimination and Reduction for our Streets Act” (also known as the SAFER Streets Act) Monday. If passed, the bill would provide for a $2,000 refundable tax credit to “assault weapon” owners who turn in t...

Anti-Firearm Hoax; Marco Rubio’s Bill; BATFE Raids Home of Texas Judge

States United to Prevent Gun Violence Hoaxes “Customers” Anti-firearm lobbyist group States United to Prevent Gun Violence recently set up a fake firearm retail shop in New York City for purposes of invoking scare tactics upon customers who sought to purchase firearms. When the customers would inquire about specific firearms, or when they would simply engage the “store clerk&rd...

Anti-Firearm Hoax; Mark Rubio’s Bill; BATFE Raids Home of Texas Judge

House Dems Propose Ammo Ban; Concealed Carry Laws Across the US; Colorado Ends Mag Capacity Ban

March 18, 2015: House Dems Propose Ammo Ban Approximately one week after the BATFE announced it “will not at this time seek to issue a final framework” with respect to its proposal to ban commonplace ‘green tip’ ammunition, House Democrats have introduced the Armor Piercing Bullets Act (HR1358). The bill – sponsored by Representative Eliot Engel (D-NY) – s...

ATF Withdraws Ammo-Ban Proposal; Sandy Hook Report Released; Ontario County Votes to Repeal SAFE Act

March 10, 2015: ATF Withdraws “Armor-Piercing” Ammo Proposal The ATF issued a Special Advisory today stating that it “will not at this time seek to issue a final framework” with respect to its proposal to ban commonplace “green tip” ammunition. The ATF received over 80,000 comments in response to the proposal (an all-time record) and will continue to ac...

RLF Convinces Court to Allow Range Construction; Proposed Ammo Ban Boosts Sales; New Laws in MI

March 2, 2015: RLF Convinces Mass. Court to Allow Construction to Begin on Gun Range A rod and gun club in Massachusetts that had been in operation for over eighty-five (85) years was ordered, amongst other things, to close down its fifty-yard firearm range due to claimed safety concerns of neighboring homeowners. After a trial and comprehensive post-trial briefing, including multiple competi...

NJ’s Antique Firearm Legislation; FL Campus Carry Bill; PA Federal Court Rules Against GCA Provision

February 23, 2015: NJ Assemblywoman to Introduce Antique Firearm Legislation New Jersey Assemblywoman Caroline Casagrande (R) intends to introduce legislation that would exempt antique firearms from NJ firearm laws. The legislation comes in response to the recent news that a 72-year-old NJ man is facing ten years in prison for possessing an unloaded, 300-year-old pistol. Federal law already exe...

Federal Courts Rule on Non-Resident Purchases, NY City Pistol Permit Law

Federal Court Overturns Prohibition Against Handgun Sales to Out-of-State Residents Federal Court Judge Reed O’Connor (Northern District of Texas) ruled yesterday that a provision within the Gun Control Act of 1968 prohibiting the sale of handguns to out-of-state residents was unconstitutional. In striking down the ban, Judge O’Connor reasoned that the ban was “not narrowly ...

Dems to Introduce Legislation on Magazine Capacity; Updates in Virginia Firearm Legislation

February 6, 2015: Dems Plan to Introduce Legislation on Magazine Capacity New Jersey Senator Bob Menendez (D), along with other high-ranking Democrats on Capitol Hill, announced this week a plan to introduce legislation which would renew a federal prohibition on magazines that hold more than ten rounds of ammunition. The bill (which has been labeled the “Large Capacity Ammunition Feedi...

NSSF Examines Choke Point; VT Firearm Group Opposes Legislation; WV “Permitless Carry” Bill

NSSF to Determine Extent Of Operation Choke Point’s Impact At last week’s SHOT Show, one topic in particular was brought up several times: Operation Choke Point. The operation is a government program that was originally created to prohibit fraudulent business transactions through financial payment processors like PayPal and Square. Several firearm industry members, however, are now r...

2015 SHOTSHOW; Sandy Hook Panel Proposes Ban; Kansas Concealed Carry Bill

January 23, 2015: 2015 SHOT SHOW Held in Las Vegas The 2015 SHOT SHOW was held this week at the Sands Expo Center in Las Vegas, Nevada. The firearm industry’s largest annual event was attended this year by more than 65,000 industry professionals from all 50 states. On Wednesday, Christopher Renzulli of Renzulli Law Firm co-lectured a symposium on NFA trusts. Another highlight of the even...

