Renzulli Run Down: What You Need To Know

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

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

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

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

“RED FLAG” FIREARM SEIZURE LAWS PROLIFERATING

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

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

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

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

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

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

NRA CALLS OUT GOVERNOR CUOMO AND OTHER NEW YORK POLITICIANS

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

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

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

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

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

Trump Administration Proposes Substantial Improvements to the Firearm Export Process

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

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

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

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

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

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

FLORIDA MUNICIPALITIES SUE OVER STATE FIREARM LAW

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

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

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

Congress Set to Consider “Extreme Risk Protection Orders”

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

DOJ Inches Closer To Federal Bump Stock Ban

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

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

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

U.S. DOJ Takes Step Toward Bump Stock Ban

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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...

On March 1, 2017, Senator John Cornyn introduced the Constitutional Concealed Carry Reciprocity Act of 2017 (“CCCRA”). The following is a link to the text of the CCCRA: https://www.congress.gov/bill/115th-congress/senate-bill/446/text. The CCRA is similar to the Concealed Carry Reciprocity Act of 2017 (“CCRA”), which Representative Richard Hudson introduced on January 3, 2017. The following is ...

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...

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 ...