News

November 10, 2023 - There have been three major federal court decisions in the past week affecting firearm laws across the nation. Two decisions are wins for the firearm industry and individual owners, while one may be considered a loss. The decisions affect firearm laws concerning bans on so-called “assault weapons” and “large capacity” magazines, as well as ATF regulations concerning stabilizin...

October 24, 2023 - In the firearms industry, intellectual property is often equated with patents and protecting new inventions and innovations. This is undoubtedly an important aspect of the industry, and patents are vital. However, recent corporate news from the home goods sector provides a key reminder that, regardless of what business you are in, a strong brand and robust, well-protected trade...

On September 26, 2023, Governor Newsom signed into law two bills impacting federal firearm licensees (“FFL”) in California. The first bill, SB-417,sets forth specific warnings that all FFLs must “conspicuously post within the licensed premises.” The warnings, which must be posted “in block letters not less than one inch in height,” concern the safe storage of firearms and the potential criminal c...

On September 22, 2023, District Judge Benitez of the United States District Court for the Southern District of California issued a decision finding California’s “large-capacity” magazine ban unconstitutional. California’s large-capacity magazine ban, codified at California Penal Code § 32310, has been the subject of litigation since 2017. It was initially prevented from going into effect in ...

September 14, 2023 - Today, the United States Court of Appeals for the Ninth Circuit blocked a California law banning firearm advertisements that “reasonably appear to be attractive to minors,” saying the law related to protected commercial free speech and was unlikely to reduce gun violence or the unlawful use of firearms. As we previously reported, last year California enacted Assembly Bill ...

September 12, 2023 - The Department of Justice (“DOJ”) has issued a notice and request for comments relating to proposed amendments to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) regulations for the purpose of implementing the provisions of the Bipartisan Safer Communities Act (“BSCA”), which became effective June 25, 2022. These amendments primarily change various definition...

August 30, 2023 - New York will soon become the fourteenth state to serve as the point-of-contact (“POC”) for background checks on purchasers.  Beginning on September 13, 2023, federal firearms licensees in New York will contact the New York State Police to conduct background checks, instead of contacting the FBI using the National Instant Criminal Background Check System (“NICS”). NY Exec. Law §...

August 8, 2023 - In a 5-4 decision issued today, the Supreme Court is allowing ATF’s Final Rule aimed at regulating so-called ghost guns to remain in effect. Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberal leaning justices in the majority, issuing a short order stating, “the application for stay presented to Justice Alito and by him referred to the Court is grant...

August 24, 2023 - Illinois recently enacted HB0218, the Firearm Industry Responsibility Act (“FIRA” or “Act”).  FIRA provides a statutory nuisance claim designed to serve as an exception to the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). The Act also criminalizes First Amendment-protected commercial free speech by prohibiting “firearm-related product” advertiseme...

On August 11, 2023, the Illinois Supreme Court issued a decision in Caulkins v. Pritzker, one of the lawsuits challenging Illinois’ ban on “assault weapons” and large capacity magazines, as codified in the Protect Illinois Communities Act (“PICU”).   Although the court upheld the PICU, plaintiffs had originally challenged it only on state law grounds. Specifically, the court held that t...

July 28, 2023 - As previously reported, the ATF issued Final Rule 2021-05F (“Final Rule”), which, among other things, changed the definition of a “firearm” to include partially completed frames and receivers, effective August 24, 2022.   Various plaintiffs filed a lawsuit challenging two aspects of the Final Rule, specifically, the change in the definition of a “firearm” and the change in the def...

July 4, 2023 - On Friday, the U.S. District Court for the Northern District of Texas issued an order vacating the controversial ATF Rule that changed the statutory definition of “firearm” under the Gun Control Act of 1968 to include partially complete frames and receivers. In August of 2022, the ATF enacted Final Rule 2021-05F which was subsequently codified at 27 C.F.R. pts. 447, 478, ...

July 14, 2023 - 19 Democratic members of the US House recently proposed a bill that would prohibit the making of short-term, Buy Now, Pay Later (“BNPL”) loans for the purchase of semiautomatic “assault weapons.” The bill, H.R. 9686, also known as the Assault Weapon Financing Accountability Act (the “Act”), was introduced by Connecticut Representative John Larson and co-sponsored by 18 other De...

June 23, 2023 - Earlier this month, Connecticut House Bill 6667, entitled “An Act Addressing Gun Violence” went into effect. This new law includes many changes to the types of firearms available to Connecticut residents, the legal age and permitting requirements to purchase firearms, ammunition and magazines, and how retailers conduct business in Connecticut. The bill expands Connecticut’s ban on...

June 12, 2023 - Unauthorized and infringing use of the trademarks, trade dress and brands of firearms industry members on items such as apparel, accessories and other merchandise is a widespread concern. Late last week, the Supreme Court issued a unanimous ruling overturning a previous decision by the Ninth Circuit Court of Appeals that, had it stood, would have severely limited the rights of tra...