KY Safe Students Act; TX Leads the Way; Suit Against Newtown; MO’s Domestic Violence Bill

January 15, 2015: Kentucky Representative Introduces Bill Which Would Repeal “Gun-Free School Zones” Earlier this week, Kentucky Representative Thomas Massie (R) introduced HR 86, the Safe Students Act. If passed, the legislation would repeal the Gun-Free School Zones Act of 1990, a bill that “made it unlawful for any individual knowingly to possess a firearm in a place that h...

I-594 Challenged; Sixth Circuit Mental Health Decision; Navy Vet Sues NY State; MI New Legislation

January 5, 2015: Happy Holidays from Renzulli Law Firm Renzulli Law Firm would like to wish all of its friends a healthy and prosperous New Year! Washington’s I-594 to be Challenged in Court Earlier this week, a federal lawsuit challenging recently-enacted Initiative-594 was filed in the Western District of Washington. The plaintiffs in the suit are comprised of firearm advocacy gro...

WA Authorities to Avoid Strict Enforcement of I-594; TX Tax-Free Firearm Holiday

December 19, 2014: Some Washington Law Enforcement to Avoid Strict Enforcement of I-594 Recently passed Washington State Initiative 594, which significantly expanded the requirement to conduct background checks for firearm transfers, may not prove to be the victory its proponents had originally hoped for. Lewis County (population over 75,000) Prosecutor Jonathan Meyer and Sheriff-elect Rob Snaz...

2nd Circuit Hears Oral Arguments; Bushmaster to Face Claims from Sandy Hook; NY IDs Firearm Owners

December 11, 2014: Second Circuit Takes NY and Conn Safe Act Cases Under Advisement The U.S. Court of Appeals for the Second Circuit heard oral arguments yesterday on two cases challenging the constitutionality of restrictions on “assault weapons” and ammunition magazines in New York and Connecticut. The decisions of two cases were consolidated before the Second Circuit on appeal ...

Putnam County Firearm Owners Association Event; TX, SC Propose Restrictions on Federal Reach

December 5, 2014: Putnam County Firearm Owners Association Hosts NY Firearm Law Forum On Wednesday, Christopher Renzulli and Nicholas Whipple from Renzulli Law Firm, along with over one-hundred other firearm enthusiasts, attended the Putnam County Firearm Owners Association’s “NY Firearm Laws: What You Don’t Know Will Hurt You … What You Learn Can Protect You” fo...

Putnam County Firearm Owners Association Event; TX, SC Propose Restrictions on Federal Reach

NJ Says iP1 Not “Smart Gun”; Ohio Senate Mulls New Legislation; Park City, UT Repeals Laws

December 2, 2014: NJ Attorney General Finds Armatix Handgun Does Not Qualify as “Smart Gun” In 2002, then-NJ Governor Jim McGreevey (D) signed the Personalized Handgun Law (N.J.S. 2C:58-2.2 et seq.), legislation mandating that all handguns sold in New Jersey be “smart guns” within three years after the technology becomes available and is deemed sufficiently safe by t...

Increase in Ferguson Firearm Sales; Museum Exhibit Prohibited; Fl Mulls Expansive Background Checks

November 21, 2014: Firearm Sales Skyrocket in Ferguson Firearm retailers in and around Ferguson, Missouri are reporting a sharp increase in sales. Experts attribute the increase to the upcoming grand jury announcement in the Michael Brown case. Initial statistics suggest that as much as 75% of the purchases are by first-time firearm owners. Concealed carry permits have also skyrocketed in rece...

9th Circuit Disallows Anti-Firearm Intervention; PA Cities Sue Over New Legislation

November 17, 2014: 9th Circuit Rules Concealed Carry Laws May Not Be Challenged This week, the U.S. 9th Circuit Court of Appeals denied attempts by California Attorney General Kamala Harris, gun control groups and law enforcement associations to challenge a previous ruling which struck down restrictive regulations on concealed firearms. In what is being hailed as a victory for firearm advocate...

