Renzulli Run Down: What You Need To Know
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…
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…
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…
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…
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…
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,…
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…
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 restrictions and increased waiting…
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…
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…
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…
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:…
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…
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…
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…
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…
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…
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…
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…
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…
MS County Judge to Decide Open Carry Law
July 12, 2013: Mississippi’s open carry law, which was scheduled to become effective on July 1, was recently put on hold when a Hinds County Circuit Court judge issued a temporary restraining order preventing the law from becoming effective. On Monday, the court heard arguments on whether a preliminary injunction should be issued and decision…
NSSF and RLF Challenge CT Gun Laws
July 12, 2013: Earlier this week Renzulli Law Firm on behalf of the National Shooting Sports Foundation, Inc. filed a lawsuit challenging Connecticut’s new gun control legislation on the basis that the emergency certification process was improperly used to push the bill through the legislature. The lawsuit claims, among other things, that the emergency certification…
Colorado and Connecticut Laws Go Into Effect; Cuomo’s Dismissal Effort
July 2, 2013: Yesterday, provisions of the new firearms legislation passed in Colorado and Connecticut earlier this year became effective. The newly effective provisions in Colorado include limiting ammunition magazines to 15 rounds and universal background check requirements. In Connecticut, the forms required to obtain certificates to purchase shotguns, rifles and ammunition became available yesterday.…
Controversy (and 13 Bills) Await NJ Gov.
June 28, 2013: In New Jersey, four more pieces of firearms legislation were sent to Governor Chris Christie this week. These bills follow three others which were sent to the Governor at the end of last week, making a total of thirteen firearms bills now pending the Governor’s approval (see below). One of the bills,…
Delaware Senate Shocks AG; “Strict Liability” Dead in Maine
June 28, 2013: Last night, the Delaware Senate emphatically rejected a bill backed by AG Beau Biden, son of VP Joe Biden, that was designed to keep firearms out of the hands of mentally ill persons. The rejection apparently “shocked” the AG because the final version of the bill had received a neutral stance from…
Maine Law Takes Unexpected Turn; Alaska Governor Approves 2nd Amendment Preservation Act
June 25, 2013: The Maine Legislature voted to pass an amended version of the background check bill we have been following. The amended version awaits the Governor’s approval or veto (available here). If approved, the bill will create both a “strict liability” offense for selling or transferring a firearm to a prohibited person and a…
UPDATE: Maine Background Check Bill Defeated in Senate
UPDATE: Yesterday afternoon, we reported on a bill in the Maine legislature relating to background checks that was pending a Senate vote that could have sent the bill to the Governor’s desk. Just before 4pm last night, however, the Senate voted and the bill was defeated by a vote of 19 to 17. Later on,…
NC Senate: No Permit Needed; Universal Background Checks Dead in Nevada, On the Horizon in Maine?
On June 13, 2013 the North Carolina Senate passed legislation which would allow citizens to purchase handguns without obtaining a permit. The elimination of current permit requirements was part of a Senate amendment, so the legislation, which originated in the House of Representatives, has now been sent back to the House of Representatives for a concurrence vote. …
Universal Background Checks Likely Dead in Nevada; NJ and CA Still in the News
The Nevada legislative session ended a week ago with the legislature managing to pass a bill which would require FFL-performed background checks for all purchases and transfers of firearms. Public opposition to the bill, however, has been substantial, with the Governor’s office reporting more than 1,700 calls in opposition on Wednesday alone. Since then, the…
California Bills Pass the Senate; New Jersey Legislators Continue to Push
The California Senate passed 8 new bills on May 29, 2013 including bans on all semi-automatic rifles that can accept a detachable magazine and all magazines over 10 rounds, including those that people already own. Another bill requires ammunition buyers to pay a fee, obtain a permit and pass a background check. Following the “microstamping”…
California Law Requiring “Microstamping” Goes Into Effect
California enacted a law in 2007 which deemed that any new model of semiautomatic pistol to be an “unsafe handgun” unless it included microstamping technology. By its terms, however, this law did not become effective until private patents on microstamping technology had expired. This past Friday, California authorities certified that these patents had expired so…
Constitutional Challenge Brought Against Colorado Firearm Laws
Earlier today a group of plaintiffs filed a complaint in the U.S. District Court for the District of Colorado against Governor Hickenlooper pleading that two firearm laws recently enacted in Colorado violate the United States Constitution. The plaintiffs include 54 Colorado county sheriffs, several firearm manufacturers and dealers, disabled individuals, shooting clubs and the National…
Delaware Governor Signs Background Check Law; Effective July 1, 2013
May 8, 2013: Earlier today, Governor Markel signed legislation to require background checks for private sales of firearms in Delaware. Effective July 1, 2013, persons in Delaware may not transfer firearms without conducting a background check through a licensed firearm dealer. Transfer is broadly defined but does not include loaning a firearm for up to 14 days to…
Pending Delaware Legislation
Governor Markell has proposed legislation to: 1. Require background checks for private sales of firearms 2. Require the reporting of lost and stolen firearms 3. Ban the manufacture, sale or possession of handgun magazines with a capacity of more than ten rounds and rifle or shotgun magazines with a capacity of more than five…
Proposed Federal Legislation
The Senate has been voting on amendments to S. 649, the “Safe Communities, Safe Schools Act of 2013,” which was passed out of the Senate Judiciary Committee on a party line vote for consideration by the full Senate. All amendments needed at least 60 votes to pass based on Senate procedural rules applicable to S.…
Update on Firearm Legislative Developments
Maryland The Firearm Safety Act of 2013 has passed the Maryland legislature. Governor O’Malley has said that he will sign it into law in May. By its terms this law will not become effective until October 1, 2013. Beretta USA Corp. has said it will move out of Maryland if this legislation is signed into…
Connecticut Enacts Sweeping New Laws on Firearms
Connecticut has enacted sweeping new laws on firearms, which became effective April 4, 2013 upon signature of the legislation by Governor Malloy. As noted below, several provisions of the new law were effective immediately. Large capacity magazines (“LCMs”) Applies to magazines with a capacity of more than ten rounds, excluding .22 caliber tube ammunition feeding…
Connecticut to Adopt Sweeping New Firearm Laws
Connecticut lawmakers have reached an agreement to enact sweeping new firearm-related laws which would: Require background checks on all gun sales Ban the sale of magazines with a capacity of more than ten rounds Require registration of currently-owned magazines with a capacity of more than ten rounds Expand Connecticut’s assault weapons ban to include 100…
Colorado Enacts New Firearm-Related Laws
On March 21, 2013 Colorado Governor John Hickenlooper signed the following legislation into law: Ban on large capacity magazines. Effective July 1, 2013, this law will prohibit the sale, transfer or possession of magazines that can hold more than 15 rounds of ammunition or more than eight shotgun shells. Magazines that are lawfully possessed before July…
Renzulli Law Firm Wins Complete Dismissal for Shotgun Manufacturer
On June 22, 2009, the Court of Appeals for the Eleventh Appellate District in Portage County, Ohio issued a decision affirming an order granting summary judgment in favor of O.F. Mossberg & Sons, Inc. and Maverick Arms, Inc. and dismissing the complaint against them in its entirety. On December 26, 2002, Plaintiff, Nathan Gay, then…
Preventative Product Liability: Warnings and Instructions
Manufacturers have a duty to provide consumers with reasonable warnings and instructions regarding the risks associated with their products. Courts examine several factors in determining whether a manufacturer has a duty to warn consumers of a particular risk. Included amongst these factors are the gravity of the risks posed by the product, the likelihood that…