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

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

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

April 28, 2023 - This week, Washington became the tenth state to pass legislation broadly restricting the sale, manufacture, and transfer of “assault weapons.” Washington now joins California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, and New York, as well as the District of Columbia, as jurisdictions with “assault weapons” bans. This follows Washington’s recen...

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

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

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

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

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

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

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

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

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

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

November 23, 2022 - Happy Thanksgiving to all our friends and family! As Thanksgiving Day approaches, we look forward to seeing family and enjoying a home cooked meal with the people we love. This is a time to be grateful for the things in our lives that we often take for granted. The firearm industry in particular has a lot to be thankful for this year since the issuance of the Supreme Court’s d...

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

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

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

October 28, 2022 - Following the  complete dismissal of Mexico’s lawsuit against firearms manufacturers and a distributor by the U.S. District Court for the District of Massachusetts, the Mexican government has turned its attention to firearms retailers closer to the U.S.-Mexico border. On October 10, 2022, Mexico filed a lawsuit in the U.S. District Court for the District of Arizona against five...

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

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

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

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

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

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

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

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

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

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

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

June 3, 2022 - New York State has continued its attacks against law abiding firearm owners by rushing to pass gun control legislation in response to the shootings in Buffalo, New York and Uvalde Texas.  Like with the SAFE Act that was rushed through in 2013, New York’s Democratic Governor and the Democratic leaders of the State Assembly and Senate announced and passed numerous gun control laws wi...

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

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

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

May 6, 2022 - In a unanimous decision, the Supreme Court of the State of Washington recently held that a city ordinance enacted by the City of Edmonds regulating the storage of firearms is preempted by state law. The ordinance was passed by the City Council in July 2018, and attempted to require firearm owners to keep their firearms “secured by a locking device” and inaccessible to persons “other...

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

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

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

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

March 30, 2022 - Late last week, the Biden Administration and the European Commission announced that they had agreed in principle to a framework that would allow the flow of personal information between the United States and the European Union (EU) to continue.  The transfer of this information is critical to the operations of Google, Amazon, Facebook, and other online commerce and social media c...

March 24, 2022 - This month, Alabama, Ohio, and Indiana enacted constitutional carry legislation, eliminating the permit requirement for carrying concealed firearms. Alabama Governor Kay Ivey signed H.B. 272 into law, Ohio Governor Mike DeWine signed S.B. 215 into law, and Indiana Governor Eric Holcomb signed H.B. 1296 into law.  With the recent additions of Alabama, Ohio, and Indiana, there are ...

March 17, 2022 - At the start of Connecticut’s 2022 legislative session, Governor Ned Lamont introduced GB-16 “An Act Addressing Gun Violence and Juvenile Crime” for action by the Connecticut legislature.  Governor Lamont, an ardent gun control supporter, stated the bill is “aimed at eliminating gun violence in Connecticut through a series of targeted initiatives” and claimed these “commonsense” ...

March 10, 2022 - Earlier this week, Texas Representative Michael Cloud and 44 Republican co-sponsors introduced legislation that would prevent the incidental creation of a federal firearms registry.The “No Retaining Every Gun In a System That Restricts Your Rights Act,” or “No REGISTRY Rights Act” for short, would prevent the ATF from collecting firearm transaction records from federal firearms l...

March 3, 2022 - The United States recently filed a complaint in U.S. District Court for the Western District of Missouri challenging the constitutionality of the Missouri Second Amendment Preservation Act, and seeking an injunction prohibiting Missouri from enforcing it. As we previously reported, the Act states that “all federal acts, laws, orders, rules, and regulations,” that infringe on the S...

February 24, 2022 - Today the Nevada Supreme Court issued an order unanimously denying plaintiffs’ petition for rehearing from its December 2, 2021 decisionregarding the Nevada firearm industry immunity statute, NRS 41.131(1).  The December 2, 2021 decision was issued in the case of Parsons v. Colt’s Manufacturing Company LLC, et al. and held that NRS 41.131(1) provides the manufacturers and deal...

February 23, 2022 - Arizona State Representative Quang Nguyen recently introduced House Bill 2448, which would require public and charter schools to provide students in grades six through twelve with “one or more training sessions in firearms safety in an age-appropriate manner.”  If enacted into law, Arizona schools would be required to offer firearms safety training to students by a q...

January 21, 2022 Democrats in the Michigan State Senate recently introduced a bill, the passage of which would affect firearm sellers, retail purchasers, and existing firearm owners in Michigan. SB550 would require retail dealers to provide a written warning to firearm purchasers and post conspicuous warnings at the counter, informing customers of their legal obligation to safely sto...