Midterm Elections a Win for Firearm Advocates; Oklahoma’s New Firearm Legislation

November 5, 2014: Firearm Advocates Win Big in Midterm Elections Yesterday’s midterm elections proved victorious – for the most part – with respect to firearm rights around the country. In the race for Governor of Illinois, Bruce Rauner (R) defeated Pat Quinn (D), who was eager to renew the Illinois State assault weapons ban. Maryland elected a new governor, Larry Hogan (R), w...

PA Senate Passes “Stand-in” Bill; Firearm Demonstrations in NY and MO

October 30, 2014 PA Senate Passes “Stand-in” Bill The Pennsylvania Senate has passed an amendment to House Bill 80 which would allow member firearm organizations to stand in for local citizens who have brought actions challenging city and county firearm ordinances that supersede state law. Pennsylvania Governor Tom Corbett (R) has hinted that he is planning to sign the bill into law...

DC Mayor Signs “Emergency Act”; No Concealed Carry at NC State Fair

October 14, 2014: DC Mayor Signs “Emergency Act” Washington DC Mayor Vincent Gray (D) signed the “License to Carry a Pistol Emergency Amendment Act of 2014” Friday in response to U.S. District Court Judge Frederick J. Scullin’s decision in the Palmer v. D.C. case, which struck down as unconstitutional a ban on carrying firearms outside of the home. The emergency ac...

NY Follows in CA’s Footsteps; Chicago Range Restrictions Shot Down

October 6, 2014: NY Follows in CA’s Footsteps, Introduces “Gun Restraining Order Bill” New York Assemblyman Brian Kavanagh (D) is in the process of introducing New York’s version of “Gun Violence Restraining Order” legislation. The proposal comes less than one week after California passed Assembly Bill 1014, which allows immediate family members or law enforc...

Widespread Changes in CA; Homemade Firearms Ban?; Female Firearm Ownership Up

October 3, 2014: Widespread Changes to Firearm Laws in California This week, California became the first state in the country to enact a firearm “restraining order” bill that extends to immediate family members. Assembly Bill 1014, which has been considered the legislature’s response to the lethal shooting in May near the UC Santa Barbara campus, allows immediate famil...

NJ to Revisit 2002 “Smart Gun” Bill?; Firearm Purchase Requests Decrease in Texas

September 25, 2014: 17 Year Old’s Science Fair Project May Lead to NJ Enforcing 2002 Smart Gun Bill In 2002, then-NJ Governor Jim McGreevey (D) signed the Personalized Handgun Law (N.J.S. 2C:58-2.2 et seq.), legislation mandating that all handguns sold in New Jersey be “smart guns” within three years after the technology becomes available and is deemed sufficiently safe by th...

Missouri Governor’s Veto Overturned; Washington to Vote on Background Check Expansion

September 17, 2014: Missouri General Assembly Overrides Governor’s Veto The Missouri General Assembly has voted 117-39 in favor of overriding Governor Nixon’s (D) veto of SB 656, a bill which allows specially trained school employees to carry concealed firearms on campuses. SB 656, sponsored by state Senator Will Kraus (R) and state Representative Kevin Elmer (R), also permits ...

Alabama Firearm Ownership a Fundamental Right?; Cleveland Mayor’s “Gun Registry”; CA Assembly Votes

September 3, 2014: Alabama Residents to Vote on Making Firearm Ownership a Fundamental Right In November, residents of Alabama will vote on The Alabama Firearms Protection Amendment (HB 8), a proposed amendment to Section 26 of the Alabama State Constitution sponsored by Representative Mike Jones (R). HB8 would amend Section 26 to make owning firearms a fundamental right, subject any restricti...

NY City Proposes Gun Offender Registry Bill; California 10 Day Waiting Period Ruled Unconstitutional

August 27, 2014: NY City Council Introduces "Gun Offender Registry Bill" The New York City Council Committee on Public Safety on Thursday introduced Int 0434 (also known as the Gun Offender Registry Bill), legislation which would create a publicly-accessible database of individuals who have been convicted of a firearm offense. The database would allow the public to search for firearm offen...

No Liability for Gun Exchange; Maryland Ban Upheld; Mass. Gun Law Signed

August 13, 2014: Yesterday, the U.S. Court of Appeals for the Seventh Circuit and the U.S. District Court for the District of Maryland issued significant decisions related to firearms. Specifically, the Seventh Circuit affirmed a trial court ruling that gun exchange, Armslist, LLC, was not liable for wrongful death claims arising out of the death of a Chicago woman who was murdered by a stalker...

Massachusetts Bill Provides for Large-Scale Changes to Firearms Laws

August 4, 2014: The Massachusetts legislature approved a bill on Friday to overhaul existing state firearms laws to, amongst other things, provide for stiffer penalties for gun-related crimes. The bill (H4376) would also provide police chiefs the ability to petition a court to deny firearms identification cards (a prerequisite needed to purchase rifles and shotguns) to individuals they believe to...

DC Ban Unconstitutional; MD Court Hears Arguments on 2013 Ban

July 28, 2014: D.C. ban on carrying handguns outside of home ruled unconstitutional On Saturday, US District Judge Frederick J. Scullin struck down as unconstitutional Washington D.C.’s ban on carrying handguns outside of the home. The plaintiffs in the case (Palmer et al. v. District of Columbia et al.) were citizens of Washington D.C. who sought to strike down D.C. Code § 7-2502.02(a)(...

Bill Proposes Prohibition of Firearm Brands on Children’s Clothing

July 21, 2014: Bill Proposes Prohibition of Firearm Brands on Children’s Clothing Last week, first-year Illinois Representative Robin Kelly (D) proposed the Children’s Firearm Marketing Safety Act (H.R. 5093), a bill which would make it illegal for firearms manufacturers to exhibit their brand on child-sized clothing and headwear. The bill provides that the Federal Trade Comm...

NJ Governor Vetoes Reduction of Mag. Capacity; Law Prohibiting Felon Possession Upheld in Louisiana

July 9, 2014: New Jersey Governor Christie vetoes bill aimed at reducing magazine capacity Last week, New Jersey Governor Chris Christie vetoed Assembly Bill 2006, which sought to reduce New Jersey’s existing magazine capacity of firearms from fifteen to ten rounds. The Bill was sponsored by Assembly Majority Leader Louis Greenwald (D), who urged that the reduction would force gunmen to...

Judge Upholds Colorado Gun Restrictions

June 30, 2014: Colorado’s magazine capacity restrictions and universal background laws are constitutional according to U.S. District Judge Marcia Krieger. In a 50-page ruling handed down on Thursday, the judge held that these laws did not infringe the Second Amendment rights of Colorado citizens. In upholding the laws, the judge made clear that it was not her place “to determine the...

Chicago City Council Approves Restrictive Ordinance

June 27, 2014: On Tuesday, the Chicago City Council unanimously approved Ordinance 4271, forcing firearms retailers to video-record sales and restricting firearms purchases to one a month. The highly-restrictive Ordinance is the City Council’s response to Judge Edmond Chang’s January 6, 2014 ruling that struck down an outright ban of firearm sales in Chicago. If Mayor Rahm Emanuel sig...

Supreme Court Rules “Straw” Purchase Illegal Even if True Buyer Legally Permitted to Purchase

June 16, 2014: Earlier today, a divided Supreme Court (5-4) ruled that the federal ban on straw purchases can be enforced even when the actual intended purchaser is legally permitted to purchase and own a firearm. The case, Abramski v. United States, involved a former Virginia police officer (Bruce Abramski) who purchased a firearm for his uncle without informing the FFL retailer that he was not ...

Reduced Mag Capacity Awaits NJ Governor’s Decision, Reform Proposed for Mentally Unstable

June 10, 2014: NJ Assembly Bill 2006, which would reduce the maximum magazine capacity in NJ to 10 rounds from its current limit of 15 rounds, recently passed both houses of the NJ legislature. The bill includes limited exceptions for retired law enforcement personnel and tubular feeding devices which are only capable of holding 15 rounds of .22 caliber rimfire ammunition. Governor Christie has u...

NSSF and RLF Join the Fight Against Connecticut’s Public Act 13-3

May 29, 2014: On Friday, the National Shooting Sports Foundation, Inc. ("NSSF") and five other groups filed amicus curiae briefs in the pending appeal to the U.S. Court of Appeals for the Second Circuit in June Shew et al. v. Dannel Malloy et al. NSSF’s brief, which was prepared by Renzulli Law Firm, supports and expands on the appellants' Second Amendment and Due Process challenges to Conn...

Judge Upholds D.C. Firearms Registration in New Heller Opinion

May 16, 2014: Yesterday, U.S. District Judge James Boasberg issued the latest installment of Heller v. D.C. when he upheld D.C.’s firearms registration requirements finding that city officials acted “in a constitutionally permissible manner” and that the restrictive laws were consistent with the Second Amendment. Judge Boasberg held that requiring registrants to appear in perso...

Reduced Mag Capacity Coming to NJ

May 14, 2014: This week the NJ Senate passed Assembly Bill 2006 which would reduce the maximum magazine capacity in NJ to 10 rounds from its existing limit of 15 rounds. The Senate, however, amended the bill, so it is headed back to the Assembly for another vote. The bill substitutes the number 10 in place of the existing number 15 in the definitions of “assault rifle” and “la...

Supreme Court Passes on Right to Carry Dispute

May 8, 2014: This week the Supreme Court opted not to review a challenge to New Jersey's restrictive approach on issuing permits to carry. The plaintiff in the case applied for a permit to carry a firearm in order to defend himself because his job involved him transporting large quantities of cash. When his application was denied on the basis that he did not have an "urgent necessity for self-p...

New “Shall issue” Legislation; GA’s New Law

April 28, 2014: In the wake of the recent 9th Circuit rulings overturning the "may issue" practices of two California counties, new legislation has been proposed which would make California a "shall issue" state. The bill would amend California Penal Code section 26150 by replacing "may issue" with "shall issue" and expressly providing that self-defense is sufficient cause to justify issuance of...

Lawsuits: One Awaiting Decision, One Decided, Two on Appeal

April 18, 2014: Just more than a week ago, the trial ended in the 2nd Amendment challenge to Colorado’s 2013 anti-firearms legislation. Now, the fate of the law rests with Judge Marcia Krieger, and a decision could come any day. At the same time, the federal court challenges to the New York SAFE Act and Connecticut’s 2013 anti-gun legislation, are both on appeal to the U.S. Circuit ...

NY Deadline Approaches; New Laws, Courtroom Activity and Statistics

April 10, 2014: This year New Yorkers have another reason to dislike April 15—it’s the deadline for registering assault weapons under the NY SAFE Act. As the date approaches, many believe that it, like the deadline in CT, will be largely ignored. How the state will respond if it is ignored remains unknown. In addition, firearms laws have seen significant activity across the country...

Courts Continue to Support Right to Bear Arms; GA Bill Sent to Governor

March 24, 2014: The Supreme Court of Delaware recently ruled that the Wilmington Housing Authority (WHA) cannot set limits on residents’ rights to carry guns in common areas of public housing. In prohibiting such restrictions, the Court noted that placing restrictions on which areas of the public housing residents can possess a firearm conflicts with the state right to bear arms granted by...

Firearms Legal Round-Up

March 17, 2014: In California, the 9th Circuit recently issued another victory for firearms owners. The Court followed its previous decision declaring San Diego's "good cause" requirement to be unconstitutional, and held that Yolo County, California can no longer require residents to prove a threat of violence or robbery to obtain a carry permit. In Pennsylvania, the Commonwealth Court (an inter...

Clock Ticking on NJ Smart Gun Law; MO Nullification Law Passes Senate

February 21, 2014: In 2002, NJ passed a law banning the sale of firearms other than “Smart Guns.” The law provides that it becomes effective 3 years after a “Smart Gun” goes on sale in the U.S. Start the clock, because the Armatix iP1 pistol (.22LR, 10 round capacity) is now on sale in California. According to the NJ law, the Attorney General is required to certify that...

9th Cir. Strikes Down ‘Pressing Need’; CT Gun Law Ignored; IL Registration Law

February 14, 2014: The 9th Circuit Court of Appeals recently struck down a San Diego County policy which required county residents to show a “pressing need” in order to obtain a concealed carry permit. The Court held that the policy was an unconstitutionally restrictive interpretation of California's "good cause” requirement for obtaining a concealed carry permit, and found tha...

CT 2nd Amendment Challenge Dismissed, But Far From Over

February 3, 2014: At the end of last week, a Federal District Judge dismissed the Connecticut Citizen's Defense League's ("CCDL") Second Amendment challenge to Connecticut's new firearms laws. Although he acknowledged that the law burdens Second Amendment rights and is lacking in clarity, Judge Alfred Covello held that the law does not substantially burden Second Amendment rights and is not u...

New Laws and New Legislation

January 31, 2014: With the New Year comes another wave of proposed legislation and already numerous states appear headed towards expanding firearms rights. Among the states seeking to expand firearms rights are: South Carolina (bill permitting concealed weapon permit holders to carry firearms in bars is headed to the Governor for approval); Tennessee (bill proposed which would elimin...

RLF Speaks at SHOT; NSSF/SAAMI File Suit, Chicago Ban Struck Down

January 21, 2014: At last week's SHOT Show, John and Christopher Renzulli gave a presentation concerning the best corporate forms for FFLs. The presentation provided an overview of the various corporate forms available to FFLs and addressed the pros and cons of each form in the context of the firearms industry in order to permit the presentation's attendees to make an informed decision about wha...

Legal Updates, Approaching Deadlines and Emerging Issues

December 23, 2013: In Connecticut, the Connecticut Citizens Defense League's 2nd Amendment challenge to Connecticut’s new firearms laws is scheduled for a hearing in Hartford, CT before U.S. District Judge Alfred V. Covello on January 30, 2014 at 1pm. Before the hearing date, however, Connecticut citizens will be required to register their assault weapons and large capacity magazines. The...

Proposed Renewal of 3D Plastic Gun Law Headed to Senate; Support for Stricter Gun Laws Declining

December 5, 2013: The Undetectable Firearms Act expires on December 10. With just 5 days to go, a bill to renew the law for 10 years passed the House of Representatives. Notably, the bill which passed the House did not include any expansion of the existing laws which had been proposed, such as requiring at least one metal component in all firearms. The bill is now headed to the Senate, which do...

RLF Speaks on Industry Outlook; California Ammo Sales Statute Unconstitutional

November 18, 2013: Earlier this month Renzulli Law Firm offered insights on what the future holds for the firearms industry. Speaking at the National Association of Sporting Goods Wholesalers Expo, John Renzulli and Christopher Renzulli addressed a group of expo attendees in regards to recently passed legislation, its impact on the firearms industry and strategies for managing a business amidst ...

Legislation Brewing in OH

November 4, 2013: In Ohio, a new bill would create incentive for citizens to challenge local government firearms ordinances by awarding successful challengers their attorneys’ fees and court costs, as well as $100 for every day the ordinance remains in effect after the challenge is filed. The bill would also require that state courts rule in favor of the challenger if the local gover...

NY Court of Appeals Rules Part-Time Residents Cannot be Denied Their Right to Keep and Bear Arms

October 17, 2013: The New York Court of Appeals ruled by a 7-0 vote Tuesday that part-time residents of a county or city in New York are eligible for gun permits (see Osterweil v. Bartlett decision). A panel led by Judge Eugene Pigott Jr. clarified the State’s pistol and revolver license statute in the decision, determining primary residence is not necessary for a gun permit under New Yor...

UPDATE: CA Gov. Vetoes Four; Signs Nine

October 11, 2013: Further to our update this afternoon, Governor Brown’s decisions on thirteen pending firearms bills have been released. Among the highlights are Gov. Brown’s approval of the bill banning lead ammo by 2019 (AB 711) and permitting “federal law enforcement” to purchase non-rostered handguns (SB 363), and his veto of the bills proposing to ban semi-automatic...

CA D-Day Looms, but there is a silver lining; CO Flooding Highlights Flaws in New Legislation

October 11, 2013: Thirteen firearms bills continue to await California Gov. Jerry Brown’s decision. Gov. Brown has until Sunday to approve or veto the pending legislation, which, among other things, would ban all semi-automatic centerfire rifles without fixed magazines, ban lead ammunition, revise some statutory definitions applicable to “assault weapons,” impose further restri...

RLF Joins the Fight Against the NY SAFE Act

October 3, 2013: Last week, RLF filed an amicus curiae (friend of the court) brief on behalf of the National Shooting Sports Foundation in the New York State Rifle and Pistol Association v. Cuomo case, which is currently pending in the U.S. District Court for the Western District of New York. The brief, which was filed in support of the plaintiffs’ motion for summary judgment, aims to draw...

New Laws and New Lawsuits

September 30, 2013: Tomorrow, provisions of new firearms laws enacted by several states take effect: Connecticut: Ammunition buyers in Connecticut who do not possess either a permit to carry a handgun, or a long gun eligibility certificate, will be required to obtain an ammunition eligibility certificate. North Carolina: The expanded concealed carry rights we previously reported on go into eff...

New Colorado Suit Takes Aim at Governor; Second Effort in NJ?

September 23, 2013: Colorado: The Rocky Mountain Gun Owners have filed the second suit this year in Colorado challenging Colorado’s new background check laws and magazine capacity restrictions. The suit was filed on September 4th in the District Court for the City and County of Denver and asks the Court to find the new laws unconstitutional under the Colorado State Constitution. The com...

New Laws Coming in CA?; No Veto Override in MO

September 13, 2013: California: Last night a bill that would have banned and required confiscation of all magazines that are or were capable of holding more than 10 rounds died for good in the Assembly. Nevertheless, after this week's activity thirteen new firearms laws now await the California Governor’s signature. Among the pending legislation are bills: (1) banning all semi-automati...

New ATF Regulations; Missouri Legislative Veto; Jail Time for FFLs?

September 6, 2013: Following the new executive orders signed by President Obama, a new set of regulations pertaining to firearms trusts/corporations has been sent to the White House for review. Although the regulations are anything but final, flaws in them are already receiving attention. Among other things, the new regulations would require applications to transfer firearms to be submitted to ...

Recent Legislative Developments

August 30, 2013: In the past week, laws have been enacted and previously passed laws have become effective and been struck down in Court. These happenings are summarized below: Illinois: Gov. Quinn signed into law a bill which imposes background checks on “anyone” selling or transferring a firearm and requires all citizens to report lost or stolen firearms. Under prior law, such rep...

NJ Gov. Vetoes Anti-Firearms Laws

August 20, 2013: Just one week after signing 10 pieces of firearms legislation, Governor Chris Christie vetoed the two most controversial firearms bills passed by the NJ legislature: the proposed .50 caliber firearm ban and Senate President Sweeney’s “kitchen sink” bill. A3659 The fifty caliber gun ban, which the Governor previously supported, was vetoed in its entirety. Th...

NH Sup. Ct.: Loaded means Loaded; New Federal Legislation Introduced

August 16, 2013: The New Hampshire Supreme Court recently held that loaded means loaded when it comes to concealed handguns. Although this seems like a simple and obvious concept, it turned out to be an issue that had to be resolved by the New Hampshire Supreme Court. The criminal prosecution which produced the dispute involved a man that was charged with illegally carrying a concealed firearm ...

NJ Gov. Signs 10 Firearms Bills, Ignores the Controversial Ones

August 9, 2013: Some 16 pieces of firearms legislation were sent to NJ Gov. Chris Christie earlier this summer, and, until yesterday, his only action on those bills was to veto a bill prohibiting the State Pension Fund from investing in manufacturers or sellers of assault weapons. Yesterday, however, Christie signed 10 of the 15 remaining bills into law, almost all of which were bipartisan appro...

lllinois Concealed Carry Will have to Wait; New CT Permits; NC Gov. Quick on Gun Laws

July 31, 2013: We previously reported that a motion had been filed in Illinois Federal court challenging Illinois’ new concealed carry law on the basis that the 270-day period set by the statute for establishing the permitting program extended Illinois’ unconstitutional prohibition on concealed carry. The motion was filed as a part of the original lawsuit which resulted in the Sevent...

NC Handgun Permits Remain; Bill Encouraging ATF Tracking in the Works

July 25, 2013: The North Carolina bill we reported on last month that would have eliminated permit and background check requirements for the purchase of handguns finally cleared both the House and the Senate on Tuesday--but those provisions of the bill were deleted. As such, the bill headed to the Governor's desk essentially expands NC citizens' concealed carry rights. The most notable provisio...

Challenges to Gun Control Legislation Continue At All Levels

July 17, 2013: Last week, Renzulli Law Firm filed an action on behalf of the National Shooting Sports Foundation challenging the new Connecticut gun control legislation (for more information on this lawsuit click here). Since then, at least two more legal challenges to other recently enacted legislation have been filed elsewhere in the country: Illinois Last year, the 7th Circuit Court of Appe...